No. 28

STATE OF MICHIGAN

Journal of the Senate

99th Legislature

REGULAR SESSION OF 2017

Senate Chamber, Lansing, Thursday, March 16, 2017.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.

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

Ananich—present Hood—present O’Brien—present

Bieda—present Hopgood—present Pavlov—excused

Booher—present Horn—present Proos—present

Brandenburg—present Hune—present Robertson—present

Casperson—present Johnson—present Rocca—present

Colbeck—present Jones—present Schmidt—present

Conyers—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—present Kowall—present Stamas—present

Gregory—present MacGregor—present Warren—present

Hansen—present Marleau—present Young—present

Hertel—present Meekhof—present Zorn—present

Hildenbrand—present Nofs—present

Pastor David Foreman of Reachout Christian Center of Lansing offered the following invocation:

Gracious Father, we come today and thank You for Your guidance and Your understanding. We remember Your word that urges us, first of all, that petition, prayer, intercession, and thanksgiving be made for all people, for kings, and all those in authority. This morning, we ask You to remember these, Your servants. We ask You to give them wisdom and understanding, and we ask You to remember their families who share them with us as they serve Your people of this great state. We ask Your blessings upon this entire body in Your name. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Hansen and Gregory entered the Senate Chamber.

Senator Kowall moved that Senators Booher, Hildenbrand, Nofs, O’Brien and Stamas be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Hood moved that Senators Ananich and Johnson be temporarily excused from today’s session.

The motion prevailed.

Senators O’Brien, Booher, Stamas and Nofs entered the Senate Chamber.

The following communication was received:

Office of Senator Wayne A. Schmidt

March 7, 2017

This letter is in regards to Senate Bill 157, which was introduced on February 14, 2017 by my colleague from the 24th district.

I am writing to formally request having my name be removed as a cosponsor of SB 157.

If you require any further information please do not hesitate to contact me at 3-2413.

Sincerely,

Wayne A. Schmidt

State Senator

District 37

The communication was referred to the Secretary for record.

The following communication was received:

Office of Senator Curtis Hertel Jr.

March 13, 2017

I am writing to request my addition in co‑sponsorship of Senate Bills 82 and 83, both sponsored by Senator Bieda.

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

Sincerely,

Curtis Hertel Jr.

State Senator

District 23

The communication was referred to the Secretary for record.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

March 14, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-063-ED (Secretary of State Filing #17-03-01) on this date at 4:00 p.m. for the Department of Education entitled, “Education of Pregnant and Parenting Students.”

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

March 14, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2013-031-LR (Secretary of State Filing #17-03-02) on this date at 4:00 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Massage Therapy - General Rules.”

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

March 14, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2014-109-TY (Secretary of State Filing #17-03-03) on this date at 4:00 p.m. for the Department of Treasury entitled, “Audit Standards for Examinations Under the Uniform Unclaimed Property Act.”

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

March 14, 2017

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Technology, Management, and Budget and the State Office of Regulatory Reinvention filed Administrative Rule #2016-008-LR (Secretary of State Filing #17-03-04) on this date at 4:00 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Nursing Homes and Nursing Care Facilities.”

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

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that the following bills were printed and filed on Wednesday, March 15, and are available at the Michigan Legislature website:

Senate Bill Nos. 239 240 241 242 243 244 245 246 247

House Bill Nos. 4359 4360 4361 4362 4363 4364 4365

Senator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Horn admittance to the Senate floor.

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

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

Senate Bill No. 202

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

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Gregory as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 202, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310c.

The bill was placed on the order of Third Reading of Bills.

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

Senate Bill No. 120, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2015 PA 208.

Substitute (S-1).

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

By unanimous consent the Senate proceeded to the order of

Resolutions

Senators Ananich, Johnson and Hildenbrand entered the Senate Chamber.

Senator MacGregor offered the following resolution:

Senate Resolution No. 23.

A resolution to commemorate March 21, 2017, as Hunger Solutions Day.

Whereas, The Food Bank Council of Michigan’s mission is to create a food-secure state through advocacy, resource management, and collaboration among stakeholders and Michigan’s unified food bank network; and

Whereas, Over sixteen percent of Michigan residents regularly face hunger in their household; and nearly twenty-one percent of our children do not have a consistent source of healthy, nutritious food; and

Whereas, The Food Bank Council of Michigan represents regional food banks that serve all 83 counties in the state; and

Whereas, Michigan food banks distribute food and resources to direct service agencies, including pantries, after-school programs, and senior centers; and

Whereas, Our food banks also coordinate outreach and educational programs throughout the year to promote healthy and responsible choices that affect hunger; and

Whereas, The Food Bank Council of Michigan organizes surplus donations from Michigan farmers in order to make available fresh, nutritious produce in the emergency food system; and

Whereas, The Food Bank Council of Michigan coordinates the statewide food and fund drive, Michigan Harvest Gathering, which has secured over 54 million meals since 1991; and

Whereas, Together, The Food Bank Council of Michigan and our food banks are committed to increasing access to nutritious food through programs and food distribution services; and

Whereas, The Food Bank Council of Michigan advocates for policy in support of food security for all residents; and

Whereas, The state of Michigan is proud to encourage the collaborative and innovative strategies which bring food security to families, individuals, and communities that are desperately in need of support; now, therefore, be it

Resolved by the Senate, That we hereby commemorate March 21, 2017, as Hunger Solutions Day.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The resolution was adopted.

Senators Ananich, Booher, Brandenburg, Conyers, Gregory, Hansen, Hopgood, Horn, Knollenberg, Marleau, Proos, Rocca, Warren, Zorn and Bieda were named co‑sponsors of the resolution.

Senators Hood and Ananich offered the following resolution:

Senate Resolution No. 24.

A resolution recognizing March 2017, as National Kidney Month and March 9, 2017, as World Kidney Day.

Whereas, More than 900,000 people in Michigan have kidney disease and most don’t know it; and

Whereas, Diabetes and high blood pressure are the two leading causes of kidney disease; and

Whereas, An estimated 70 percent of kidney disease cases can be prevented; and

Whereas, One in three children that were born in the year 2000 will develop diabetes in their lifetime; and

Whereas, More than 2,800 people are currently waiting for a life-saving kidney transplant in Michigan; and

Whereas, Minority populations are at a greater risk for developing kidney disease; and

Whereas, The National Kidney Foundation of Michigan campaign encourages Michiganders to know their risk for kidney disease and make healthy life-style changes to reduce their risk; now, therefore, be it

Resolved by the Senate, That we hereby recognize March 2017, as National Kidney Month and March 9, 2017, as World Kidney Day; and be it further

Resolved, That we urge all citizens to show their support for those fighting kidney disease by commemorating this day by wearing the color orange. By increasing awareness of kidney disease, encouraging healthy lifestyles, and working together to fight kidney disease, we can save and improve the lives of Michiganders.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The resolution was adopted.

Senators Booher, Brandenburg, Conyers, Gregory, Hansen, Hopgood, Horn, Knollenberg, Marleau, Proos, Rocca, Warren and Bieda were named co‑sponsors of the resolution.

Senators Hood and Ananich offered the following resolution:

Senate Resolution No. 25.

A resolution to encourage the United States Congress to pass Medicare reforms to provide better care and benefits for recipients of kidney transplants.

Whereas, More than 661,000 Americans have kidney failure annually; nearly 500,000 of these people require dialysis. The remaining individuals are able to successfully receive a fully functioning kidney through a transplant operation; and

Whereas, The average medical costs associated with a kidney transplant in the United States is $100,000, along with an additional $15,000 in annual anti-rejection prescriptions that must be taken in order to preserve the viability of the transplant organ for the lifetime of the transplant recipient; and

Whereas, The average medical cost for dialysis treatment in the United States is $89,000 annually for the lifetime of the recipient. The Federal government, through Medicare, covers all costs associated with dialysis as well as kidney transplant operations and associated expenses for qualifying recipients. However, under current policies, coverage of anti-rejection prescriptions necessary to keep a transplanted kidney functional is only offered for three years following the transplant; and

Whereas, Under the current Medicare coverage structure, once three years has passed following a covered kidney transplant surgery, beneficiaries receiving a kidney transplant are often forced back onto dialysis because they cannot afford the prescriptions necessary to keep their kidney viable; and

Whereas, If the Federal government would continue to cover prescription costs after the third year following a kidney transplant, patients would not be forced back onto dialysis, saving Medicare an average of $74,000 annually, per patient, and drastically improving patient quality of life; now, therefore, be it

Resolved by the Senate, That we encourage the United States Congress to pass Medicare reforms to provide better care and benefits for recipients of kidney transplants; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Kowall moved that the resolution be referred to the Committee on Health Policy.

The motion prevailed.

Senators Booher, Brandenburg, Conyers, Gregory, Hansen, Hopgood, Proos, Warren and Bieda were named co‑sponsors of the resolution.

Senators Knezek, Conyers, Hopgood, Hertel, Warren, Bieda and Ananich offered the following resolution:

Senate Resolution No. 26.

A resolution to urge the Congress of the United States to reinstate provisions of the Independent Counsel Act and request the Deputy United States Attorney General appoint a special counselor to investigate Russia’s interference in the 2016 presidential election.

Whereas, In the aftermath of the Watergate scandal, Congress and the President enacted the Independent Counsel Act. This act allowed the U.S. Attorney General to recommend to a three-judge panel that an independent counselor be appointed to investigate and prosecute charges of misconduct and corruption involving high-profile executive branch officials; and

Whereas, The Independent Counsel Act allowed Congress to request the Attorney General recommend an independent counselor be appointed to investigate and prosecute criminal wrongdoing in the executive branch. This request could be made by the Judiciary Committee of either congressional chamber or a majority of a single party in a Judiciary Committee. If the congressional request was denied, the act required the Attorney General file a report with Congress explaining why the petition for a court-appointed independent counselor was unsuccessful; and

Whereas, The act was allowed to sunset in 1999, and a significantly diluted version was permanently enacted. The new provisions provide the Attorney General sole power to appoint a special counselor. If he recuses himself, the power resides in the Deputy Attorney General. The new act also removed the ability for Congress to formally request the Attorney General appoint a special counselor to investigate executive misconduct and corruption; and

Whereas, The U.S. intelligence community has stated the Russian government deliberately undermined the 2016 presidential contest, and federal law enforcement is investigating whether any members of the President’s campaign had improper contact with Russian officials or colluded in their illegal activities; and

Whereas, Trump administration officials have lied to Congress and the public about their relationships with Russian officials. Attorney General Jeff Sessions deliberately misled the Senate in his confirmation testimony by not disclosing two encounters with the Russian ambassador to the United States during the 2016 presidential campaign. He recused himself from any Department of Justice investigation into Russian election interference as a result. The Attorney General joins General Michael Flynn, the President’s first National Security Advisor, as having been caught lying to the American public about their interaction with Russian officials; and

Whereas, President Trump and several members of his administration are thought to have vested business interests in foreign nations, including Russia, creating clear conflicts of interest; and

Whereas, An independent counselor must be appointed. The President and his appointees cannot be both subjects in the Russia investigation and lead the agencies conducting the investigation and prosecutions; and

Whereas, It does not appear President Trump will appoint an independent counselor to investigate his own administration. Independent counselors were created to investigate, and if necessary, prosecute these types of executive misconduct and corruption. Every day that claims of Russian interference in our elections are left unresolved, the public’s confidence in the presidency and our institutions diminish. Only through congressional intervention can full confidence in American democracy and our elections be restored; now, therefore, be it

Resolved by the Senate, That we urge the Congress of the United States to reinstate provisions of the Independent Counsel Act and request the Deputy United States Attorney General appoint a special counselor to investigate Russia’s interference in the 2016 presidential election; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.

Senator Gregory was named co‑sponsor of the resolution.

Senators Bieda, Conyers, Warren and Hertel offered the following concurrent resolution:

Senate Concurrent Resolution No. 13.

A concurrent resolution to urge the United States Congress to enact legislation requiring the public release of tax returns by presidential nominees.

Whereas, Presidential nominees should be open about everything, including their financial and tax situations, and citizens should have a right to that information. The highest office in the country demands the highest degree of transparency. It is an office of public service, not of private interest; and

Whereas, Dating back to former President Richard Nixon, it has been customary for presidential nominees to release their tax returns. This 40-year-old precedent established a sense of trust between presidential nominees and voters by revealing any potential conflicts of interest; and

Whereas, Donald Trump so far has not released his tax returns. In late February 2016, then-presidential candidate Trump said he could not release his most recent tax returns because they were being audited by the Internal Revenue Service, even though he had pledged to release them in other comments. Former 2012 Republican presidential nominee, Mitt Romney, noted that nothing prevented the release of tax returns under audit and also that returns not under audit from previous years could be released in the interim. Donald Trump still refused to release any of his tax returns. Days after Trump was sworn in as president, Counselor to the President, Kellyanne Conway, informed the media and the American public that President Trump does not feel he has to release his tax returns; and

Whereas, The Trump business empire is sprawling and has connections across the country and world that could be financially impacted by the President’s actions. Rather than heed bipartisan calls to put his assets in a blind trust, as is often done, President Trump said his children would manage his assets on his behalf; and

Whereas, United States citizens want to see the tax returns of President Trump and deserve transparency on the President’s financial dealings. In fact, in less than two months’ time, over 1 million people have signed a whitehouse.gov petition demanding the immediate release of the President’s tax returns; and

Whereas, The federal Presidential Tax Transparency Act (S. 26) would require the tax returns from the three most recent years of presidential nominees of major parties to be made public. While Congress has not used its authority to examine President Trump’s tax returns, it should reverse course, serve the people’s interest, and move to ensure that all presidential nominees’ tax returns are made public going forward; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Congress to enact legislation requiring the public release of tax returns by presidential nominees; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senators Ananich, Gregory and Hopgood were named co‑sponsors of the concurrent resolution.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 207, entitled

A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 6c (MCL 28.6c).

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 72 Yeas—37

Ananich Hansen Knezek Robertson

Bieda Hertel Knollenberg Rocca

Booher Hildenbrand Kowall Schmidt

Brandenburg Hood MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune Nofs Warren

Emmons Johnson O’Brien Young

Green Jones Proos Zorn

Gregory

Nays—0

Excused—1

Pavlov

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 215, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2822 (MCL 333.2822), as amended by 2002 PA 691.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 73 Yeas—37

Ananich Hansen Knezek Robertson

Bieda Hertel Knollenberg Rocca

Booher Hildenbrand Kowall Schmidt

Brandenburg Hood MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune Nofs Warren

Emmons Johnson O’Brien Young

Green Jones Proos Zorn

Gregory

Nays—0

Excused—1

Pavlov

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 46, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2016 PA 161.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 74 Yeas—37

Ananich Hansen Knezek Robertson

Bieda Hertel Knollenberg Rocca

Booher Hildenbrand Kowall Schmidt

Brandenburg Hood MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune Nofs Warren

Emmons Johnson O’Brien Young

Green Jones Proos Zorn

Gregory

Nays—0

Excused—1

Pavlov

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 176, entitled

A bill to amend 1996 PA 299, entitled “An act to regulate tourist-oriented directional signs on certain rural roads; and to impose certain duties upon the state transportation department,” by amending section 1 (MCL 247.401), as amended by 2004 PA 528.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 75 Yeas—37

Ananich Hansen Knezek Robertson

Bieda Hertel Knollenberg Rocca

Booher Hildenbrand Kowall Schmidt

Brandenburg Hood MacGregor Schuitmaker

Casperson Hopgood Marleau Shirkey

Colbeck Horn Meekhof Stamas

Conyers Hune Nofs Warren

Emmons Johnson O’Brien Young

Green Jones Proos Zorn

Gregory

Nays—0

Excused—1

Pavlov

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Warren, Colbeck, Rocca, Bieda, Ananich, Kowall, Conyers, O’Brien and Schmidt introduced

Senate Bill No. 248, entitled

A bill to create a commission to commemorate the centennial of World War I; to prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state agencies and officials.

The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security.

Senator Shirkey introduced

Senate Bill No. 249, entitled

A bill to create the educational instruction access act; to limit the powers of local governmental bodies regarding the selling, transferring, leasing, or renting of property; and to provide remedies and penalties.

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

Senators Hopgood, Schmidt, Horn, Conyers and Bieda introduced

Senate Bill No. 250, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 29 (MCL 125.1679), as amended by 2004 PA 66.

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

Senators Schmidt, Hopgood, Horn, Conyers and Bieda introduced

Senate Bill No. 251, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding chapter 3C.

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

Statements

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

The motion prevailed.

Senator Bieda’s statement is as follows:

I rise today to offer a Senate concurrent resolution, which is on my desk this morning. This resolution urges Congress to reject any budgetary measures that would make cuts to the Great Lakes Restoration Initiative. As the Detroit Free Press reported this morning, the President has indicated that he plans to totally eliminate funding for the Great Lakes Restoration Initiative. This program has been vital to our environmental health by funding state and local projects that combat invasive species, restore wildlife habitats, and clean up watersheds across the Great Lakes region.

Our economy is closely tied to the Great Lakes. We are after all the Great Lakes State. It contributes 1.5 million jobs and $62 billion in wages every year related to agriculture, tourism, shipping, and manufacturing. Our natural resources are a means of revenue to support jobs across the state, and we can’t afford such dramatic and thoughtless cuts to the largest body of freshwater in the world. We should be looking to increase protections for our resources, not making unprecedented cuts. Government is not a business, and our Great Lakes are not political props.

It is unfortunate that President Trump is unaware of the scope and gravity of the Great Lakes Restoration Initiative. We are still working to clean up and restore areas of our state that have been affected by years of pollution and abuse. The problem became so massive that the Environmental Protection Agency had to declare and form an areas-of-concern list of locations that face severe environmental degradation, some of which were so bad that they were pronounced ecologically dead. This areas of concern list is comprised of 31 rivers, lakes, and streams from all eight states that border the Great Lakes: Wisconsin, Pennsylvania, Ohio, New York, Minnesota, Michigan, Illinois, and Indiana. Of the 31 areas listed, regrettably, Michigan is home to nearly half of these environmental disaster locations.

The Great Lakes Restoration Initiative has proven to be a huge success, and over the course of this program, two areas of concern—specifically Deer Lake and White Lake—have been completely cleaned up and delisted, but we still have a lot of work to do. Eleven more areas are still considered areas of concern, including the Clinton River, Detroit River, Kalamazoo River, Manistique River, Muskegon Lake, River Raisin, Rouge River, Saginaw River and Bay, St. Clair River, St. Marys River, and Torch Lake. Let me remind you that these cleanup projects are not just good for the environment, but they are also good for the economy. The Brookings Institute has reported that every dollar invested in the Great Lakes restoration results in a $2 return in the form of increased fishing, tourism, and home values. This is an investment in our environment and our economy.

Thankfully, Congress has the final say on the federal budget, and Michigan’s congressional representatives are working in a bipartisan fashion to oppose these disastrous cuts. I hope you will join our U.S. Representatives, U.S. Senators, and myself in calling on Congress to oppose any measures that weaken our ability to protect the Great Lakes.

I still have the resolution on my desk and I invite you to co‑sponsor.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 72, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Rocca, Colbeck and Bieda

Nays: None

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

The Committee on Judiciary reported

Senate Bill No. 73, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7413 (MCL 333.7413), as amended by 1988 PA 144.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Rocca, Colbeck and Bieda

Nays: None

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

The Committee on Judiciary reported

Senate Bill No. 219, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 4, 5a, 5b, 5j, 5l, 5o, 6, and 8 (MCL 28.421, 28.424, 28.425a, 28.425b, 28.425j, 28.425l, 28.425o, 28.426, and 28.428), section 1 as amended by 2016 PA 301, sections 4, 5a, 5j, and 5l as amended by 2015 PA 3, sections 5b and 8 as amended by 2015 PA 207, section 5o as amended by 2015 PA 206, and section 6 as added by 2005 PA 242; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda

Nays: None

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

The Committee on Judiciary reported

Senate Bill No. 220, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 18 of chapter XVII (MCL 777.18), as amended by 2006 PA 553.

With the recommendation that the bill pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Rocca, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, March 14, 2017, at 3:00 p.m., Room 1300, Binsfeld Office Building

Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda

The Committee on Finance reported

Senate Bill No. 94, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2016 PA 515.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren

Nays: None

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

The Committee on Finance reported

Senate Bill No. 95, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2016 PA 516.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren

Nays: None

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

The Committee on Finance reported

House Bill No. 4136, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87f (MCL 211.87b and 211.87f), section 87b as amended and section 87f as added by 2016 PA 82.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Tuesday, March 14, 2017, at 2:30 p.m., Room 1100, Binsfeld Office Building

Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren

The Committee on Judiciary reported

Senate Bill No. 223, entitled

A bill to require the creation and maintenance of certain law enforcement officer personnel records; to prescribe the information that may be contained in the personnel records; to permit law enforcement officers to review the personnel records; and to provide for immunity from civil liability to law enforcement agencies in certain circumstances.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck

Nays: None

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

The Committee on Natural Resources reported

Senate Concurrent Resolution No. 7.

A concurrent resolution to support the recommendations of the Chicago Area Waterway System Advisory Committee to prevent Asian carp from entering the Great Lakes.

(For text of resolution, see Senate Journal No. 15, p. 147.)

With the recommendation that the concurrent resolution be adopted.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Robertson, Stamas and Warren

Nays: None

The concurrent resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources submitted the following:

Meeting held on Wednesday, March 15, 2017, at 12:30 p.m., Room 1300, Binsfeld Office Building

Present: Senators Casperson (C), Robertson, Stamas and Warren

Excused: Senator Pavlov

The Committee on Regulatory Reform reported

Senate Bill No. 188, entitled

A bill to amend 2012 PA 580, entitled “Security alarm systems act,” by amending section 2 (MCL 338.2182).

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, MacGregor, Warren and Hertel

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 191, entitled

A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 8 (MCL 28.298), as amended by 2008 PA 32.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, MacGregor, Warren and Hertel

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 192, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208c and 698 (MCL 257.208c and 257.698), section 208c as amended by 2008 PA 539 and section 698 as amended by 2016 PA 161.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, MacGregor, Warren and Hertel

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 202, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310c.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, MacGregor, Warren and Hertel

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 186, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 103 and 316 (MCL 339.103 and 339.316), section 103 as amended by 1994 PA 257 and section 316 as amended by 1998 PA 90, and by adding article 14A; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, MacGregor, Warren and Hertel

Nays: None

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

The Committee on Regulatory Reform reported

Senate Bill No. 187, entitled

A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 22, 25, 26, 29, 31, and 33 (MCL 338.1052, 338.1053, 338.1054, 338.1055, 338.1056, 338.1057, 338.1058, 338.1059, 338.1060, 338.1061, 338.1063, 338.1064, 338.1065, 338.1066, 338.1067, 338.1068, 338.1069, 338.1072, 338.1075, 338.1076, 338.1079, 338.1081, and 338.1083), the title and sections 3, 4, 7, 8, 14, 17, 19, 25, and 29 as amended by 2010 PA 68, section 2 as amended by 2012 PA 581, sections 6 and 9 as amended by 2014 PA 128, sections 10, 13, 18, and 31 as amended by 2002 PA 473, section 11 as amended by 2004 PA 270, and sections 22 and 33 as amended by 2000 PA 411, and by adding section 15a.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, MacGregor, Warren and Hertel

Nays: None

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

The Committee on Regulatory Reform reported

Senate Bill No. 190, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80130a, 80315a, 81114a, and 82156a (MCL 324.80130a, 324.80315a, 324.81114a, and 324.82156a), section 80130a as amended by 2000 PA 194 and sections 80315a, 81114a, and 82156a as added by 1997 PA 102.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Knollenberg, MacGregor, Warren and Hertel

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Wednesday, March 15, 2017, at 1:00 p.m., Room 1100, Binsfeld Office Building

Present: Senators Rocca (C), Jones, Knollenberg, MacGregor, Warren and Hertel

Excused: Senators Kowall, Hune and Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Agriculture and Rural Development submitted the following:

Meeting held on Tuesday, March 14, 2017, at 3:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Green (C), Stamas and Hopgood

COMMITTEE ATTENDANCE REPORT

The Committee on Michigan Competitiveness submitted the following:

Meeting held on Wednesday, March 15, 2017, at 8:00 a.m., Room 1100, Binsfeld Office Building

Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Corrections submitted the following:

Meeting held on Wednesday, March 15, 2017, at 3:30 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Proos (C) and Knollenberg

Excused: Senator Gregory

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, March 15, 2017, 4:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Booher (C), Nofs, Schuitmaker, Hansen, MacGregor and Hertel

Excused: Senator Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on General Government submitted the following:

Meeting held on Thursday, March 16, 2017, at 8:30 a.m., Room 1300, Binsfeld Office Building

Present: Senators Stamas (C), Nofs, Booher and Young

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Transportation submitted the following:

Meeting held on Thursday, March 16, 2017, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hansen (C), Knollenberg and Young

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture and Rural Development - Tuesdays, March 21 and March 28, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Community Colleges - Wednesday, March 22, 9:30 a.m., Room 1300, Binsfeld Office Building (373-2768)

General Government - Thursday, March 23, 8:30 a.m., Room 1300, Binsfeld Office Building (373-2768)

Judiciary - Tuesday, March 21, 9:00 a.m., Room 405, Capitol Building (373-2768)

K-12, School Aid, Education - Wednesdays, March 22 and March 29, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

State Police and Military Affairs - Tuesdays, March 21 (CANCELED) and March 28, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Transportation - Thursdays, March 23 and March 30, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Judiciary - Tuesday, March 21, 3:00 p.m., Room 1300, Binsfeld Office Building (373-5323)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 10:30 a.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, March 21, 2017, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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