No. 42
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2014
Senate Chamber, Lansing, Thursday, May 8, 2014.
12:00 noon.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present Pappageorge—present
Anderson—present Hopgood—present Pavlov—present
Bieda—present Hune—present Proos—present
Booher—present Hunter—present Richardville—present
Brandenburg—present Jansen—present Robertson—present
Casperson—present Johnson—present Rocca—present
Caswell—present Jones—present Schuitmaker—present
Colbeck—present Kahn—present Smith—present
Emmons—present Kowall—present Walker—present
Green—present Marleau—present Warren—present
Gregory—present Meekhof—present Whitmer—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Senator Glenn S. Anderson of the 6th District offered the following invocation:
Lord, join us today and guide our thoughts and actions as we make decisions that impact many more than our own lives and much more than our own plans. Help us to keep in mind those who do not have a voice—the sick, the poor, the very young, and the very old—so that we may be their voice.
Help us to honor those in uniform who have made far greater sacrifices than we and the families of those in uniform who have made sacrifices for our country and our state.
Help us to be mindful of the good that we are capable of so that we do not miss a chance to do the most good. Help us to make the right choices with what brief time we have.
I pray in Your name. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Smith, Richardville and Nofs entered the Senate Chamber.
Senator Hunter moved that Senators Whitmer and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Whitmer entered the Senate Chamber.
Senator Meekhof moved that Senators Colbeck, Pappageorge, Kahn and Caswell be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 893
Senate Bill No. 913
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Johnson admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, May 7:
House Bill No. 5313
The Secretary announced that the following bills were printed and filed on Wednesday, May 7, and are available at the Michigan Legislature website:
Senate Bill Nos. 926 927 928 929 930 931 932
House Bill Nos. 5517 5518 5519 5520 5521 5522 5523 5524 5525 5526 5527 5528 5529 5530
5531 5532 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544
5545 5546 5547 5548 5549 5550 5551
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 12:06 p.m.
1:05 p.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Young, Caswell, Pappageorge, Colbeck and Kahn entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Meekhof 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 Hansen 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:
Senate Bill No. 765, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 20, line 18, by striking out all of section 601.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof 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 at the head of the Third Reading of Bills calendar:
Senate Bill No. 765
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 765, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof 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 Hansen 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:
Senate Bill No. 769, entitled
A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 3, line 1, by striking out “6,805,100” and inserting “6,805,000”.
2. Amend page 3, line 10, by striking out “100,827,200” and inserting “100,827,100”.
3. Amend page 3, line 14, by striking out “92,604,600” and inserting “92,604,500”.
4. Amend page 3, line 24, by striking out “28,849,800” and inserting “28,849,700”.
5. Amend page 14, following line 1, by inserting:
“Center for hope...................................................................................................................... $ 100”.
6. Amend page 14, line 5, by striking out “6,100,000” and inserting “6,100,100”.
7. Amend page 14, line 10, by striking out “4,100,000” and inserting “4,100,100” and adjusting the subtotals, totals, and section 201 accordingly.
8. Amend page 81, following line 14, by inserting:
“ONE-TIME BASIS ONLY APPROPRIATIONS
Sec. 1201. If additional funds become available in part 1 for the center for hope, the funds shall be used to restore and renovate the building where the center for hope is located and other necessary expenses. The funds shall contribute to the restoring hope campaign for the purpose described in this section.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof 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 at the head of the Third Reading of Bills calendar:
Senate Bill No. 769
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 769, entitled
A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Gregory offered the following amendments:
1. Amend page 10, line 2, by striking out “5,385.0” and inserting “5,497.5”.
2. Amend page 10, line 2, by striking out “$288,754,600” and inserting “$295,504,600”.
3. Amend page 10, line 18, by striking out “62,583,700” and inserting “63,981,000”.
4. Amend page 10, line 19, by striking out “142,860,500” and inserting “145,391,700”.
5. Amend page 10, line 24, by striking out “138,538,600” and inserting “141,360,100”.
6. Amend page 11, line 20, by striking out “426,194,500” and inserting “431,257,000”.
7. Amend page 12, line 2, by striking out “112,341,900” and inserting “113,389,800”.
8. Amend page 12, line 3, by striking out “198,579,900” and inserting “200,478,400”.
9. Amend page 12, line 5, by striking out “175,101,800” and inserting “177,217,900”.
10. Amend page 13, line 13, by striking out “48,101,553” and inserting “48,506,600”.
11. Amend page 13, line 24, by striking out “16,211,600” and inserting “16,295,400”.
12. Amend page 13, line 25, by striking out “91,476,500” and inserting “91,628,400”.
13. Amend page 13, line 27, by striking out “51,480,800” and inserting “51,650,100” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 226 Yeas—12
Ananich Gregory Hunter Warren
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Nays—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Excused—0
Not Voting—0
In The Chair: President
Senator Gregory offered the following amendment:
1. Amend page 67, line 4, after “group” by striking out the balance of the section and inserting a period.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 227 Yeas—12
Ananich Gregory Hunter Warren
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Nays—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Excused—0
Not Voting—0
In The Chair: President
Senator Gregory offered the following amendment:
1. Amend page 20, following line 26, by inserting:
“Sec. 223. Prior to entering into a private contract for public services, the department shall produce a thorough analysis of the possible impacts of the private contract. The analysis shall include, but is not limited to, the following:
(a) Possible loss of employment or income in a local area and statewide.
(b) The impacts on social services in the local area and statewide and the cost to the state associated with such impact.
(c) The impacts on public assistance programs and the cost to the state associated with such impact.
(d) The economic impact on local and state businesses.
(e) Any possible loss or increase in tax revenue for a local area or the state.
(f) Any environmental impacts that may result from the private contract, including any upgrades or possible degradation. This report shall be made public on the department’s website.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 228 Yeas—12
Ananich Gregory Hunter Warren
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Nays—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Excused—0
Not Voting—0
In The Chair: President
Senator Gregory offered the following amendments:
1. Amend page 69, line 18, after “denied” by inserting “and the reason for denial”.
2. Amend page 69, line 21, after “closed” by inserting “and the reasons for case closure”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 229 Yeas—13
Ananich Hood Johnson Warren
Anderson Hopgood Rocca Whitmer
Bieda Hunter Smith Young
Gregory
Nays—25
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Jansen Moolenaar Robertson
Colbeck Jones Nofs Schuitmaker
Emmons Kahn Pappageorge Walker
Green
Excused—0
Not Voting—0
In The Chair: President
Senator Gregory offered the following amendment:
1. Amend page 20, following line 26, by inserting:
“Sec. 224. Any private entity that has a contract with the department or any of its agencies can have no adjudicated record of substantial or repeated willful noncompliance with any relevant federal, state, or local statute or regulation, including payment of taxes or other payments owed to a public entity. Prior to awarding a contract, bidders shall submit documentation to the department, signed by the bidder under penalty of perjury, attesting to compliance with all applicable local, state, and federal laws, including health and safety, labor and employment, and licensing laws, that affect the employees, worksite, or performance of the contract. All bidders and contractors shall complete a pledge of compliance provided by the department attesting under penalty of perjury to comply with all applicable laws, regulations, and statutes.”.
The President pro tempore, Senator Schuitmaker, assumed the Chair.
The question being on the adoption of the amendment,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was adopted, a majority of the members serving voting therefor, as follows:
Roll Call No. 230 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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. 231 Yeas—25
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Jansen Moolenaar Robertson
Caswell Jones Nofs Rocca
Colbeck Kahn Pappageorge Schuitmaker
Emmons Kowall Pavlov Walker
Green
Nays—13
Ananich Hood Hunter Warren
Anderson Hopgood Johnson Whitmer
Bieda Hune Smith Young
Gregory
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Protest
Senator Gregory, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 769 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Gregory’s statement is as follows:
To my colleague and the chair of the committee, I want to say that he’s done a good job and has worked very hard on this budget. There are a lot of good things in this budget. I would also say that I do appreciate my colleagues’ support of the last amendment. It’s a commonsense amendment, and I do appreciate that.
However, I do rise in opposition to the Department of Human Services budget before us today, because the budget is still laying off DHS workers who support Michigan’s public assistance programs. It is cutting the children’s clothing allowance for all school-age children in the Family Independence Program that used to provide these low-income kids with school clothes.
This budget is also lacking important protocols to make sure state money is being spent wisely, questionable private contractors aren’t being used, and the impact of changes to state assistance programs is being properly reviewed and analyzed.
Many people in Michigan are still struggling and rely on support from the Department of Human Services to get by. This is especially true for our kids who, through no fault of their own, are struggling to get enough to eat and have decent clothes to wear. I will continue to stand up for our low-income kids and families in this and every budget until our state’s funding priorities properly match up with the needs of the people. Since this budget still does not sufficiently do that, I will be voting “no,” and I urge all of you to do the same.
Senator Gregory asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Gregory’s first statement is as follows:
My amendment before this body would restore the 112 non-child welfare full-time employees cut in the Department of Human Services budget, along with $12 million to fund them. There’s no disputing that caseloads are falling in Michigan, though one can argue whether this is a positive development for the state when so much of a reduction is the result of stricter sanctions and more rigid enforcement of lifetime limits.
The reduction in DHS cases is not due to a reduction in need or any programmatic improvements. I am told that currently there is a 680:1 case-to-staff ratio when it comes to food assistance, cash assistance, and other public assistance. The budget before us would increase the ratio to 700:1. We should be looking to reduce those ratios, as my amendment would. We should not be increasing these ratios, as this budget does.
Even with an overall reduction in caseloads, eliminating 112 caseworkers is a substantial burden to place on the department, and I encourage your support of this amendment to restore those FTEs.
Senator Gregory’s second statement is as follows:
This amendment would restore the children’s clothing allowance for all school-aged children in the Family Independence Program. This program was established to ensure that low-income school-aged children have the chance to start the school year with a decent set of clothes, and it benefits some of the poorest children in our state. However, a few years ago, this program was revised to limit eligibility to only those children in what is called child-only cases. That is, they are not living with a parent, but rather grandparents or, more likely, in foster care.
The money is there. It’s just a matter of priorities. Michigan’s kids are positively affected by the clothing allowance and are going to be hurt by its reduction in the Department of Human Services budget before us. I ask you now to think of the children, and vote in favor of the amendment.
Senator Gregory’s third statement is as follows:
This amendment seeks to ensure that the Department of Human Services has all the facts about outsourcing before it decides to get into a contract with a private vendor. It would require all of the factors about how outsourcing impacts the community and not just one bottom-line dollar figure.
This amendment would simply make sure that we do our due diligence and know all the facts before moving to outsourcing services. I urge my colleagues’ support of this amendment.
Senator Gregory’s fourth statement is as follows:
This amendment would add boilerplate language on reporting requirements for the Family Independence Program, the food assistance program and other important state assistance programs. The Department of Human Services caseloads are significantly decreasing, but there is currently no data as to why. This amendment would require DHS to include reasons for case closure in assistance cases and reporting requirements. It would also be valuable for the department and the state as a whole to note if the decreasing caseloads are due to decreased needs for residents or just due to decreased support by the state.
This needs to be examined to be able to correctly identify why so many people are losing benefits and determine whether this is a good or a bad thing. I hope you will support this amendment.
Senator Gregory’s fifth statement is as follows:
Colleagues, I rise once again to ask for your support for another amendment to the Department of Human Services budget. It ensures that the state will only contract with good companies with good track records. It requires the department to ensure that its contractors do not have a substantial or repeated record of noncompliance with relative laws. It also specifically notes that contractors cannot be delinquent in their tax obligations to the state. We should not be spending tax dollars on risky contractors.
The Legislature should also be fiscally responsible in not giving any state money to companies that owe back taxes or other money to the state. Finally, if we are going to entrust our veterans, our prisoners, our kids, and our families to private companies, we should include a failsafe to make sure they are not harming or mistreating the citizens they are hired to serve.
I ask for your support of this amendment.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof 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 Hansen 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 with a substitute therefor, the following bill:
Senate Bill No. 767, entitled
A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2015; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 33, line 15, by striking out “6,838,000” and inserting “7,298,400”.
2. Amend page 33, line 16, by striking out “8,168,800” and inserting “10,668,800”.
3. Amend page 33, line 21, by striking out “2,450,300” and inserting “2,527,900”.
4. Amend page 33, line 22, by striking out “1,505,700” and inserting “1,735,500”.
5. Amend page 33, line 23, by striking out “204,300” and inserting “219,100”.
6. Amend page 33, line 24, by striking out “14,031,100” and inserting “16,669,300” and adjusting the subtotals, totals, and section 201 accordingly.
7. Amend page 61, following line 21, by inserting:
“Sec. 618. It is the intent of the legislature that all administrative functions and associated funding for the Michigan legislative retirement system shall be transferred from the legislative council to the department of technology, management, and budget before the end of the 2014-2015 fiscal year.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof 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 at the head of the Third Reading of Bills calendar:
Senate Bill No. 767
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 767, entitled
A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2015; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.
The question being on the passage of the bill,
Senator Johnson offered the following amendment:
1. Amend page 55, following line 17, by inserting:
“Sec. 313. Funds appropriated under this part or part 1 shall not be used to appeal or pursue continued litigation in the case of April Deboer, et al. v Richard Snyder, et al., United States District Court for the Eastern District of Michigan (Docket No. 12-CV-10285), United States Court of Appeals for the Sixth Circuit (Case No. 14-1341). This prohibition includes, but is not limited to, the use of state resources to appeal or otherwise contest the March 21, 2014 ruling of the United States District Court for the Eastern District of Michigan, or any other ruling against the state, in Deboer v Snyder. For purposes of this section, litigation does not include the use of state resources to withdraw and dismiss the appeal or consent to the March 21, 2014 ruling of the United States District Court for the Eastern District of Michigan.”.
The question being on the adoption of the amendment,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 232 Yeas—12
Ananich Gregory Johnson Warren
Anderson Hood Rocca Whitmer
Bieda Hopgood Smith Young
Nays—26
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Hunter Moolenaar Robertson
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Green Kahn
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Johnson offered the following amendments:
1. Amend page 7, line 19, by striking out “14,016,800” and inserting “14,216,800”.
2. Amend page 8, line 11, by striking out “12,712,500” and inserting “12,912,500” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were adopted, a majority of the members serving voting therefor.
Senator Johnson offered the following amendments:
1. Amend page 34, line 4, by striking out “107,000,000” and inserting “128,500,000”.
2. Amend page 35, line 27, by striking out “217,942,500” and inserting “239,442,500” and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 233 Yeas—12
Ananich Gregory Hunter Warren
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Nays—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Johnson offered the following amendments:
1. Amend page 31, line 2, by striking out “4,500,000” and inserting “6,500,000”.
2. Amend page 31, line 18, by striking out “7,434,500” and inserting “9,434,500” and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 234 Yeas—13
Ananich Hood Johnson Warren
Anderson Hopgood Marleau Whitmer
Bieda Hunter Smith Young
Gregory
Nays—25
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Young offered the following amendment:
1. Amend page 2, line 26, by striking out all of section 102 and inserting:
“Sec. 102. DEPARTMENT OF ATTORNEY GENERAL
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions..............................................................................6.0
Full-time equated classified positions..............................................................................513.5
GROSS APPROPRIATION.......................................................................................................... $ 89,521,200
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 27,188,500
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 62,332,700
Federal revenues:
Total federal revenues................................................................................................................... 9,838,200
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 0
Total other state restricted revenues............................................................................................. 17,586,900
State general fund/general purpose.............................................................................................. $ 34,907,600
State general fund/general purpose schedule:
Ongoing state general fund/general purpose...........................................................34,907,600
One-time state general fund/general purpose..........................................................................0
(2) ATTORNEY GENERAL OPERATIONS
Full-time equated unclassified positions..............................................................................6.0
Full-time equated classified positions..............................................................................513.5
Attorney general........................................................................................................................... $ 112,500
Unclassified positions—5.0 FTE positions.................................................................................. 724,700
Attorney general operations—475.5 FTE positions..................................................................... 80,815,700
Child support enforcement—25.0 FTE positions......................................................................... 3,434,200
Prosecuting attorneys coordinating council—12.0 FTE positions............................................... 2,074,300
Public safety initiative—1.0 FTE position................................................................................... 902,800
GROSS APPROPRIATION.......................................................................................................... $ 88,064,200
Appropriated from:
Interdepartmental grant revenues:
IDG from MDCH, health policy.................................................................................................. 196,800
IDG from MDCH, medical services administration..................................................................... 506,500
IDG from MDCH, WIC............................................................................................................... 91,800
IDG from department of corrections............................................................................................ 629,100
IDG from MDE............................................................................................................................ 377,800
IDG from MDEQ......................................................................................................................... 2,174,000
IDG from MDHS.......................................................................................................................... 5,649,600
IDG from MSF, workforce development agency......................................................................... 85,400
IDG from MDLARA, children’s protection registry.................................................................... 44,300
IDG from MDLARA, financial and insurance regulation............................................................ 1,377,000
IDG from MDLARA, fireworks safety fund................................................................................ 79,000
IDG from MDLARA, health professions..................................................................................... 2,892,500
IDG from MDLARA, licensing and regulation fees.................................................................... 235,900
IDG from MDLARA, Michigan occupational safety and health administration......................... 106,000
IDG from MDLARA, remonumentation fees............................................................................... 101,200
IDG from MDLARA, unlicensed builders................................................................................... 176,000
IDG from MDTMB...................................................................................................................... 247,900
IDG from MDTMB, civil service commission............................................................................ 300,600
IDG from MDTMB, risk management revolving fund................................................................ 1,442,900
IDG from MDMVA...................................................................................................................... 156,800
IDG from MDOT, comprehensive transportation fund................................................................ 200,900
IDG from MDOT, state aeronautics fund..................................................................................... 174,400
IDG from MDOT, state trunkline fund........................................................................................ 2,387,000
IDG from MDSP, Michigan justice training fund........................................................................ 157,100
IDG from MDSP.......................................................................................................................... 352,700
IDG from Michigan state housing development authority........................................................... 644,200
IDG from treasury........................................................................................................................ 6,230,900
IDG from treasury, strategic fund................................................................................................ 170,200
Federal revenues:
DAG, state administrative match grant/food stamps.................................................................... 434,500
Federal funds................................................................................................................................ 3,021,100
HHS, medical assistance, medigrant............................................................................................ 678,200
HHS-OS, state Medicaid fraud control units............................................................................... 5,590,000
National criminal history improvement program......................................................................... 114,400
Special revenue funds:
Antitrust enforcement collections................................................................................................. 726,100
Attorney general’s operations fund.............................................................................................. 1,175,400
Auto repair facilities fees............................................................................................................. 311,800
Franchise fees............................................................................................................................... 375,900
Game and fish protection fund..................................................................................................... 838,000
Liquor purchase revolving fund................................................................................................... 1,390,100
Manufactured housing fees........................................................................................................... 246,200
Merit award trust fund.................................................................................................................. 487,300
Michigan employment security act - administrative fund............................................................ 2,134,600
Prisoner reimbursement................................................................................................................ 614,400
Prosecuting attorneys training fees............................................................................................... 405,300
Public utility assessments............................................................................................................. 2,141,300
Real estate enforcement fund....................................................................................................... 499,000
Reinstatement fees........................................................................................................................ 208,800
Retirement funds.......................................................................................................................... 992,600
Second injury fund....................................................................................................................... 807,500
Self-insurers security fund............................................................................................................ 561,400
Silicosis and dust disease fund..................................................................................................... 221,700
State building authority revenue................................................................................................... 115,100
State casino gaming fund............................................................................................................. 1,776,600
State lottery fund.......................................................................................................................... 328,700
Utility consumers fund................................................................................................................. 743,900
Waterways fund............................................................................................................................ 133,200
Worker’s compensation administrative revolving fund................................................................ 352,000
State general fund/general purpose.............................................................................................. $ 33,450,600
(3) INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 1,457,000
GROSS APPROPRIATION.......................................................................................................... $ 1,457,000
Appropriated from:
State general fund/general purpose.............................................................................................. $ 1,457,000”
and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendment,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 235 Yeas—11
Ananich Gregory Johnson Whitmer
Anderson Hood Smith Young
Bieda Hopgood Warren
Nays—27
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Caswell Hunter Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Green Kahn Pavlov
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Bieda offered the following amendment:
1. Amend page 13, line 24, by striking out all of section 106 and inserting:
“Sec. 106. DEPARTMENT OF STATE
(1) APPROPRIATION SUMMARY
Full-time equated unclassified positions..............................................................................6.0
Full-time equated classified positions...........................................................................1,593.0
GROSS APPROPRIATION.......................................................................................................... $ 220,921,500
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 19,608,300
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 201,313,200
Federal revenues:
Total federal revenues................................................................................................................... 1,460,000
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 100
Total other state restricted revenues............................................................................................. 182,112,700
State general fund/general purpose.............................................................................................. $ 17,740,400
State general fund/general purpose schedule:
Ongoing state general fund/general purpose...........................................................17,740,400
One-time state general fund/general purpose..........................................................................0
(2) EXECUTIVE DIRECTION
Full-time equated unclassified positions..............................................................................6.0
Full-time equated classified positions................................................................................30.0
Secretary of state.......................................................................................................................... $ 112,500
Unclassified positions—5.0 FTE positions.................................................................................. 724,700
Operations—30.0 FTE positions.................................................................................................. 4,081,000
GROSS APPROPRIATION.......................................................................................................... $ 4,918,200
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................................................................................................. 69,200
Driver fees.................................................................................................................................... 277,900
Enhanced driver license and enhanced official state personal identification card fund............... 31,100
Expedient service fees.................................................................................................................. 66,800
Parking ticket court fines.............................................................................................................. 9,300
Personal identification card fees.................................................................................................. 32,300
Reinstatement fees - operator licenses......................................................................................... 250,700
Transportation administration collection fund.............................................................................. 2,506,500
Vehicle theft prevention fees........................................................................................................ 40,700
State general fund/general purpose.............................................................................................. $ 1,633,700
(3) DEPARTMENT SERVICES
Full-time equated classified positions..............................................................................161.0
Operations—161.0 FTE positions................................................................................................ $ 30,160,500
GROSS APPROPRIATION.......................................................................................................... $ 30,160,500
Appropriated from:
Special revenue funds:
Abandoned vehicle fees................................................................................................................ 481,900
Auto repair facilities fees............................................................................................................. 1,608,700
Driver fees.................................................................................................................................... 1,578,700
Driver improvement course fund.................................................................................................. 309,200
Enhanced driver license and enhanced official state personal identification card fund............... 135,200
Expedient service fees.................................................................................................................. 274,100
Marine safety fund....................................................................................................................... 83,100
Personal identification card fees.................................................................................................. 188,800
Reinstatement fees - operator licenses......................................................................................... 1,290,000
Scrap tire fund.............................................................................................................................. 76,200
Transportation administration collection fund.............................................................................. 22,225,900
Vehicle theft prevention fees........................................................................................................ 629,900
State general fund/general purpose.............................................................................................. $ 1,278,800
(4) LEGAL SERVICES
Full-time equated classified positions................................................................................33.0
Operations—33.0 FTE positions.................................................................................................. $ 7,042,000
GROSS APPROPRIATION.......................................................................................................... $ 7,042,000
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................................................................................................. 1,449,100
Driver education provider and instructor fund............................................................................. 25,500
Driver fees.................................................................................................................................... 934,900
Enhanced driver license and enhanced official state personal identification card fund............... 16,400
Personal identification card fees.................................................................................................. 60,200
Reinstatement fees - operator licenses......................................................................................... 716,300
Transportation administration collection fund.............................................................................. 3,362,300
Vehicle theft prevention fees........................................................................................................ 465,300
State general fund/general purpose.............................................................................................. $ 12,000
(5) CUSTOMER DELIVERY SERVICES
Full-time equated classified positions...........................................................................1,324.0
Branch operations—933.5 FTE positions..................................................................................... $ 82,900,400
Central operations—371.5 FTE positions.................................................................................... 47,013,700
Commemorative license plates—14.0 FTE positions................................................................... 1,897,300
Motorcycle safety education administration—2.0 FTE positions................................................ 324,900
Motorcycle safety education grants.............................................................................................. 1,800,000
Credit and debit assessment service fees..................................................................................... 5,000,000
Specialty license plates—3.0 FTE positions................................................................................ 750,000
Organ donor program................................................................................................................... 129,100
GROSS APPROPRIATION.......................................................................................................... $ 139,815,400
Appropriated from:
Interdepartmental grant revenues:
IDG from MDOT, Michigan transportation fund......................................................................... 19,608,300
Federal revenues:
Federal funds................................................................................................................................ 1,460,000
Special revenue funds:
Private funds................................................................................................................................. 100
Abandoned vehicle fees................................................................................................................ 204,800
Auto repair facilities fees............................................................................................................. 1,734,600
Child support clearance fees........................................................................................................ 364,100
Credit and debit assessment service fees..................................................................................... 5,000,000
Driver education provider and instructor fund............................................................................. 49,600
Driver fees.................................................................................................................................... 25,852,100
Driver improvement course fund.................................................................................................. 1,248,400
Enhanced driver license and enhanced official state personal identification card fund............... 5,814,200
Expedient service fees.................................................................................................................. 2,608,200
Marine safety fund....................................................................................................................... 1,394,600
Michigan state police auto theft fund........................................................................................... 123,700
Mobile home commission fees..................................................................................................... 508,200
Motorcycle safety fund................................................................................................................. 1,824,900
Off-road vehicle title fees............................................................................................................. 164,300
Parking ticket court fines.............................................................................................................. 1,632,600
Personal identification card fees.................................................................................................. 2,236,800
Recreation passport fee................................................................................................................ 1,000,000
Reinstatement fees - operator licenses......................................................................................... 2,362,100
Snowmobile registration fee revenue........................................................................................... 390,600
Thomas Daley gift of life fund.................................................................................................... 50,000
Transportation administration collection fund.............................................................................. 59,534,900
Vehicle theft prevention fees........................................................................................................ 743,600
State general fund/general purpose.............................................................................................. $ 3,904,700
(6) ELECTION REGULATION
Full-time equated classified positions................................................................................45.0
Election administration and services—45.0 FTE positions.......................................................... $ 7,000,400
County clerk education and training fund.................................................................................... 100,000
Fees to local units........................................................................................................................ 109,800
GROSS APPROPRIATION.......................................................................................................... $ 7,210,200
Appropriated from:
Federal revenues:
Special revenue funds:
Notary education and training fund.............................................................................................. 100,000
Notary fee fund............................................................................................................................ 344,100
State general fund/general purpose.............................................................................................. $ 6,766,100
(7) DEPARTMENTWIDE APPROPRIATIONS
Building occupancy charges/rent.................................................................................................. $ 9,540,700
Worker’s compensation................................................................................................................. 264,600
GROSS APPROPRIATION.......................................................................................................... $ 9,805,300
Appropriated from:
Special revenue funds:
Auto repair facilities fees............................................................................................................. 134,300
Driver fees.................................................................................................................................... 711,400
Enhanced driver license and enhanced official state personal identification card fund............... 26,200
Parking ticket court fines.............................................................................................................. 445,000
Transportation administration collection fund.............................................................................. 5,909,700
State general fund/general purpose.............................................................................................. $ 2,578,700
(8) INFORMATION TECHNOLOGY
Information technology services and projects.............................................................................. $ 21,969,900
GROSS APPROPRIATION.......................................................................................................... $ 21,969,900
Appropriated from:
Special revenue funds:
Administrative order processing fee............................................................................................. 11,700
Auto repair facilities fees............................................................................................................. 190,200
Driver fees.................................................................................................................................... 788,300
Enhanced driver license and enhanced official state personal identification card fund............... 269,800
Expedient service fees.................................................................................................................. 1,086,300
Parking ticket court fines.............................................................................................................. 87,600
Personal identification card fees.................................................................................................. 171,900
Reinstatement fees - operator licenses......................................................................................... 593,000
Transportation administration collection fund.............................................................................. 17,023,500
Vehicle theft prevention fees........................................................................................................ 181,200
State general fund/general purpose.............................................................................................. $ 1,566,400”
and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendment,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 236 Yeas—10
Ananich Hood Smith Whitmer
Bieda Hopgood Warren Young
Gregory Johnson
Nays—28
Anderson Green Kahn Pavlov
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Caswell Hunter Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Ananich offered the following amendments:
1. Amend page 32, following line 6, by inserting:
“Public safety grant to city of Flint........................................................................................ 5,000,000”.
2. Amend page 32, line 13, by striking out “19,320,000” and inserting “24,320,000” and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 124, following line 25, by inserting:
“Sec. 948. The funds appropriated in part 1 for a public safety grant to the city of Flint is appropriated for the purposes of providing public safety services such as fire and police protection for the city of Flint.”.
The question being on the adoption of the amendments,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 237 Yeas—13
Ananich Hood Johnson Warren
Anderson Hopgood Robertson Whitmer
Bieda Hunter Smith Young
Gregory
Nays—25
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Jansen Moolenaar Rocca
Colbeck Jones Nofs Schuitmaker
Emmons Kahn Pappageorge Walker
Green
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Whitmer offered the following amendments:
1. Amend page 4, following line 2, by inserting:
“Grants to prosecutors for the adjudication of casework related to rape kit backlogs........... 100”.
2. Amend page 6, line 13, by striking out “$34,010,100” and inserting “$34,010,200” and adjusting the subtotals, totals, and section 201 accordingly.
The amendments were adopted, a majority of the members serving voting therefor.
Senator Richardville requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were adopted, a majority of the members serving voting therefor, as follows:
Roll Call No. 238 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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. 239 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hunter Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Ananich Gregory Hune Warren
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Protest
Senator Young, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 767 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Young’s statement is as follows:
Madam President, I would like to start with a quote: “The government of Michigan is a device in maintaining the perpetuity of the rights of the people, which has the ultimate extinction of all privileged classes.” Madam President, I rise in opposition to the General Government budget before us. Simply put, this budget is a showcase of every backwards priority this administration supports. Once again, we have a budget before us that offers our cities and counties a fraction of the revenue sharing funding they need to provide basic services. Once again, we have a budget that supports the Attorney General’s political crusades instead of requiring that he use his office for the benefit of all Michiganders, not just the extremist elements of his party.
Colleagues, the budget before us does not back up this administration’s claim of reinventing Michigan. It will mutilate Michigan. The budget before us reflects the same priorities that pushed millions of families to the brink—balancing tax cuts for wealthy corporations by cutting communities and families to the bone; that there is an increase in community funding only during an election year. This is the worst type of politics, and changes nothing.
This budget and Clarence Thomas have one thing in common: They both sell out the people. Shameful. We cannot continue to disinvest in Michigan’s communities. We cannot continue to send the message to our LGBT residents that we support discrimination against them. We cannot pretend to be a state full of world-class cities when we are OK with our Attorney General trying to make so many of our friends and neighbors second-class citizens. We cannot pretend to be a state that prioritizes common sense over politics when a budget like this one before us shows that politics are the priority. We need to invest in our communities and work toward a Michigan that is open for everyone, not just big business.
Senators Johnson, Young, Bieda and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Johnson’s statement is as follows:
This amendment would restore the new civil rights targeted initiatives that the Governor had proposed to combat various civil rights violations against Michigan’s citizens. These initiatives include: anti-bullying initiatives, Advocates and Leaders for Police and Community Trust, and the Michigan Alliance Against Hate Crimes.
I think it’s important to remember that our budgets reflect what our true priorities really are, and cutting these programs by 40 percent does not demonstrate what they ought to be. We want Michigan to be a state where all people are treated equally under the law and do not have to live in fear of hate crimes or being harassed by bullies. Programs like this one that are being jeopardized by this budget are an important part of the work we need to do to make that vision a reality. I ask my colleagues for their support of this amendment.
Senator Young’s statement is as follows:
I rise in support of my amendment to the General Government budget that is before us. This amendment would remove the proposed funding increase for the Attorney General’s office. At a time when the Attorney General is continuing to pursue core battles that fly in the face of what’s good for the state and what’s even constitutional—what’s even legal—pursuing his own ideological desires that seek only to attack the rights of our own people, then it seems absolutely wrong for this body to condone those actions by increasing the funding that allows him to do that.
I ask my colleagues for their support.
Senator Bieda’s statement is as follows:
I rise in support of my amendment to the General Government budget before us. This amendment would remove part of the proposed increase for the Secretary of State’s office. The increase that it eliminates represents a 1.4 percent increase—or $3.2 million.
In the context of the entire state budget and, indeed, the budget for the Secretary of State’s office, it may not seem like much, but to paraphrase a quote popularly but incorrectly attributed to U.S. Senator Everett Dirksen, “A million here, a million there, and pretty soon we’re talking about real money.” I think if we’re really serious about cutting spending and controlling spending, we should look at these small increases across the board, and challenge those every budget cycle.
This is a modest budgetary freeze on spending, especially when we look at the challenges that local units of government, colleges and universities, and public education have been enduring for years. If you are in support of controlling government spending, I ask you to join me in reining in this budgetary increase, and I ask your support for the amendment.
Senator Ananich’s statement is as follows:
I first want to apologize for late notice for this amendment, but last week on Wednesday, the emergency manager in Flint presented his budget to the community, and there were major cuts to public safety. This budget will result in the potential layoff this July of 36 police officers and 19 firefighters in our community. Twenty years ago, our police department had 35 personnel. Ten years ago, our police department had 250 personnel.
Currently, we have 131 officers on the street, and with each proposed budget cut, it will take our police force to under 100 people. This is on top of the federal SAFER grants drying up this summer, costing us additional resources and causing major concern in our community. I believe we have worked hard to make significant progress in public safety, and I feel that cuts like these will take us a huge step backwards. The partnership of the Michigan State Police working together with the Flint Police Department resulted in an over 20 percent reduction in violent crimes last year, and I believe these cuts will move us backwards.
I’m offering this amendment in hope that we will provide an option to buy more time, but I also understand that we need to work together on additional short- and long-term solutions. Madam President, in order to make your day, I will end with a quote. In the immortal words of Rodney Dangerfield, “I came from a tough neighborhood. Once a guy pulled a knife on me. I knew he wasn’t a professional; the knife had butter on it.”
Let’s make sure that we send our men and women in blue and red out with the tools they need and the support they need. I ask for support of this amendment.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof 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 Hansen 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 with a substitute therefor, the following bill:
Senate Bill No. 775, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2013 PA 97 and section 17b as amended by 2007 PA 137.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 12, line 4, after “residence” by striking out the balance of the line through “DISTRICT” on line 6.
2. Amend page 30, line 26, after “EXCEED” by striking out “$35,000,000.00” and inserting “$32,433,000.00”.
3. Amend page 99, following line 19, by inserting:
“Sec. 25f. (1) From the state school aid fund money appropriated in section 11, there is allocated an amount not to exceed $2,000,000.00 for 2013-2014 2014-2015 for payments to strict discipline academies established under sections 1311b to 1311m of the revised school code, MCL 380.1311b to 380.1311m, as provided under this section.
(2) In order to receive funding under this section, a strict discipline academy shall first comply with section 25e and use the pupil transfer process under that section for changes in enrollment as prescribed under that section.
(3) Not later than June 30, 2014, 2015, a strict discipline academy shall report to the center and to the department, in a manner prescribed by the center and the department, the following information for 2013-2014: 2014-2015:
(a) The number of pupils enrolled and in attendance at the strict discipline academy.
(b) The number of days each pupil enrolled was in attendance at the strict discipline academy, not to exceed 180.
(4) The amount of the payment to a strict discipline academy under this section shall be an amount equal to the difference between the product of 1/180 of the per-pupil payment as calculated under section 20 for the strict discipline academy multiplied by the number of days of pupil attendance reported under subsection (3)(b) minus the product of the per-pupil payment as calculated under section 20 for the strict discipline academy multiplied by the pupils in membership at the strict discipline academy as calculated under section 6 and as adjusted by section 25e.
(5) If the funds allocated under this section are insufficient to fully fund the adjustments under subsection (4), payments to eligible strict discipline academies shall be prorated on an equal per-pupil basis.” and adjusting the totals in section 11 and enacting section 1 accordingly.
4. Amend page 127, line 20, after “EXCEED” by striking out “$3,300,000.00” and inserting “$10,000,000.00”.
5. Amend page 128, line 2, after “OR” by striking out “$50.00” and inserting “$150.00”.
6. Amend page 162, line 13, by striking out “$64,115,000.00” and inserting “$66,682,000.00”.
7. Amend page 162, line 16, after “$62,108,000.00” by striking out “$64,108,000.00” and inserting “$66,675,000.00”.
8. Amend page 162, line 22, after the first “to” by striking out “100.0%” and inserting “104.0%” and adjusting the totals in section 11 and enacting section 1 accordingly.
9. Amend page 212, line 1, by striking out “$0.00” and inserting “$26,694,400.00”.
10. Amend page 212, line 5, by striking out “$0.00” and inserting “$6,250,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.
11. Amend page 221, following line 16, by inserting:
“SEC. 104C. (1) IN ORDER TO RECEIVE STATE AID UNDER THIS ARTICLE, A DISTRICT SHALL ADMINISTER THE STATE ASSESSMENTS DESCRIBED IN THIS SECTION.
(2) FOR THE PURPOSES OF THIS SECTION, THE DEPARTMENT SHALL DEVELOP FOR USE IN THE SPRING OF 2014-2015 AND 2015-2016 NEW MICHIGAN EDUCATION ASSESSMENT PROGRAM (MEAP) ASSESSMENTS IN ENGLISH LANGUAGE ARTS AND MATHEMATICS. THESE ASSESSMENTS SHALL BE ALIGNED TO STATE STANDARDS.
(3) FOR THE PURPOSES OF THIS SECTION, THE DEPARTMENT SHALL IMPLEMENT BEGINNING IN THE 2016-2017 SCHOOL YEAR A SUMMATIVE ASSESSMENT SYSTEM FOR ADMINISTRATION TO PUPILS AS PROVIDED UNDER THIS SUBSECTION. THE SUMMATIVE ASSESSMENT SYSTEM SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS:
(A) THE SUMMATIVE ASSESSMENT SYSTEM SHALL MEASURE STUDENT PROFICIENCY ON THE CURRENT STATE STANDARDS, SHALL MEASURE STUDENT GROWTH FOR CONSECUTIVE GRADE LEVELS IN WHICH STUDENTS ARE ASSESSED IN THE SAME SUBJECT AREA IN BOTH GRADE LEVELS, AND SHALL BE CAPABLE OF MEASURING INDIVIDUAL STUDENT PERFORMANCE.
(B) THE SUMMATIVE ASSESSMENTS FOR ENGLISH LANGUAGE ARTS AND MATHEMATICS SHALL BE ADMINISTERED TO ALL PUBLIC SCHOOL PUPILS IN GRADES 3 TO 10, INCLUDING THOSE PUPILS AS REQUIRED BY THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT, PUBLIC LAW 108-446, AND BY TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT.
(C) THE SUMMATIVE ASSESSMENTS FOR SCIENCE SHALL BE ADMINISTERED TO ALL PUBLIC SCHOOL PUPILS IN GRADES 5 AND 8 ONLY, INCLUDING THOSE PUPILS AS REQUIRED BY THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT, PUBLIC LAW 108-446, AND BY TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT.
(D) THE SUMMATIVE ASSESSMENTS FOR SOCIAL STUDIES SHALL BE ADMINISTERED TO ALL PUBLIC SCHOOL PUPILS IN GRADES 6 AND 9 ONLY, INCLUDING THOSE PUPILS AS REQUIRED BY THE FEDERAL INDIVIDUALS WITH DISABILITIES EDUCATION ACT, PUBLIC LAW 108-446, AND BY TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT.
(E) THE CONTENT OF THE SUMMATIVE ASSESSMENTS SHALL BE ALIGNED TO STATE STANDARDS.
(F) THE CONTENT OF THE SUMMATIVE ASSESSMENTS SHALL BE SELECTED FROM A POOL OF QUESTIONS INDISTINGUISHABLY POPULATED WITH QUESTIONS FROM PREVIOUS YEARS AS WELL AS FROM THE CURRENT YEAR. THIS POOL OF QUESTIONS SHALL BE SUBJECT TO A TRANSPARENT REVIEW PROCESS FOR QUALITY, BIAS, AND SENSITIVE ISSUES INVOLVING PUBLIC REVIEW AND COMMENT. THE DEPARTMENT IS ENCOURAGED TO POST SAMPLE TESTS FEATURING QUESTIONS FROM THIS POOL FOR REVIEW BY THE PUBLIC.
(G) THE SUMMATIVE ASSESSMENT SYSTEM SHALL ENSURE THAT STUDENTS, PARENTS, AND TEACHERS ARE PROVIDED WITH REPORTS THAT CONVEY INDIVIDUAL STUDENT PROFICIENCY AND GROWTH ON THE ASSESSMENT AND THAT CONVEY INDIVIDUAL STUDENT PERFORMANCE ON INDIVIDUAL ASSESSMENT ITEMS AND INDIVIDUAL STUDENT PERFORMANCE IN MEETING STATE STANDARDS.
(H) THE SUMMATIVE ASSESSMENT SYSTEM SHALL ENSURE THAT STUDENTS, PARENTS, TEACHERS, ADMINISTRATORS, AND COMMUNITY MEMBERS ARE PROVIDED WITH REPORTS THAT CONVEY AGGREGATE STUDENT PROFICIENCY AND GROWTH DATA BY TEACHER, GRADE, SCHOOL, AND DISTRICT.
(I) THE SUMMATIVE ASSESSMENT SYSTEM SHALL ENSURE THE CAPABILITY OF REPORTING THE NECESSARY DATA TO SUPPORT EDUCATOR EVALUATIONS.
(J) THE SUMMATIVE ASSESSMENT SYSTEM SHALL ENSURE THAT THE REPORTS PROVIDED TO DISTRICTS CONTAINING INDIVIDUAL STUDENT DATA ARE AVAILABLE AS FOLLOWS:
(i) FOR COMPUTER-BASED ASSESSMENTS WITHOUT WRITTEN ANSWERS, WITHIN 1 WEEK AFTER COMPLETION OF THE ASSESSMENTS.
(ii) FOR PAPER AND PENCIL ASSESSMENTS WITHOUT WRITTEN ANSWERS, COMPUTER-BASED ASSESSMENTS WITH WRITTEN ANSWERS, AND PAPER AND PENCIL ASSESSMENTS WITH WRITTEN ANSWERS, WITHIN 3 WEEKS AFTER COMPLETION OF THE ASSESSMENTS.
(K) THE ASSESSMENTS SHALL BE CAPABLE OF BEING IMPLEMENTED STATEWIDE IN A FULLY OPERATIONAL MANNER NO LATER THAN THE 2016-2017 SCHOOL YEAR.
(l) THE SUMMATIVE ASSESSMENT SYSTEM SHALL ENSURE THAT ACCESS TO INDIVIDUALLY IDENTIFIABLE STUDENT DATA MEETS ALL OF THE FOLLOWING:
(i) IS IN COMPLIANCE WITH 20 USC 1232G, COMMONLY REFERRED TO AS THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974.
(ii) EXCEPT AS MAY BE PROVIDED FOR IN AN AGREEMENT WITH A VENDOR TO PROVIDE ASSESSMENT SERVICES, OR AS NECESSARY TO SUPPORT EDUCATOR EVALUATIONS PURSUANT TO SUBDIVISION (I), IS AVAILABLE ONLY TO THE STUDENT; TO THE STUDENT’S PARENT OR LEGAL GUARDIAN; AND TO A SCHOOL ADMINISTRATOR OR TEACHER, TO THE EXTENT THAT HE OR SHE HAS A LEGITIMATE EDUCATIONAL INTEREST.
(M) THE SUMMATIVE ASSESSMENT SYSTEM SHALL ENSURE THAT THE ASSESSMENTS ARE PILOT TESTED AND VALIDATED BEFORE STATEWIDE IMPLEMENTATION.
(N) THE SUMMATIVE ASSESSMENT SYSTEM SHALL ENSURE THAT THE MAXIMUM TOTAL COMBINED LENGTH OF TIME THAT SCHOOLS ARE REQUIRED TO SET ASIDE FOR A PUPIL TO ANSWER ALL TEST QUESTIONS ON ALL ASSESSMENTS THAT ARE PART OF THE SYSTEM FOR THE PUPIL’S GRADE LEVEL DOES NOT EXCEED THAT MAXIMUM COMBINED TOTAL COMBINED LENGTH OF TIME FOR THE PREVIOUS STATEWIDE ASSESSMENT SYSTEM.
(O) THE TOTAL COST OF EXECUTING THE SUMMATIVE ASSESSMENT SYSTEM STATEWIDE EACH YEAR SHALL NOT EXCEED AN AMOUNT EQUAL TO 2 TIMES THE COST OF EXECUTING THE PREVIOUS STATEWIDE ASSESSMENT AFTER ADJUSTMENT FOR INFLATION.
(4) TO BEGIN THE PROCESS REQUIRED UNDER SUBSECTION (3), NOT LATER THAN SEPTEMBER 1, 2014, THE DEPARTMENT SHALL ISSUE A REQUEST FOR PROPOSALS FOR THE SUMMATIVE ASSESSMENT SYSTEM DESCRIBED IN THAT SUBSECTION.
(5) THIS SECTION DOES NOT PROHIBIT DISTRICTS FROM ADOPTING INTERIM ASSESSMENTS.
(6) AS USED IN THIS SECTION, “ENGLISH LANGUAGE ARTS” MEANS THAT TERM AS DEFINED IN SECTION 104B.”.
12. Amend page 238, line 16, by striking out all of enacting section 3 and inserting:
“Enacting section 3. (1) Except as otherwise provided in subsection (2), this amendatory act takes effect October 1, 2014.
(2) Section 104c of the state school aid act of 1979, 1979 PA 94, MCL 388.1704c, as added by this amendatory act, takes effect upon enactment of this amendatory act.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof 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 at the head of the Third Reading of Bills calendar:
Senate Bill No. 775
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 775, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 17a, 18, 19, 20, 20d, 20f, 20g, 21b, 21f, 22a, 22b, 22d, 22i, 24, 24a, 24c, 25e, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95, 99, 99h, 101, 102, 104, 104b, 107, 147, 147c, 152a, 161, 163, and 168 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1617a, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621b, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622i, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695, 388.1699, 388.1699h, 388.1701, 388.1702, 388.1704, 388.1704b, 388.1707, 388.1747, 388.1747c, 388.1752a, 388.1761, 388.1763, and 388.1768), sections 6, 20, 24c, 25e, 26a, 74, 104b, and 107 as amended by 2013 PA 130, section 8b as amended by 2007 PA 92, sections 11, 11m, 20g, 21f, 22a, 22b, 51a, 51c, 99h, 101, and 147c as amended and sections 31b and 94 as added by 2014 PA 116, sections 11a, 11j, 11k, 12, 15, 18, 19, 20d, 22d, 22i, 24, 24a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 81, 94a, 95, 99, 102, 104, 147, and 152a as amended and section 20f as added by 2013 PA 60, sections 11g and 17a as amended by 2013 PA 97, section 21b as amended by 2004 PA 351, section 161 as amended by 1990 PA 207, section 163 as amended by 2007 PA 137, and section 168 as added by 1993 PA 175, and by adding sections 11s, 64b, 74a, 99b, 102a, and 164f; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Hopgood offered the following amendments:
1. Amend page 101, line 26, after “exceed” by striking out “$317,695,500.00” and inserting “$480,775,300.00”.
2. Amend page 233, following line 18, by inserting:
“Sec. 147a. From the appropriation in section 11, there is allocated for 2013-2014 2014-2015 an amount not to exceed $100,000,000.00 for payments to participating districts. A district that receives money under this section shall use that money solely for the purpose of offsetting a portion of the retirement contributions owed by the district for the fiscal year in which it is received. The amount allocated to each participating district under this section shall be based on each participating district’s percentage of the total statewide payroll for all participating districts for the immediately preceding fiscal year. As used in this section, “participating district” means a district that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that reports employees to the Michigan public school employees’ retirement system for the applicable fiscal year.” and adjusting the totals in section 11 and enacting section 1 accordingly.
3. Amend page 238, line 13, by striking out “98, and 147a” and inserting “and 98”.
4. Amend page 238, line 15, after “388.1682,” by striking out “388.1698, and 388.1747a” and inserting “and 388.1698”.
The question being on the adoption of the amendments,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 240 Yeas—16
Ananich Gregory Hunter Smith
Anderson Hansen Johnson Warren
Bieda Hood Jones Whitmer
Green Hopgood Rocca Young
Nays—22
Booher Hildenbrand Meekhof Proos
Brandenburg Hune Moolenaar Richardville
Casperson Jansen Nofs Robertson
Caswell Kahn Pappageorge Schuitmaker
Colbeck Kowall Pavlov Walker
Emmons Marleau
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Hopgood offered the following amendments:
1. Amend page 48, line 10, after “(a)” by striking out “For” and inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, FOR”.
2. Amend page 50, line 8, after “(c)” by striking out “FOR” and inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, FOR”.
3. Amend page 51, following line 8, by inserting:
“(D) FOR A DISTRICT THAT DID NOT RECEIVE ANY FUNDS UNDER SECTION 147A FOR 2013-2014, THE DISTRICT’S FOUNDATION ALLOWANCE IS AN AMOUNT EQUAL TO THE SUM OF THE DISTRICT’S FOUNDATION ALLOWANCE FOR 2013-2014 PLUS $150.00.” and relettering the remaining subdivisions.
4. Amend page 86, line 4, by striking out “$3,818,000,000.00” and inserting “$3,799,000,000.00”.
5. Amend page 101, following line 23, by inserting:
“SEC. 29. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $19,000,000.00 FOR 2014-2015 FOR ADDITIONAL PAYMENTS TO ELIGIBLE DISTRICTS FOR DECLINING ENROLLMENT ASSISTANCE.
(2) A DISTRICT IS ELIGIBLE FOR A PAYMENT UNDER THIS SECTION IF ALL OF THE FOLLOWING APPLY:
(A) THE DISTRICT’S PUPIL MEMBERSHIP FOR THE CURRENT FISCAL YEAR IS LESS THAN THE DISTRICT’S PUPIL MEMBERSHIP FOR THE IMMEDIATELY PRECEDING FISCAL YEAR AND THE DISTRICT’S PUPIL MEMBERSHIP FOR THE IMMEDIATELY PRECEDING FISCAL YEAR IS LESS THAN THE DISTRICT’S PUPIL MEMBERSHIP FOR THE PREVIOUSLY PRECEDING FISCAL YEAR AS CALCULATED UNDER SECTION 6 FOR THAT FISCAL YEAR.
(B) THE DISTRICT’S AVERAGE PUPIL MEMBERSHIP IS GREATER THAN THE DISTRICT’S PUPIL MEMBERSHIP FOR THE CURRENT FISCAL YEAR AS CALCULATED UNDER SECTION 6.
(C) THE DISTRICT IS NOT ELIGIBLE TO RECEIVE FUNDING UNDER SECTION 6(4)(X) OR 22D(2).
(3) PAYMENTS TO EACH ELIGIBLE DISTRICT SHALL BE EQUAL TO THE DIFFERENCE BETWEEN THE DISTRICT’S AVERAGE PUPIL MEMBERSHIP AND THE DISTRICT’S PUPIL MEMBERSHIP AS CALCULATED UNDER SECTION 6 FOR THE CURRENT FISCAL YEAR MULTIPLIED BY THE DISTRICT’S FOUNDATION ALLOWANCE AS CALCULATED UNDER SECTION 20. IF THE TOTAL AMOUNT OF THE PAYMENTS CALCULATED UNDER THIS SUBSECTION EXCEEDS THE ALLOCATION FOR THIS SECTION, THE PAYMENT TO EACH DISTRICT SHALL BE PRORATED ON AN EQUAL PERCENTAGE BASIS.
(4) FOR THE PURPOSES OF THIS SECTION, “AVERAGE PUPIL MEMBERSHIP” MEANS THE AVERAGE OF THE DISTRICT’S MEMBERSHIP FOR THE 3-FISCAL-YEAR PERIOD ENDING WITH THE CURRENT FISCAL YEAR, CALCULATED BY ADDING THE DISTRICT’S ACTUAL MEMBERSHIP FOR EACH OF THOSE 3 FISCAL YEARS, AS OTHERWISE CALCULATED UNDER SECTION 6, AND DIVIDING THE SUM OF THOSE 3 MEMBERSHIP FIGURES BY 3.”.
The question being on the adoption of the amendments,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 241 Yeas—13
Ananich Hood Johnson Warren
Anderson Hopgood Schuitmaker Whitmer
Bieda Hunter Smith Young
Gregory
Nays—25
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Jansen Moolenaar Robertson
Colbeck Jones Nofs Rocca
Emmons Kahn Pappageorge Walker
Green
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Hopgood offered the following amendment:
1. Amend page 55, following line 27, by inserting:
“(8) BEGINNING IN 2014-2015, FOR PUPILS ATTENDING A SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL UNDER SECTIONS 552 AND 553A OF THE REVISED SCHOOL CODE, MCL 380.552 AND 380.553A, THE ALLOCATION CALCULATED UNDER THIS SECTION IS AN AMOUNT PER MEMBERSHIP PUPIL OTHER THAN SPECIAL EDUCATION PUPILS EQUAL TO 50% OF THE FOUNDATION ALLOWANCE OF THE DISTRICT IN WHICH THE SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL IS LOCATED, NOT TO EXCEED THE MAXIMUM PUBLIC SCHOOL ACADEMY ALLOCATION.” and renumbering the remaining subsections and adjusting the totals in sections 11 and 20 and enacting section 1 accordingly.
The question being on the adoption of the amendment,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 242 Yeas—16
Ananich Gregory Johnson Smith
Anderson Hansen Jones Warren
Bieda Hood Nofs Whitmer
Caswell Hopgood Rocca Young
Nays—22
Booher Hildenbrand Marleau Proos
Brandenburg Hune Meekhof Richardville
Casperson Hunter Moolenaar Robertson
Colbeck Jansen Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Hopgood offered the following amendment:
1. Amend page 238, following line 4, by inserting:
“SEC. 169C. IF A PRIVATE ENTITY HAS ENTERED INTO A CONTRACT TO OPERATE ALL OF THE SCHOOLS OF A DISTRICT AS 1 OR MORE PUBLIC SCHOOL ACADEMIES, AND IF IT IS DETERMINED THAT THE PRIVATE ENTITY HAS NOT FULLY EXECUTED OR HAS BREACHED THE TERMS OF THAT CONTRACT, THE PRIVATE ENTITY SHALL REPAY TO THE STATE SCHOOL AID FUND ANY MANAGEMENT FEE THAT THE PRIVATE ENTITY HAS RECEIVED FOR OPERATING THE SCHOOLS. THE ATTORNEY GENERAL SHALL TAKE ALL NECESSARY ACTION TO COLLECT THE REPAYMENT UNDER THIS SECTION.”.
The question being on the adoption of the amendment,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 243 Yeas—16
Ananich Hansen Johnson Smith
Anderson Hood Jones Warren
Bieda Hopgood Rocca Whitmer
Gregory Hunter Schuitmaker Young
Nays—22
Booher Green Marleau Pavlov
Brandenburg Hildenbrand Meekhof Proos
Casperson Hune Moolenaar Richardville
Caswell Jansen Nofs Robertson
Colbeck Kahn Pappageorge Walker
Emmons Kowall
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Hopgood offered the following amendment:
1. Amend page 40, following line 18, by inserting:
“(H) IDENTIFICATION OF ALL CREDIT CARDS MAINTAINED BY THE DISTRICT AS DISTRICT CREDIT CARDS, THE IDENTITY OF ALL INDIVIDUALS AUTHORIZED TO USE EACH OF THOSE CREDIT CARDS, THE CREDIT LIMIT ON EACH CREDIT CARD, AND THE DOLLAR LIMIT, IF ANY, FOR EACH INDIVIDUAL’S AUTHORIZED USE OF THE CREDIT CARD.
(I) COSTS INCURRED FOR EACH INSTANCE OF OUT-OF-STATE TRAVEL BY THE SCHOOL ADMINISTRATOR OF THE DISTRICT THAT IS FULLY OR PARTIALLY PAID FOR BY THE DISTRICT AND THE DETAILS OF EACH OF THOSE INSTANCES OF OUT-OF-STATE TRAVEL, INCLUDING AT LEAST IDENTIFICATION OF EACH INDIVIDUAL ON THE TRIP, DESTINATION, AND PURPOSE.”.
The question being on the adoption of the amendment,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was adopted, a majority of the members serving voting therefor, as follows:
Roll Call No. 244 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Whitmer offered the following amendments:
1. Amend page 25, line 9, by striking out “$11,890,010,200.00” and inserting “$11,935,547,700.00”.
2. Amend page 25, line 12, after “of” by striking out “$30,000,000.00” and inserting “$84,900,000.00”.
3. Amend page 30, line 26, after “EXCEED” by striking out “$35,000,000.00” and inserting “$7,350,000.00”.
4. Amend page 48, line 1, after “is” by striking out “$8,199.00.” and inserting “$8,299.00. HOWEVER, FOR PURPOSES OF THE CALCULATIONS UNDER SUBSECTION (3), THE BASIC FOUNDATION ALLOWANCE SHALL BE CONSIDERED TO BE $8,077.00.”.
5. Amend page 48, line 2, after “IS” by striking out “$7,376.00” and inserting “$7,354.00”.
6. Amend page 49, line 1, by striking out “$10.00)” and inserting “$8.00)”.
7. Amend page 52, following line 4, by inserting:
“(F) FOR 2014-2015, EACH DISTRICT’S FOUNDATION ALLOWANCE IS AN AMOUNT EQUAL TO THE SUM OF THE DISTRICT’S FOUNDATION ALLOWANCE AS OTHERWISE CALCULATED UNDER THIS SUBSECTION PLUS $222.00.”.
8. Amend page 63, line 18, after “minus” by striking out “$10.00)” and inserting “$8.00)”.
9. Amend page 64, line 6, after “$7,076.00.” by inserting “FOR 2014-2015, THE MAXIMUM PUBLIC SCHOOL ACADEMY ALLOCATION IS AN AMOUNT EQUAL TO THE SUM OF THE MAXIMUM PUBLIC SCHOOL ACADEMY ALLOCATION AS OTHERWISE CALCULATED UNDER THIS SUBDIVISION PLUS $222.00.”.
10. Amend page 66, line 26, by striking out all of section 20f.
11. Amend page 86, line 4, by striking out “$3,818,000,000.00” and inserting “$3,831,187,500.00”.
12. Amend page 89, following line 21, by inserting:
“Sec. 22c. From the appropriation in section 11, there is allocated for 2013-2014 2014-2015 an amount not to exceed $36,000,000.00 $10,000,000.00 to make equity payments to districts that have a foundation allowance or per pupil payment as calculated under section 20 for 2013-2014 of less than $7,076.00. $7,089.00. The equity payment for a district shall be an amount per membership pupil equal to the lesser of $50.00 $13.00 or the difference between $7,076.00 $7,089.00 and the SUM OF THE district’s 2013-2014 foundation allowance or per pupil payment as calculated under section 20 PLUS ANY PER PUPIL PAYMENT UNDER THIS SECTION FOR 2013-2014.”.
13. Amend page 95, line 21, by striking out all of section 24c.
14. Amend page 101, line 26, after “exceed” by striking out “$317,695,500.00” and inserting “$327,695,500.00”.
15. Amend page 162, line 13, by striking out “$64,115,000.00” and inserting “$66,115,000.00”.
16. Amend page 162, line 16, after “exceed” by striking out “$64,108,000.00” and inserting “$66,108,000.00”.
17. Amend page 162, line 22, after the first “to” by striking out “100.0%” and inserting “103.0%”.
18. Amend page 170, line 2, by striking out all of section 94.
19. Amend page 184, line 1, by striking out all of section 99h.
20. Amend page 233, following line 18, by inserting:
“Sec. 147a. From the appropriation in section 11, there is allocated for 2013-2014 2014-2015 an amount not to exceed $100,000,000.00 for payments to participating districts. A district that receives money under this section shall use that money solely for the purpose of offsetting a portion of the retirement contributions owed by the district for the fiscal year in which it is received. The amount allocated to each participating district under this section shall be based on each participating district’s percentage of the total statewide payroll for all participating districts for the immediately preceding fiscal year. As used in this section, “participating district” means a district that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that reports employees to the Michigan public school employees’ retirement system for the applicable fiscal year.” and adjusting the totals in sections 11 and 20 and enacting section 1 accordingly.
21. Amend page 238, line 12, by striking out all of enacting section 2 and inserting:
“Enacting section 2. Sections 22f, 22g, 22j, 22k, 24c, 64a, 82, 94, 98, and 99h of the state school aid act of 1979, 1979 PA 94, MCL 388.1622f, 388.1622g, 388.1622j, 388.1622k, 388.1624c, 388.1664a, 388.1682, 388.1694, 388.1698, and 388.1699h, are repealed.”.
The question being on the adoption of the amendments,
Senator Booher requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 245 Yeas—14
Ananich Hood Jones Warren
Anderson Hopgood Rocca Whitmer
Bieda Hunter Smith Young
Gregory Johnson
Nays—24
Booher Green Kowall Pavlov
Brandenburg Hansen Marleau Proos
Casperson Hildenbrand Meekhof Richardville
Caswell Hune Moolenaar Robertson
Colbeck Jansen Nofs Schuitmaker
Emmons Kahn Pappageorge Walker
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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. 246 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Hunter Nofs Rocca
Colbeck Jansen Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Ananich Gregory Johnson Warren
Anderson Hood Jones Whitmer
Bieda Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Hildenbrand offered to amend the title to read as follows:
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 17a, 18, 19, 20, 20d, 20f, 20g, 21b, 21f, 22a, 22b, 22d, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31b, 31d, 31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95, 99, 99h, 101, 102, 104, 104b, 107, 147, 147c, 152a, 161, 163, and 168 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1617a, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621b, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622i, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631b, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695, 388.1699, 388.1699h, 388.1701, 388.1702, 388.1704, 388.1704b, 388.1707, 388.1747, 388.1747c, 388.1752a, 388.1761, 388.1763, and 388.1768), sections 6, 20, 24c, 25e, 26a, 74, 104b, and 107 as amended by 2013 PA 130, section 8b as amended by 2007 PA 92, sections 11, 11m, 20g, 21f, 22a, 22b, 51a, 51c, 99h, 101, and 147c as amended and sections 25f, 31b and 94 as added by 2014 PA 116, sections 11a, 11j, 11k, 12, 15, 18, 19, 20d, 22d, 22i, 24, 24a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 81, 94a, 95, 99, 102, 104, 147, and 152a as amended and section 20f as added by 2013 PA 60, sections 11g and 17a as amended by 2013 PA 97, section 21b as amended by 2004 PA 351, section 161 as amended by 1990 PA 207, section 163 as amended by 2007 PA 137, and section 168 as added by 1993 PA 175, and by adding sections 11s, 64b, 74a, 99b, 102a, 104c, and 164f; and to repeal acts and parts of acts.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
Protests
Senators Hopgood, Johnson, Bieda, Ananich, Smith, Gregory, Jones and Anderson, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 775.
Senators Hopgood, Jones and Anderson moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Hopgood’s statement, in which Senators Johnson, Bieda, Ananich, Smith and Gregory concurred, is as follows:
I rise to give my “no” vote explanation on the School Aid budget that is before us. I cannot vote for this budget in good conscience because it will only leave our schools and our students further behind. This budget diverts hundreds of millions of dollars from the School Aid Fund to the Higher Education budget and the Community Colleges budget. Regardless of whether or not that’s even constitutional, which many would argue it isn’t, it remains the wrong thing to do. School Aid Fund dollars belong in our K-12 schools.
You can try to spin the numbers all you want, but the reality is that Republicans have raided over $2 billion from our public schools over the last three years. They have favored charter schools and cyber schools at every turn without holding them to the same accountability standards as traditional public schools.
This budget does not begin to repair the damage that Republicans have caused to our children’s education. Just this past week, the school board of the Ann Arbor Public Schools railed against this very budget you are about to pass, calling it “shameful” and adding: “This idea that anyone is funding education in the state of Michigan is completely false.”
They correctly pointed out that under this budget, not only are you not increasing their funding, but they would be receiving $2 million less this year than before, and that’s on top of the years of declining budgets you’ve already forced upon them. This budget is a disservice to our students and will only make the financial troubles of our school districts worse.
I would ask that my colleagues join me in voting “no.”
Senator Jones’ statement is as follows:
I rise for my “no” vote explanation. This will be the fifth year that I have voted “no” on any transfer of money from the School Aid Fund and away from K-12. I can support K-12 to maybe pre-K, but not going to community colleges or universities—some of those that sit on billions of dollars.
I remind everybody that this is the fifth year that I’ve had to vote this way because Governor Granholm is the one who made this decision, and at least Governor Snyder has kept money in education. Governor Granholm had it transferred to community colleges legally, and then backed it out of there and put it into the General Fund. That was even worse.
Senator Anderson’s statement is as follows:
I plan to vote “no” on this budget because of the damage it does to many of my school districts. I know we just had another option there in front of us that would’ve been much better, and it would’ve been much fairer to the districts around and including the District 7 schools.
The good Senator from the 7th District, in voting against that proposal, took away money from all these districts that he represents as well. I guess we have to wonder why we would do this, why we would object to helping the school districts that we’re here to represent. I will be voting against this budget because it does exactly that.
In the Livonia Public Schools District, we would’ve had $112 additional. We would’ve had an additional $63 in the Plymouth-Canton district. We would’ve had an additional $71 in the Northville School District. I find it very interesting that someone who represents that district chooses to take money away from them.
Senator Hopgood asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hopgood’s first statement is as follows:
I rise to speak to my amendment to the School Aid budget that is before us. My amendment would reclaim School Aid fund dollars from the Higher Education and the Community Colleges budgets, and put these funds back where they belong. This budget you have proposed here today shifts over $200 million to the Higher Education and over $47 million to the Community Colleges budgets. We know the reality of why that’s happening. It’s to make up for the billions of dollars you took from the state’s General Fund and handed out in corporate tax breaks. We’re left with you once again raiding the School Aid Fund to make up for the funds now missing from the General Fund.
Our kids shouldn’t have to pay for corporate tax bills, nor should they have to pay for the poor budgeting of this body. School aid dollars were intended to be spent on one thing only, our K-12 schools. We cannot make Michigan a leader in job creation if we don’t invest in the education necessary to produce a talented workforce. With an increasing number of schools operating in deficit and in jeopardy of closing their doors, it is clear that our K-12 schools are not being adequately funded.
My amendment would restore $100 million to the MPSERS categorical and $163 million to programs for at-risk students. We often talk about how we should do more for kids who are at-risk and need additional support, but actions speak louder than words. My amendment would make a much-needed investment in these crucial programs. Without these changes, we risk passing a School Aid budget that will not give any meaningful help to Michigan students.
I ask for my colleagues’ support of these amendments.
Senator Hopgood’s second statement is as follows:
I rise to speak in support of my second amendment to the School Aid budget. This amendment would provide that school districts that do not contribute to the Michigan Public Schools Employees Retirement System do not get the 2x foundation allowance increase in this budget. In fact, we call it 2x, but it’s a 4x increase because of all the money that’s been diverted from so many of our school districts.
We already know that the charter and cyber schools that Republicans are so fond of do not contribute to MPSERS. They also do not have to pay a lot of the extra costs that our traditional public schools do, such as transporting students, school nutrition, and maintaining buildings. With that in mind, it only seems logical that these school districts should not be allowed to freeload at the expense of our traditional public schools.
We can take the money we save from this amendment and redirect those funds to assist schools that are facing serious problems due to declining enrollment. I ask for my colleagues’ support of this amendment.
Senator Hopgood’s third statement is as follows:
I rise to speak in support of the third amendment I have offered to this budget, which would reduce the foundation allowance 50 percent for cyber schools. By design, cyber schools have significantly fewer expenses than traditional schools. They do not have to keep the heat on and lights running in school buildings. They do not have to bus students or provide meals. They do not need to pay for an appropriate number of teachers and support staff.
Cyber schools that are designed to turn profits should not be entitled to the same foundation allowance as our traditional public schools that are constantly being forced to do more with less. In fact, unlike our traditional schools that use every single dollar as effectively as possible to educate our kids, cyber schools do only one thing with this pot of money we continue to hand over to them, and that’s pad their profit margins.
I sincerely hope that my colleagues here today don’t believe the purpose of a School Aid budget is to help out-of-state companies line their pockets and get rich off our kids. Passing this amendment would affirm that our priorities with passing this budget are with our kids and not profits.
I ask for your support.
Senator Hopgood’s fourth statement is as follows:
I rise to speak in support of my fourth amendment. This amendment would require charter school companies to repay the School Aid Fund any management fee if the company does not complete the terms of its contracts. If the company does not comply with repayment, this amendment would direct the Attorney General to take action necessary to collect the funds. In recent years, we have seen charter school operators that have been more interested in lining their pockets than they have been in actually educating students.
Just recently, it was announced that Mosaica of the Muskegon Heights Charter School District is cutting its contract short because, apparently, it’s now turning enough of a profit. These companies should not be permitted to use school aid dollars to fund a get-rich-quick scheme before they skip town and leave students no better than they found them. This amendment would protect our School Aid Fund dollars and make clear that these companies must not be rewarded for bailing on our kids. It’s disgraceful that the state has allowed this to happen, and it would be worse if this body condoned it by not adopting this commonsense amendment.
I ask for my colleagues’ support.
Senator Hopgood’s fifth statement is as follows:
I rise to speak in support of this amendment to the School Aid budget. This amendment would require the disclosure of any credit cards issued to school districts. We already require schools to make certain expenses available to the public, and this amendment would simply follow the spirit of that transparency. The required disclosure of every person authorized to use these credit cards would put a limit on each card. It would also require disclosure of costs incurred by school administrators when traveling outside the state of Michigan, including the destination and purpose of the trip.
The intent behind this amendment is to try to address some reports of the use of credit cards and the amount of travel taken by the EAA. Preliminary reports suggest that hundreds of thousands of dollars have been charged to credit cards with apparently little controls on their use. The EAA has funded and supported many trips out of the state, and the questions that we have are: How much interest are we paying on these credit cards? Has this contributed to the financial troubles the EAA has faced in just less than two years of operation?
Maybe these trips were for conferences. Perhaps they were for junkets. We don’t know. We know a lot of these trips were to Orlando and Las Vegas. Perhaps the EAA would’ve been wiser to spend some money on communications equipment and on security in the interest of student and teacher safety. Taxpayers have a right to know where their tax dollars are being used. We talk a lot about transparency, and this is an opportunity to do something about it.
I ask my colleagues for their support of this amendment.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 765, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
(This bill was read a third time on earlier today and consideration postponed. See p. 667.)
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. 247 Yeas—28
Anderson Green Kahn Pavlov
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hopgood Meekhof Robertson
Caswell Hunter Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Nays—10
Ananich Hood Smith Whitmer
Bieda Hune Warren Young
Gregory Johnson
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Meekhof moved that consideration of the following bills be postponed for today:
House Bill No. 4369
Senate Bill No. 628
The motion prevailed.
The House of Representatives returned, in accordance with the request of the Senate:
House Bill No. 5154, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1, 4, 7, 11a, 11b, and 13 of chapter VI (MCL 766.1, 766.4, 766.7, 766.11a, 766.11b, and 766.13), section 4 as amended by 1994 PA 167, section 11a as added by 2004 PA 20, and section 11b as added by 2007 PA 89.
The bill was placed on the order of Third Reading of Bills.
The House of Representatives returned, in accordance with the request of the Senate:
House Bill No. 5155, entitled
A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 8311 and 8511 (MCL 600.8311 and 600.8511), section 8511 as amended by 2008 PA 95; and to repeal acts and parts of acts.
The bill was placed on the order of Third Reading of Bills.
Senate Bill No. 562, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 87b (MCL 211.87b), as amended by 2002 PA 198.
Substitute (H-4).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 248 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 671, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 4.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 249 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 672, entitled
A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 6 and 9 (MCL 338.1056 and 338.1059), section 6 as amended by 2012 PA 419 and section 9 as amended by 2010 PA 68.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 250 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 5154
House Bill No. 5155
The motion prevailed.
The following bill was announced:
House Bill No. 5154, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1, 4, 7, 11a, 11b, and 13 of chapter VI (MCL 766.1, 766.4, 766.7, 766.11a, 766.11b, and 766.13), section 4 as amended by 1994 PA 167, section 11a as added by 2004 PA 20, and section 11b as added by 2007 PA 89.
Senator Meekhof moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Jones offered the following amendment:
1. Amend page 7, line 27, after “after” by striking out “September 1, 2014” and inserting “January 1, 2015”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Meekhof moved to reconsider the vote by which the amendment was not adopted.
The motion prevailed.
The amendment was adopted, a majority of the members serving voting therefor.
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. 251 Yeas—36
Ananich Gregory Jones Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Green Johnson Proos Young
Nays—2
Caswell Kahn
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was announced:
House Bill No. 5155, entitled
A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 8311 and 8511 (MCL 600.8311 and 600.8511), section 8511 as amended by 2008 PA 95; and to repeal acts and parts of acts.
Senator Meekhof moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved to reconsider the vote by which the bill was passed.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Jones offered the following amendment:
1. Amend page 6, line 8, after “after” by striking out the balance of the enacting section and inserting “January 1, 2015.”.
The amendment was adopted, a majority of the members serving voting therefor.
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. 252 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 3:42 p.m.
4:02 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof 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 Hansen 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 with a substitute therefor, the following bill:
Senate Bill No. 764, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
Substitute (S-1).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 5, line 19, by striking out all of line 19 and inserting:
“Inmate housing fund.............................................................................................................. 100”.
2. Amend page 5, line 21, by striking out “115,711,500” and inserting “146,341,400”.
3. Amend page 6, line 12, by striking out “99,297,900” and inserting “129,927,800” and adjusting the subtotals, totals, and section 201 accordingly.
4. Amend page 17, line 10, after the second “education,” by striking out “and”.
5. Amend page 17, line 11, after “sharing” by inserting a comma and “and roads”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 893, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2011 PA 141.
Substitute (S-3).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 913, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733).
Substitute (S-2).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 10, after the first “IS” by striking out the balance of the line through “WHICH” on line 11 and inserting “EFFECTIVE ON THE DATE THAT”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 893
Senate Bill No. 913
Senate Bill No. 764
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 893, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2011 PA 141.
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. 253 Yeas—33
Ananich Hansen Kahn Richardville
Anderson Hildenbrand Kowall Robertson
Bieda Hood Marleau Schuitmaker
Booher Hopgood Meekhof Smith
Casperson Hunter Nofs Walker
Caswell Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—5
Brandenburg Hune Moolenaar Rocca
Colbeck
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 913, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733).
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. 254 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 764, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The question being on the passage of the bill,
Senator Anderson offered the following amendment:
1. Amend page 40, following line 17, by inserting:
“Sec. 506. Any private entity that has a contract with the department or any of its agencies can have no adjudicated record of substantial or repeated willful noncompliance with any relevant federal, state, or local statute or regulation, including payment of taxes or other payments owed to a public entity. Prior to awarding a contract, bidders shall submit documentation to the department, signed by the bidder under penalty of perjury, attesting to compliance with all applicable local, state, and federal laws, including health and safety, labor and employment, and licensing laws, that affect the employees, worksite, or performance of the contract. All bidders and contractors shall complete a pledge of compliance provided by the department attesting under penalty of perjury to comply with all applicable laws, regulations, and statutes.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Anderson requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 255 Yeas—18
Ananich Emmons Hopgood Smith
Anderson Green Hunter Warren
Bieda Gregory Moolenaar Whitmer
Casperson Hansen Rocca Young
Caswell Hood
Nays—19
Booher Jansen Meekhof Richardville
Brandenburg Jones Nofs Robertson
Colbeck Kahn Pappageorge Schuitmaker
Hildenbrand Kowall Pavlov Walker
Hune Marleau Proos
Excused—0
Not Voting—1
Johnson
In The Chair: Schuitmaker
Senator Hopgood moved that Senator Johnson be excused from the balance of today’s session.
The motion prevailed.
The President, Lieutenant Governor Calley, resumed the Chair.
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. 256 Yeas—28
Ananich Gregory Kahn Proos
Anderson Hansen Kowall Richardville
Bieda Hildenbrand Marleau Robertson
Booher Hopgood Meekhof Rocca
Brandenburg Hunter Moolenaar Schuitmaker
Colbeck Jansen Pappageorge Smith
Green Jones Pavlov Walker
Nays—9
Casperson Hood Nofs Whitmer
Caswell Hune Warren Young
Emmons
Excused—1
Johnson
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Anderson and Proos asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Anderson’s statement is as follows:
I offer a very reasonable amendment to the Corrections budget that I hope we will all be able to agree on. Quite simply, it provides good commonsense guidelines on what contractors the department can do business with and works to ensure that we are only working with the safest, most trustworthy professional vendors when it comes to keeping our corrections system as safe as possible. My amendment would prohibit the Department of Corrections from working with a contractor that is not considered a good actor. Companies that have a history of problems, that are not in good standing with the state, whether it’s for not paying taxes or having a history of violations or injuries. Mind you, these are companies where the cases have been adjudicated and contractors been found guilty.
We’ve heard many horror stories related to some of the problems with the private contractors hired to work in our prisons; from abuse, sexual misconduct, and improper interactions with prisoners to poor oversight of weapons, uniforms, and other things that can assist in escape. All this amendment would do is say that if they failed to uphold their contract or have been unable to remain in good standing with the state, then we shouldn’t be spending taxpayer dollars on subpar work from that company.
The work done by the Department of Corrections and the contractors that it partners with is far too important to be trusted to anyone who has a history of falling down on commitments. Colleagues, I urge all of you to join me in support my amendment to uphold public safety, protect the common good, use tax dollars wisely, and keep questionable companies out of our prisons.
Senator Proos’ statement is as follows:
I appreciate the chance to say a few words about the Corrections budget that is before us today. The budget that’s before us right now is predicated on some of the good work that was done by the Council of State Governments. You may recall that the Council of State Governments made a pretty clear distinction as to the number prisoners we have past the earliest release date; that if those prisoners had the opportunity to do some of the coursework or take the initiative in prison with the prison itself providing some of the coursework and training available for those individuals, they could likely go before the parole board, where the parole board would have the opportunity to approve their release or not approve their release because of potential problems in the community, public safety, or issues related to the way they handled their incarceration.
Really, what this budget does is seek to focus attention on reform; seek to focus attention on people going back to our communities and marrying those individuals with the jobs that may or may not exist in their communities; not just coursework for the business of one’s day, but coursework that matters toward the skills development that puts them in the best position to succeed as a parolee after serving their time in the state of Michigan. I look forward to continuing the conversation—I think a very important conversation—on restorative justice and reforms in the Department of Corrections.
Other states are doing this, my friends and my colleagues on the floor. Other states are looking for ways to reduce the costs in the Department of Corrections. Even our own neighboring state of Ohio has changed the name of their department and are focusing resources on restorative justice and reforming the way those individuals are when they come out. It’s important for us to recognize that every dollar spent on the Department of Corrections is a General Fund dollar that could otherwise be spent in decreasing the overall costs for our higher education institutions, additional monies available for our K-12 institutions, and yes, we continue to focus additional resources as a state on early childhood education—the very best way to reduce our overall crime rate.
I see this as a step in the right direction. I look forward to working with my colleagues on significant and real reform that saves our taxpayers money.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Meekhof moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 34
Senate Resolution No. 123
The motion prevailed.
Senator Schuitmaker offered the following resolution:
Senate Resolution No. 143.
A resolution celebrating the 100th Anniversary of the signing of the Smith-Lever Act, the founding legislation of the nationwide Cooperative Extension System.
Whereas, May 8, 2014, marks the centennial of the signing of the Smith-Lever Act (May 8, 1914, Ch. 79, 38 Stat. 372, 7 U.S.C. 341 et seq.), which established the Cooperative Extension System, the nationwide transformational education system operating through land-grant universities in partnership with federal, state, and local governments; and
Whereas, United States Senator Hoke Smith of Georgia and United States Representative A. F. Lever of South Carolina authored the Smith-Lever Act to expand the “vocational, agricultural, and home demonstration programs in rural America” by bringing the research-based knowledge of the land-grant universities to people where they live and work; and
Whereas, Cooperative Extension is a critical component of the three-part land-grant university mission and works collaboratively with research, particularly the Agricultural Experiment Station System, and academic programs in 106 colleges and universities, including historically black, Native American, and Hispanic-serving institutions; in all 50 states, the District of Columbia, and six U.S. territories to reach traditional and underserved audiences in all communities; and
Whereas, The Cooperative Extension System continues to receive federal programmatic leadership and support enabled by the Smith-Lever Act and other legislation through the United States Department of Agriculture’s National Institute of Food and Agriculture; and
Whereas, Cooperative Extension’s research-based education for farmers and ranchers helped establish the United States as a leading agricultural-producing nation in the world; and
Whereas, Since 1924, when the clover emblem was adopted by the USDA to represent 4-H, Cooperative Extension’s nationwide youth development program has reached millions of youth and helped prepare them for responsible adulthood; and
Whereas, This program prepares people for healthy, productive lives through sustained education such as the Expanded Food and Nutrition Education Program, breaking the cycle of poverty and reducing expenditures for federal and state assistance programs; and
Whereas, Cooperative Extension provides rapid response to disasters and emergencies through the Extension Disaster Education Network and other similar efforts by providing real-time alerts and resources so Extension educators can respond to urgent needs resulting from hurricanes, floods, oil spills, fire, drought, pest outbreaks, and infectious diseases affecting humans, livestock, and crops; and
Whereas, Cooperative Extension translates science-based research for practical application through local and online learning networks, where educators are uniquely available to identify emerging research questions, connect with land-grant university faculty to find solutions, and encourage application of findings to improve economic and social conditions; and
Whereas, Cooperative Extension engages with rural and urban learners through pragmatic, community-based, and online approaches, resulting in the acquisition of knowledge, skills, and motivation to strengthen the profitability of animal and plant production systems, protect natural resources, help people make healthful lifestyle choices, ensure a safe and abundant food supply, encourage community vitality, and grow the next generation of leaders; and
Whereas, Many states are celebrating the centennial of the signing of the Smith-Lever Act with resolutions and proclamations, and many land-grant institutions are also commemorating the signing of the historic legislation; now, therefore, be it
Resolved by the Senate, That we recognize the significance of the Smith-Lever Act to the establishment of the Cooperative Extension System nationwide. We encourage the people of Michigan to observe and celebrate the centennial with a focus on launching an innovative and sustainable future for Cooperative Extension; and be it further
Resolved, That we hereby honor the university faculty and local educators who dedicate careers to providing trusted education to help individuals, families, youth, businesses, and communities solve problems, develop skills, and build a better future. We thank Cooperative Extension volunteers who provide thousands of hours to promote excellence for 4-H, Master Gardeners, family and consumer sciences, and other programs in their communities; and be it further
Resolved, That we encourage continued collaboration and cooperation among federal, state, and local governments to ensure the sustainability of Cooperative Extension as the nation’s premiere nonformal educational network. We celebrate the millions of youth, adults, families, farmers, ranchers, community leaders, and others who engage in Cooperative Extension learning opportunities designed to extend knowledge and change lives.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senators Booher, Brandenburg, Green, Hansen, Kowall, Pappageorge and Proos were named co‑sponsors of the resolution.
Introduction and Referral of Bills
Senator Jones introduced
Senate Bill No. 933, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 4 (MCL 445.904), as amended by 2003 PA 216.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senator Richardville introduced
Senate Bill No. 934, entitled
A bill to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for a wage deviation board; to provide for the administration and enforcement of this act; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts.
The bill was read a first and second time by title.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5313, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2015 and other fiscal years; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
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:
Today, I would like to turn your attention toward awareness of the disorder fibromyalgia. Fibromyalgia is a chronic pain syndrome that attacks the body long-term in its muscles, joints, and other soft tissues. Not only does one suffer from body-wide pains that can interfere with daily activities, but also abnormal pain responses and sleep disturbances that increase fatigue. In addition to the physical symptoms, fibromyalgia is also linked with emotional trauma, and people suffer from depression and anxiety.
Although fibromyalgia most commonly attacks women aged 20 to 50, approximately 10 million Americans are affected, as well as 3 percent to 6 percent of the worldwide population. An exact cause and cure have not been identified, but treatments focus on physical therapies for pain management and a variety of prescription medications for relieving pain. Stress-relief methods such as relaxation treatments and engaging in support groups can also help.
I present you with this information today to increase awareness and education as today is Fibromyalgia Awareness Day in Michigan. I encourage you to participate in awareness events in your district as we continue to spread awareness to support those suffering, and provide compassion in order to help them live more harmonious lives. This weekend, there is going to be an event in my district in Warren for fibromyalgia, and you’re all welcome to attend if you like.
Committee Reports
The Committee on Judiciary reported
Senate Bill No. 841, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 300a (MCL 750.300a), as amended by 1993 PA 230.
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, Schuitmaker and Rocca
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 842, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2012 PA 169.
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, Schuitmaker and Rocca
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 843, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 43b (MCL 400.43b), as added by 2002 PA 573.
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 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. 844, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231 (MCL 750.231), as amended by 2006 PA 401.
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, Schuitmaker, Rocca and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 924, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e.
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 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. 925, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145f.
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, Schuitmaker, Rocca and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5216, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 34d.
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 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
House Bill No. 5217, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2956a.
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 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
House Bill No. 5218, entitled
A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending section 2 (MCL 338.42).
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 Bieda
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 Judiciary submitted the following:
Meeting held on Tuesday, May 6, 2014, at 4:00 p.m., Room 110, Farnum Building
Present: Senators Jones (C), Schuitmaker, Rocca and Bieda
The Committee on Reforms, Restructuring and Reinventing reported
Senate Bill No. 900, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 352 and 391 (MCL 418.352 and 418.391), as amended by 2007 PA 190.
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.
Mark C. Jansen
Chairperson
To Report Out:
Yeas: Senators Jansen, Colbeck, Casperson, Kowall, Robertson, Young and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Reforms, Restructuring and Reinventing reported
House Bill No. 4964, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” (MCL 38.1132 to 38.1141) by amending the title, as amended by 1988 PA 343, and by adding section 19b.
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.
Mark C. Jansen
Chairperson
To Report Out:
Yeas: Senators Jansen, Colbeck, Casperson, Kowall, Robertson, Young and Warren
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 Reforms, Restructuring and Reinventing submitted the following:
Meeting held on Wednesday, May 7, 2014, at 9:15 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren
The Committee on Families, Seniors and Human Services reported
Senate Bill No. 890, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 115f, 115g, 115h, 115i, 115j, 115l, 115m, 115r, and 115s (MCL 400.115f, 400.115g, 400.115h, 400.115i, 400.115j, 400.115l, 400.115m, 400.115r, and 400.115s), section 115f as amended by 2004 PA 193, sections 115g and 115i as amended by 2009 PA 17, section 115h as added by 1994 PA 238, section 115j as amended by 2011 PA 230, and sections 115l and 115m as amended and sections 115r and 115s as added by 2002 PA 648.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 4021, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 349 (MCL 750.349), as amended by 2006 PA 159.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 4867, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 40 of chapter XVII (MCL 777.40), as added by 1998 PA 317.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5231, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 452, 455, 456, 457, 458, 459, and 460 (MCL 750.452, 750.455, 750.456, 750.457, 750.458, 750.459, and 750.460).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5232, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, May 7, 2014, at 2:30 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Rocca and Nofs
Excused: Senator Gregory
The Committee on Appropriations reported
Senate Bill No. 913, entitled
A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733).
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Caswell, Colbeck, Green, Proos, Walker and Gregory
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 Appropriations submitted the following:
Meeting held on Wednesday, May 7, 2014, at 2:14 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Caswell, Colbeck, Green, Proos, Walker, Anderson, Gregory, Hood, Hopgood and Johnson
Excused: Senators Booher and Schuitmaker
The Committee on Appropriations reported
Senate Bill No. 893, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2011 PA 141.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Jansen, Pappageorge, Booher, Caswell, Green, Proos, Schuitmaker, Walker, Gregory and Hood
Nays: Senator Moolenaar
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Thursday, May 8, 2014, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Booher, Caswell, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood and Hopgood
Excused: Senators Colbeck and Johnson
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development submitted the following:
Meeting held on Wednesday, May 7, 2014, at 1:30 p.m., Room 110, Farnum Building
Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons and Hansen
Excused: Senators Smith and Ananich
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Meeting held on Thursday, May 8, 2014, at 9:00 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof, Warren and Hood
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Thursday, May 8, 2014, at 9:30 a.m., Room 110, Farnum Building
Present: Senators Marleau (C), Robertson, Emmons, Hune, Jones, Schuitmaker, Warren, Johnson and Ananich
COMMITTEE ATTENDANCE REPORT
The Committee on Banking and Financial Institutions submitted the following:
Meeting held on Thursday, May 8, 2014, at 10:30 a.m., Room 100, Farnum Building
Present: Senators Booher (C), Nofs, Green and Ananich
Excused: Senators Marleau, Rocca and Smith
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Thursday, May 8, 2014, at 10:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Emmons (C), Nofs and Gregory
Excused: Senator Rocca
Scheduled Meetings
Administrative Rules - Wednesday, May 14, 3:30 p.m. or later after committees are given leave to meet, Rooms 402 and 403, Capitol Building (373-5773)
Agriculture - Thursday, May 15, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)
Appropriations -
Subcommittee -
State Police and Military Affairs - Tuesday, May 13, 3:00 p.m., Room 405, Capitol Building (373-2768)
Michigan Law Revision Commission - Tuesday, May 13, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0212)
Reforms, Restructuring and Reinventing - Wednesday, May 14, 8:30 a.m., Rooms 402 and 403, Capitol Building (373‑5307)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 4:30 p.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 13, 2014, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
666 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 667
668 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 669
670 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 671
672 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 673
674 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 675
676 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 677
678 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 679
680 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 681
682 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 683
684 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 685
686 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 687
688 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 689
690 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 691
692 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 693
694 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 695
696 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 697
698 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 699
700 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 701
702 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 703
704 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 705
706 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 707
708 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 709
710 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 711
712 JOURNAL OF THE SENATE [May 8, 2014] [No. 42
No. 42] [May 8, 2014] JOURNAL OF THE SENATE 713
714 JOURNAL OF THE SENATE [May 8, 2014] [No. 42