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Journal of the Senate 99Th Legislature REGULAR SESSION of 2018

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Journal of the Senate 99Th Legislature REGULAR SESSION of 2018 No. 81 STATE OF MICHIGAN Journal of the Senate 99th Legislature REGULAR SESSION OF 2018 Senate Chamber, Lansing, Wednesday, December 19, 2018. 12:30 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hollier—present O’Brien—present Bieda—present Hood—present Pavlov—present Booher—present Hopgood—present Proos—present Brandenburg—present Horn—present Robertson—present Casperson—present Hune—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 2372 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 Senator John Proos of the 21st District offered the following invocation: Heavenly Father, we come to You today at this early hour as men and women in need of Your grace and Your wisdom. Grace and wisdom that You so freely give to each of us, should we dare to reach out to You in humility. Lord, during this Advent season, we turn our thoughts to You and the gift of Your only-begotten Son, Jesus Christ. It is in His divine nature that we are redeemed in Your love. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Green entered the Senate Chamber. Senator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. The motion prevailed. Senator Hood moved that Senator Hopgood be temporarily excused from today’s session. The motion prevailed. Recess Senator Kowall moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 12:33 a.m. 12:46 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Knollenberg and Hopgood entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5778, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sec tions 2, 3, 14, and 22 (MCL 287.1102, 287.1103, 287.1114, and 287.1122), sec tion 2 as amended by 2016 PA 305 and sec tion 22 as amended by 2013 PA 8, and by adding sec tions 22a, 22b, and 22c. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 5778 The motion prevailed, a majority of the members serving voting therefor. No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2373 Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5778 House Bill No. 6269 The motion prevailed. The following bill was read a third time: House Bill No. 5778, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sec tions 2, 3, 14, and 22 (MCL 287.1102, 287.1103, 287.1114, and 287.1122), sec tion 2 as amended by 2016 PA 305 and sec tion 22 as amended by 2013 PA 8, and by adding sec tions 22a, 22b, and 22c. 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. 899 Yeas—24 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Meekhof Schmidt Casperson Horn Nofs Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Jones Pavlov Stamas Green Knollenberg Proos Zorn Nays—14 Ananich Hertel Knezek Rocca Bieda Hollier Kowall Warren Conyers Hood Marleau Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: President The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title. Protest Senator Bieda, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5778 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. 2374 JOURNAL OF THE SENATE [December 19, 2018] [No. 81 Senator Bieda’s statement is as follows: I’m rising to offer my “no” vote explanation for House Bill No. 5778. You know, when I woke up yesterday morning, the last thing I thought I’d be dealing with at nearly 1 o’clock in the morning on Wednesday was the regulation of frisky cougars. Legislation like this reminds me of the frustration our constituents have with governmental bureaucracy. Rather than simply fixing a typo in the current law, proponents of this legislation have taken it upon themselves to rewrite the intent of that law. Let me remind my colleagues that we already have a tough-enough time ensuring proper breeding practices with cats and dogs. We have owners who lose their pets when they get loose from their cage or wrangle free from their collars. Large carnivores are no different and, if anything, they are worse because they are exotic and not domestic animals. And now, some in this chamber want to let almost anyone who can meet some very minimal, arbitrary requirements breed some of the most dangerous animals in the world and not for conservation purposes either. Meanwhile, three of the state’s five zoos accredited by the Association of Zoos and Aquariums have already stated that they are against this legislation. These are top-notch zoos and are known across the world for their work in animal conservation. We should listen to the professional zoologists who have warned that this legislation has the potential to create dangerous situations. For example, if a breeder accidentally left when the cage is open, he could easily end up with a Jumanji-like situation with animals running around neighborhoods and our schools. In fact, that was a tragic case in Ohio in 2011 where 56 large exotic carnivores escaped from a private zoo, terrorizing a town for days, until 49 were killed and the rest were captured. Our accredited Michigan zoos already responsibly care for and conserve our endangered species. So, before you vote remember the famous quote from The Wizard of Oz: “Lions and tigers and bears. Oh my.” Let’s be cautious on this. I ask my colleagues to leave the management of these magnificent animals to the expert zoologists and I urge you to vote “no” on this bill. The following bill was read a third time: House Bill No. 6269, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec tions 11502, 11503, 11504, 11505, 11509, 11510, 11512, 11513, 11515, 11516, 11518, 11523, 11523a, 11523b, 11525, 11525a, 11525b, 11528, 11538, 11539, 11542, and 11550 (MCL 324.11502, 324.11503, 324.11504, 324.11505, 324.11509, 324.11510, 324.11512, 324.11513, 324.11515, 324.11516, 324.11518, 324.11523, 324.11523a, 324.11523b, 324.11525, 324.11525a, 324.11525b, 324.11528, 324.11538, 324.11539, 324.11542, and 324.11550), sec tions 11502, 11503, 11504, 11505, and 11542 as amended by 2014 PA 178, sec tions 11509, 11512, and 11516 as amended by 2004 PA 325, sec tion 11510 as amended by 1998 PA 397, sec tions 11523, 11523a, 11525, and 11525b as amended by 2013 PA 250, sec tion 11523b as added by 1996 PA 359, sec tion 11525a as amended by 2015 PA 82, sec tion 11538 as amended by 2004 PA 44, and sec- tion 11550 as amended by 2003 PA 153, and by adding sec tions 11511a, 11512a, 11519a, 11519b, and 11519c. 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. 900 Yeas—38 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hollier Marleau Schuitmaker Casperson Hood Meekhof Shirkey Colbeck Hopgood Nofs Stamas Conyers Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek Nays—0 Excused—0 No. 81] [December 19, 2018] JOURNAL OF THE SENATE 2375 Not Voting—0 In The Chair: President The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor.
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