Journal of the Senate 98Th Legislature REGULAR SESSION of 2015
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No. 84 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, September 24, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Pavlov—present Bieda—present Horn—present Proos—excused Booher—present Hune—present Robertson—present Brandenburg—present Johnson—present Rocca—present Casperson—present Jones—present Schmidt—present Colbeck—present Knezek—present Schuitmaker—present Emmons—present Knollenberg—present Shirkey—present Green—present Kowall—present Smith—present Gregory—present MacGregor—present Stamas—present Hansen—present Marleau—present Warren—present Hertel—present Meekhof—present Young—present Hildenbrand—present Nofs—present Zorn—present Hood—present O’Brien—present 1498 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 Pipe Carrier Dwight “Bucko” Teeple of Bay Mills Indian Community of Brimley offered the following invocation: We pray and give thanks with our pipe and our tobacco. We pray to the east, the eastern grandfather, the eastern wind, and the eastern thunder, and we ask blessings on this house. We ask for blessings for everyone who attends here today. We pray and give thanks to the south, the southern wind, and the southern thunder and ask for blessings. We pray and give thanks with our tobacco to the western wind and thunder and ask for blessings. We pray and give thanks to the northern grandfather and ask for blessings. We offer tobacco to the earth, that direction beneath us, that provides for us our food, clothing, shelter, and medicines. We ask her to give us sustenance this day. We offer the tobacco to that direction above where we look with knowledge to the Creator, the Great Spirit, God, Dijando— however you acknowledge that great mystery. We ask with our tobacco that you would open up our minds and hearts so that we might walk together into the future in a good way. These are the things that we pray for this day with our pipe and tobacco. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hopgood and Nofs entered the Senate Chamber. Senator Kowall moved that Senators Brandenburg and Casperson be temporarily excused from today’s session. The motion prevailed. Senator Kowall moved that Senator Proos be excused from today’s session. The motion prevailed. Senator Hood moved that Senators Young and Johnson be temporarily excused from today’s session. The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Jones and Colbeck admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senators Young and Casperson entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing September 16, 2015 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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-052-CO (Secretary of State Filing #15-09-06) on this date at 3:31 p.m. for the Department of Corrections, entitled “General Rules.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 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. September 16, 2015 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 Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-045-HS (Secretary of State Filing #15-09-05) on this date at 3:31 p.m. for the Department of Health and Human Services, entitled “Child Placing Agencies.” No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1499 These rules become effective 7 days after filing with the Secretary of State under MCL 24.244(1) of 1969 PA 306. 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 following communication was received: Office of the Senate Minority Leader September 17, 2015 Please add me as a co-sponsor to SB 324 and SB 325. Sincerely, Jim Ananich 27th District Senate Minority Leader The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 17: House Bill Nos. 4604 4790 The Secretary announced that the following bills were printed and filed on Thursday, September 17, and are available at the Michigan Legislature website: Senate Bill Nos. 491 492 493 494 495 496 497 498 499 500 House Bill Nos. 4865 4866 4867 4868 4869 4870 4871 4872 4873 4874 The Secretary announced that the following bills were printed and filed on Friday, September 18, and are available at the Michigan Legislature website: Senate Bill Nos. 501 502 House Bill Nos. 4875 4876 4877 4878 4879 4880 4881 4882 4883 4884 4885 The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, September 23, and are available at the Michigan Legislature website: House Bill Nos. 4886 4887 4888 4889 4890 4891 4892 4893 4894 4895 4896 4897 4898 4899 4900 4901 4902 4903 4904 4905 House Joint Resolution DD Senator Kowall moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. Recess Senator Kowall moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:12 a.m. 10:21 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Kowall introduced winners of the Fifth Third Bank LLC Michigan State Fair Urban and Rural Agricultural Scholarship and Blair Bowman, owner of Suburban Collection Showplace; and honored the scholarship recipients. Mr. Bowman responded briefly. 1500 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4521 House Bill No. 4527 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following resolutions, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 59 Senate Resolution No. 87 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received and read: September 22, 2015 I respectfully submit to the Senate the following appointments to office: Education Commission of the States Karen McPhee of 202 W. Main Street, Unit #202, Lowell, Michigan 49331, county of Kent, succeeding Gregory Tedder, is appointed for a term expiring at the pleasure of the Governor. Brian J. Whiston of 2364 Fieldstone Drive #27, Okemos, Michigan 48864, county of Ingham, succeeding Michael Flanagan, is appointed for a term expiring at the pleasure of the Governor. Eileen L. Weiser of 855 Colliston Road, Ann Arbor, Michigan 48105, county of Washtenaw, serving as the Governor’s proxy, is appointed for a term expiring at the pleasure of the Governor. September 22, 2015 I respectfully submit to the Senate the following appointments to office: Midwestern Higher Education Commission Karen McPhee of 202 W. Main Street, Unit #202, Lowell, Michigan 49331, county of Kent, succeeding Eileen Weiser, is appointed for a term expiring at the pleasure of the Governor. Brian J. Whiston of 2364 Fieldstone Drive #27, Okemos, Michigan 48864, county of Ingham, succeeding Michael Flanagan, is appointed to serve as an ex-officio at the pleasure of the Governor. Steven C. Ender of 232 Hollister Avenue, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding Conway Jeffress, is appointed for a term expiring March 8, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 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 Gregory as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4168, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461. Senate Bill No. 340, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended by 2006 PA 236. The bills were placed on the order of Third Reading of Bills. No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1501 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No.