No. 54

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2016

Senate Chamber, Lansing, Tuesday, May 31, 2016.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

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

Ananich—present Hopgood—present O’Brien—present

Bieda—present Horn—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Johnson—present Robertson—present

Casperson—present Jones—present Rocca—present

Colbeck—present Knezek—present Schmidt—present

Emmons—present Knollenberg—present Schuitmaker—present

Green—present Kowall—present Shirkey—present

Gregory—present MacGregor—present Stamas—present

Hansen—present Marleau—present Warren—present

Hertel—present Meekhof—present Young—present

Hildenbrand—present Nofs—present Zorn—present

Hood—present

Pastor Kerby Fannin of Word of Promise Church of Addison offered the following invocation:

Dear heavenly Father, Yahweh, we thank You for this day, knowing that it belongs to You. We thank You for Your blessings, for Your provision, and for Your protection. We know that all things, including this state and this government, also belong to You. As You so clearly revealed through the prophet Daniel, Your kingdom is an everlasting kingdom, and Your dominion is from generation to generation. It is You who rules in the kingdom of men, and You give it to whomever You will.

You have given great responsibility to each man and woman in this Senate Chamber to govern on Your behalf for the people of this great state of Michigan. You promise blessings to those who listen to Your voice and curses upon those who refuse to hear Your word.

We ask You to forgive us for our sins, including our unforgiveness of others who remain in our hearts, which keeps us from calling upon You and prevents us from hearing Your voice. You tell us that a man’s heart devises his way, but You direct his steps.

Now we pray for Your blessing upon each person in this chamber, and pray that each Senator will seek Your wisdom, guidance, and direction in every decision that they make.

We ask all this in the name of Jesus, Yahshua. Amen.

The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Meekhof and Hopgood entered the Senate Chamber.

Senator Kowall moved that Senators Brandenburg, Casperson, Green, Knollenberg and Schuitmaker be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Schuitmaker and Shirkey admittance to the Senate floor.

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

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

May 19, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-077-HS (Secretary of State Filing #16-05-04) on this date at 3:51 p.m. for the Department of Health and Human Services entitled, “MSA Provider Hearings.”

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

May 19, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-011-LR (Secretary of State Filing #16-05-03) on this date at 3:51 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Land Corner Recordation - General Rules.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

May 19, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-002-LR (Secretary of State Filing #16-05-02) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs entitled, “New and Existing School, College, and University Fire Safety.”

These rules become effective 30 days after filing with the Secretary of State.

May 24, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-048-LR (Secretary of State Filing #16-05-05) on this date at 3:23 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Basic Local Exchange Service Customer Migration.”

These rules become effective June 17, 2016.

May 25, 2016

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-107-LR (Secretary of State Filing #16-05-06) on this date at 2:42 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Ionizing Radiation Rules Governing the Use of Radiation Machines.”

These rules take effect upon filing with the Secretary of State of Michigan.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Office of Senator John Proos

May 25, 2016

I would like to co‑sponsor the two autonomous vehicle bills, SBs 995 and 996.

Truly,

Senator Proos

The communication was referred to the Secretary for record.

The following communication was received:

Office of Senator Steven M. Bieda

May 25, 2016

Per Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 898, which was introduced on April 19, 2016 by Senator Rebekah Warren and is currently in the Senate Finance Committee.

Sincerely,

Steve Bieda

State Senator

9th District

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 26:

House Bill Nos. 5164 5165 5571 5649 5650

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, May 26, for his approval the following bill:

Enrolled Senate Bill No. 738 at 2:06 p.m.

The Secretary announced that the following bills were printed and filed on Thursday, May 26, and are available at the Michigan Legislature website:

House Bill Nos. 5700 5701 5702 5703 5704 5705 5706 5707

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:05 a.m.

10:53 a.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

During the recess, Senators Johnson, Green, Knollenberg, Brandenburg, Schuitmaker and Casperson entered the Senate Chamber.

Senator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

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

Senate Bill No. 557

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

Messages from the Governor

The following messages from the Governor were received:

Date: May 25, 2016

Time: 9:32 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 409 (Public Act No. 125), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217.

(Filed with the Secretary of State on May 25, 2016, at 10:14 a.m.)

Date: May 25, 2016

Time: 9:34 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 410 (Public Act No. 126), being

An act to amend 1927 PA 175, entitled “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,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218.

(Filed with the Secretary of State on May 25, 2016, at 10:16 a.m.)

Date: May 25, 2016

Time: 8:38 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 343 (Public Act No. 136), being

An act to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 41 and 41a (MCL 38.1341 and 38.1341a), as amended by 2012 PA 300.

(Filed with the Secretary of State on May 26, 2016, at 11:04 a.m.)

Date: May 25, 2016

Time: 8:40 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 344 (Public Act No. 137), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416.

(Filed with the Secretary of State on May 26, 2016, at 11:06 a.m.)

Date: May 25, 2016

Time: 8:42 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 501 (Public Act No. 138), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298.

(Filed with the Secretary of State on May 26, 2016, at 11:08 a.m.)

Date: May 25, 2016

Time: 8:44 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 659 (Public Act No. 139), being

An act to amend 2008 PA 525, entitled “An act to establish the fostering futures scholarship trust fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530.

(Filed with the Secretary of State on May 26, 2016, at 11:10 a.m.)

Date: May 25, 2016

Time: 8:46 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 719 (Public Act No. 141), being

An act to amend 2005 PA 244, entitled “An act to regulate the business of providing deferred presentment service transactions; to require the licensing of providers of deferred presentment service transactions; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 35 (MCL 487.2155).

(Filed with the Secretary of State on May 26, 2016, at 11:14 a.m.)

Date: May 25, 2016

Time: 8:48 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 607 (Public Act No. 140), being

(Filed with the Secretary of State on May 26, 2016, at 11:12 a.m.)

Respectfully,

Rick Snyder

Governor

The following message from the Governor was received on May 26, 2016, and read:

EXECUTIVE ORDER

No. 2016-11

Michigan Statewide Independent Living Council

Executive Office of the Governor

Rescission of

Executive Orders 2007-49 and 2012-15

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that the Governor shall take care that the laws be faithfully executed; and

WHEREAS, many Michigan residents have one or more disabilities; and

WHEREAS, disability is a natural part of the human experience and in no way diminishes the right of an individual with a disability to live independently, enjoy self-determination, make choices, contribute to society, pursue a meaningful career, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of our society; and

WHEREAS, the state of Michigan shares the goals of the federal government of providing individuals with disabilities the tools necessary to make informed choices and decisions and to achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency; and

WHEREAS, under Section 705 of the Rehabilitation Act of 1973, as amended, 29 USC § 796d(a), to be eligible to receive federal assistance under Title VII of the Rehabilitation Act of 1973, as amended, a state must establish a statewide independent living council, which may not be established as an entity within a state agency; and

WHEREAS, Sections 474 and 475 of the Workforce Innovation and Opportunity Act, Public Law 113-128, have amended the Rehabilitation Act of 1973 to alter and expand the responsibilities of statewide independent living councils; and

WHEREAS, reestablishment of the Michigan Statewide Independent Living Council, organized under Executive Order 1994-23, then reestablished by Executive Order 2007-49, and amended by Executive Order 2012-15, is necessary to appropriately reflect the current organizational structure of state government and to comply with federal law; and

WHEREAS, reestablishment of the Michigan Statewide Independent Living Council will improve working relationships among entities providing services to individuals with disabilities, centers for independent living and the Michigan Statewide Independent Living Council;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEFINITIONS

A. “Center for independent living” means that phrase as defined under Section 702 of the Rehabilitation Act of 1973, as amended, 29 USC § 796a(2).

B. “Council” means the Michigan Statewide Independent Living Council created within the Executive Office of the Governor by this Order.

C. “Disability” means that term as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(9).

D. “Designated State Entity” means that term as defined under Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c(c). Until otherwise designated in the State Plan, Designated State Entity responsibilities in Michigan will lie with Michigan Rehabilitative Services and the Bureau of Services for Blind Persons.

E. “Independent living services” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(18).

F. “Individual with a disability” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(20).

G. “Michigan Rehabilitation Services” means the bureau within the Department of Health and Human Services that serves as the state general rehabilitation agency for individuals with disabilities, except those who are blind, and that is responsible for administration of the vocational rehabilitation program under the Rehabilitation Act of 1964, 1964 PA 232, MCL 395.81 to 395.90.

H. “Bureau of Services for Blind Persons” means the bureau created as a Type II agency within the Department of Licensing and Regulatory Affairs by Executive Order 2012-5, MCL 445.2033.

I. “Personal assistance services” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC § 705(28).

J. “State Plan” means the state plan for independent living jointly developed by the Council and centers for independent living as required by Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c.

II. CREATION OF MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL

A. The Michigan Statewide Independent Living Council is created within the Executive Office of the Governor.

B. The Council shall include sixteen (16) members that provide statewide representation, represent a broad range of individuals with disabilities from diverse backgrounds and are knowledgeable about centers for independent living and independent living services.

C. The Council shall include the following eleven (11) voting members appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities:

1. One director of a center for independent living chosen by the directors of centers for independent living within this state.

2. One individual representing parents or guardians of individuals with disabilities.

3. One individual representing advocates of, and for, individuals with disabilities.

4. One individual representing organizations that provide services for individuals with disabilities, including, but not limited to, private businesses.

5. Seven other residents of this state including residents who represent the underserved or tribal communities.

D. In addition to the voting members of the Council appointed under Section II.C., the Council shall include the following five (5) non-voting ex officio members:

1. The Director or designee of Michigan Rehabilitation Services.

2. The Director of designee of the Bureau of Services for Blind Persons.

3. A representative from the Michigan Department of Civil Rights, designated by the Director of the Michigan Department of Civil Rights, who works in the Division on Deaf, Deafblind and Hard of Hearing.

4. A representative from the Michigan Department Education, designated by the Superintendent of Public Instruction, who works in the Office of Special Education.

5. A representative from the Department of Health and Human Services, designated by the Director of the Department of Health and Human Services, with knowledge of all programs within the Department of Health and Human Services impacting individuals with disabilities.

E. Of the voting members of the Council initially appointed by the Governor under Section II.C., three (3) members shall be appointed for a term expiring on December 31, 2017, four (4) members shall be appointed for a term expiring on December 31, 2018, and the remaining four (4) members shall be appointed for a term expiring on December 31, 2019. After the initial appointments, members shall be appointed for terms of three (3) years.

F. A majority of the voting members of the Council must be individuals with disabilities, as defined by 34 CFR Part 364, and not employed by any state agency or center for independent living.

G. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council.

H. No member of the Council appointed by the Governor under Section II.C. may serve more than two consecutive full terms.

III. CHARGE TO THE COUNCIL

A. The Council shall do all of the following:

1. Jointly develop and sign, in conjunction with the centers for independent living, along with Michigan Rehabilitation Services and Bureau of Services for Blind Persons acting as the Designated State Entities for the resource plan, the State Plan in compliance with Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c.

2. Monitor, review, and evaluate the implementation of the State Plan.

3. Ensure that all regularly scheduled meetings of the Council are open to the public and that sufficient advance notice is provided.

4. Work with centers for independent living to coordinate services with public and private entities to improve services provided to individuals with disabilities.

5. Conduct resource development activities to support the Council and the provision of independent living services by centers for independent living.

6. Submit reports to the United States Department of Health and Human Services as the Administrator of the Administration for Community Living may reasonably request. Keep records, and provide access to the records, as the Administrator finds necessary to verify the reports. Copies of any reports submitted under this paragraph shall be transmitted to the Governor and the members of the Council.

7. Perform other functions, consistent with the mission of the Council and state and federal law.

IV. OPERATIONS OF THE COUNCIL

A. The Council shall select from among the voting members of the Council a member to serve as Chairperson of the Council and may select from among the voting members of the Council other officers as the Council deems necessary.

B. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council’s business. The Council shall act by a majority vote of the voting members of the Council serving.

C. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council.

D. The Council shall hold hearings and forums as the Council determines necessary to carry out the duties of the Council.

E. The Council shall prepare, in conjunction with the Designated State Entities, a resource plan for the provision of resources, including staff and personnel, as may be necessary and sufficient to carry out the State Plan, with funds made available under Title VII of the Rehabilitation Act of 1973, as amended, and under Section 110 of Rehabilitation Act of 1973, 29 USC § 730, consistent with Section 101(a)(18) of the Rehabilitation Act of 1973, 29 USC § 721(a)(18), and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the resource plan.

F. The Council shall supervise and evaluate staff and personnel performing duties for the Council under the resource plan adopted under Section IV.E. as may be necessary to carry out the functions of the Council under this Order.

G. While assisting the Council in carrying out its duties, staff and other personnel performing duties pursuant to the resource plan adopted under Section IV.E. shall not be assigned duties by any other agency or office of this state that would create a conflict of interest.

H. In accordance with federal law, the Council may use resources available under the resource plan adopted under Section IV.H. to (1) reimburse members of the Council for reasonable and necessary expenses of attending Council meetings or (2) pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties.

I. The Council may enter into agreements with state departments and agencies to assist the Council in the performance of its duties and responsibilities under this Order.

J. Subject to the Governor’s approval, the Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance of its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures or the Civil Service Commission and the Department of Technology, Management and Budget.

K. The Council may accept donations of labor, services, or other things of value from any public or private agency or person.

L. All state departments and agencies shall cooperate, to their best ability, with the Council in the performance of its duties and responsibilities under this Order. The Council may request of state departments and agencies information and assistance as the Council requires in the performance of its duties and responsibilities under this Order.

M. Members of the Council and staff shall refer all legal, legislative, and media contacts relating to Council actions or activities to the Office of the Governor.

V. MISCELLANEOUS

A. Executive Order 2012-15 is rescinded. Executive Order 2007-49 is rescinded. Executive Order 1994-23, which was rescinded by Executive Order 2007-49, remains rescinded. Executive Order 1994-21, which was rescinded by Executive Order 1994-23, remains rescinded.

B. Any rules, orders, contracts, and agreements related to the Council lawfully in effect prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed.

C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.

D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

This Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 26th day of May, in the Year of our Lord Two Thousand Sixteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following message from the Governor was received and read:

May 26, 2016

I respectfully submit to the Senate the following appointments to office:

Chair - 21st Century Education Commission

Thomas J. Haas of 3035 James H. Zumberge Hall, Grand Rapids, Michigan 49401, county of Kent, is appointed for a term expiring at the pleasure of the Governor.

21st Century Education Commission

Alloyd Patrice Blackmon of 2339 Jacob Trail, Stevensville, Michigan 49127, county of Berrien, is appointed for a term expiring at the pleasure of the Governor.

David Jess Campbell of 3196 Jacob’s Circle, Kalamazoo, Michigan 49009, county of Kalamazoo, is appointed for a term expiring at the pleasure of the Governor.

JoAnn Chavez of 6499 Warren Road, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor.

Randall Davis of 576 Orchard Road, Marshall, Michigan 49098, county of Calhoun, is appointed for a term expiring at the pleasure of the Governor.

Conway A. Jeffress of 22760 Meadowbrook Road, Novi, Michigan 48375, county of Oakland, is appointed for a term expiring at the pleasure of the Governor.

Brandy M. Johnson of 220 M.A.C. #214, Suite 200, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring at the pleasure of the Governor.

Ann B. Kalass of 44071 Deep Hollow Circle, Northville, Michigan 48168, county of Wayne, is appointed for a term expiring at the pleasure of the Governor.

Douglas Luciani of 6623 Mathison Road, Traverse City, Michigan 49686, county of Grand Traverse, is appointed for a term expiring at the pleasure of the Governor.

Matthew Oney of 8998 Minnewasca Q Drive, Gladstone, Michigan 49837, county of Delta, is appointed for a term expiring at the pleasure of the Governor.

Douglas D. Ross of 2201 Rhine Road, West Bloomfield, Michigan 48323, county of Oakland, is appointed for a term expiring at the pleasure of the Governor.

Cynthia M. Schumacher of 3581 W. Rosebush Road, Mt. Pleasant, Michigan 48893, county of Isabella, is appointed for a term expiring at the pleasure of the Governor.

Kevin W. Stotts of 1230 Allerton Avenue, S.E., Grand Rapids, Michigan, 49506, county of Kent, is appointed for a term expiring at the pleasure of the Governor.

Roger Curtis of 6528 Slee Road, Onsted, Michigan 49265, county of Lenawee, is appointed for a term expiring at the pleasure of the Governor.

Thomas J. Haas of 3035 James H. Zumberge Hall, Grand Rapids, Michigan 49401, county of Kent, is appointed for a term expiring at the pleasure of the Governor.

Teresa L. Weatherall Neal of 4766 Chalet Lane, Wyoming, Michigan 49519, county of Kent, is appointed for a term expiring at the pleasure of the Governor.

Eileen L. Weiser of 855 Colliston Road, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator MacGregor as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4796, entitled

A bill to amend 1955 PA 133, entitled “An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States,” by amending sections 2 and 3 (MCL 32.272 and 32.273), section 3 as amended by 2008 PA 106.

House Bill No. 4656, entitled

A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 201.

House Bill No. 5521, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265.

Senate Bill No. 557, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28.

The bills were 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:

House Bill No. 4817, entitled

A bill to establish the Michigan junior achievement fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

Substitute (S-2).

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:

House Bill No. 4818, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.

Substitute (S-1).

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

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

Senate Bill No. 774, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 3115, 3123, 4116, and 6115 (MCL 289.2111, 289.3115, 289.3123, 289.4116, and 289.6115), section 2111 as amended by 2015 PA 61, section 3115 as amended by 2015 PA 142, section 3123 as amended by 2007 PA 113, and sections 4116 and 6115 as amended by 2007 PA 114.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 20, line 17, by striking out all of line 17 through line 19 and inserting:

“(i) 1 TO 20 LOCATIONS, $500.00.

(ii) 21 TO 50 LOCATIONS, $750.00.

(iii) 51 TO 75 LOCATIONS, $2,000.00.

(iv) MORE THAN 75 LOCATIONS, $3,000.00.”.

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. 878, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2011 PA 271.

Substitute (S-1).

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

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

Senate Bill No. 976, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 858, entitled

A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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. 901, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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 proceeded to the order of

Resolutions

Senator Kowall moved that consideration of the following resolutions be postponed for today:

House Concurrent Resolution No. 3

Senate Resolution No. 76

Senate Resolution No. 75

The motion prevailed.

Senator Green offered the following resolution:

Senate Resolution No. 186.

A resolution to memorialize the United States Congress to continue support for the 340B Drug Pricing Program.

Whereas, Since its enactment in 1992, the 340B Drug Pricing Program has provided necessary support to Michigan hospitals delivering medical services to vulnerable populations. The program provides financial relief from high prescription costs to these safety-net hospitals; and

Whereas, While the 340B program represents only 2 percent of approximately $375 billion in annual prescription drug purchases in the United States, it has critical benefits for patients and communities. The program has reaped an invaluable and life-saving return on its investment; and

Whereas, The 340B Drug Program has become a target by critics in the pharmaceutical industry. Some have suggested that scaling back the program would save costs by reducing the number of eligible hospitals and the types of patients that can be served under the program; and

Whereas, Michigan hospitals, patients, and communities depend on the 340B program. Any effort to reduce support or to scale back this program could considerably harm vulnerable patients in communities throughout this state. It is vital in the effort to help Michigan hospitals stretch scarce resources to improve access to care; now, therefore, be it

Resolved by the Senate, That we memorialize the United States Congress to continue support for the 340B Drug Pricing Program; and be it further

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

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

Senator Kowall moved that the rule be suspended.

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

The question being on the adoption of the resolution,

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

The motion prevailed.

Senators Booher and Brandenburg were named co‑sponsors of the resolution.

Senate Concurrent Resolution No. 14.

A concurrent resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues.

(For text of resolution, see Senate Journal No. 46 of 2015, p. 708.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:

Senate Bill No. 557

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

Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 189

Senate Bill No. 190

Senate Bill No. 886

Senate Bill No. 647

Senate Bill No. 833

House Bill No. 4578

Senate Bill No. 954

Senate Bill No. 557

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 189, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197.

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. 340 Yeas—31

Ananich Hansen MacGregor Rocca

Booher Hertel Marleau Schmidt

Brandenburg Hildenbrand Meekhof Schuitmaker

Casperson Hune Nofs Shirkey

Colbeck Johnson O’Brien Stamas

Emmons Jones Pavlov Young

Green Knollenberg Proos Zorn

Gregory Kowall Robertson

Nays—5

Bieda Hopgood Knezek Warren

Hood

Excused—0

Not Voting—1

Horn

In The Chair: President

Senator Kowall 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,

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

Roll Call No. 341 Yeas—34

Ananich Hansen Kowall Robertson

Bieda Hertel MacGregor Rocca

Booher Hildenbrand Marleau Schmidt

Brandenburg Horn Meekhof Schuitmaker

Casperson Hune Nofs Shirkey

Colbeck Johnson O’Brien Stamas

Emmons Jones Pavlov Young

Green Knezek Proos Zorn

Gregory Knollenberg

Nays—3

Hood Hopgood Warren

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 190, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 123 (MCL 24.323), as added by 1984 PA 196.

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. 342 Yeas—34

Ananich Hansen Kowall Robertson

Bieda Hertel MacGregor Rocca

Booher Hildenbrand Marleau Schmidt

Brandenburg Horn Meekhof Schuitmaker

Casperson Hune Nofs Shirkey

Colbeck Johnson O’Brien Stamas

Emmons Jones Pavlov Young

Green Knezek Proos Zorn

Gregory Knollenberg

Nays—3

Hood Hopgood Warren

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 886, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, 115, and 122 (MCL 24.271, 24.272, 24.280, 24.287, 24.315, and 24.322), section 71 as amended by 1984 PA 28, section 80 as amended by 1984 PA 196, section 115 as amended by 1996 PA 489, and section 122 as amended by 2011 PA 247.

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. 343 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 647, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168.

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. 344 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 833, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213.

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. 345 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4578, entitled

A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 3 (MCL 123.1133), as amended by 2003 PA 135.

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. 346 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 954, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2001, 2004, and 2012 (MCL 339.2001, 339.2004, and 339.2012), section 2001 as amended by 1998 PA 218, section 2004 as amended by 2009 PA 143, and section 2012 as amended by 2002 PA 495; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Booher offered the following amendment:

1. Amend page 1, line 1, by striking out all of section 2001.

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. 347 Yeas—36

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Emmons Hune Nofs Stamas

Green Johnson O’Brien Warren

Gregory Jones Pavlov Young

Hansen Knezek Proos Zorn

Nays—1

Colbeck

Excused—0

Not Voting—0

In The Chair: President

Senator Booher offered to amend the title to read as follows:

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2004 and 2012 (MCL 339.2004 and 339.2012), section 2004 as amended by 2009 PA 143 and section 2012 as amended by 2002 PA 495; and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

Senate Bill No. 557, entitled

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. 348 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Ananich, Hansen, Hood, Gregory, Johnson, Young, Hertel, Hopgood, Warren and Knezek introduced

Senate Bill No. 999, entitled

A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 4 (MCL 390.1664), as added by 2016 PA 9.

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

Senators Warren, Ananich, Hood, Bieda, Hertel and Knezek introduced

Senate Bill No. 1000, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2013 PA 147.

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

Senators Warren, Ananich, Hood, Bieda and Knezek introduced

Senate Bill No. 1001, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2013 PA 147.

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

Senators Warren, Ananich, Hood, Bieda and Knezek introduced

Senate Bill No. 1002, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2013 PA 147.

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

Senators Warren, Ananich, Hood, Bieda, Hertel and Knezek introduced

Senate Bill No. 1003, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269.

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

Senators Warren, Ananich, Hood, Bieda, Hertel and Knezek introduced

Senate Bill No. 1004, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 62a.

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

Senators Hertel and Jones introduced

Senate Bill No. 1005, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463.

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

Senator Knezek introduced

Senate Bill No. 1006, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 11 (MCL 388.1611), as amended by 2015 PA 139, and by adding section 22m.

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

Senator Jones introduced

Senate Bill No. 1007, entitled

A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 7 (MCL 550.1837).

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

Senator Hildenbrand introduced

Senate Bill No. 1008, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2015 PA 57.

The bill was read a first and second time by title.

Senator Kowall 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. 5164, entitled

A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 241 (MCL 560.241), as amended by 1998 PA 549.

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 and referred to the Committee on Banking and Financial Institutions.

House Bill No. 5165, entitled

A bill to amend 1895 PA 107, entitled “An act to provide for recording in the offices of registers of deeds certified copies of judgments and decrees of courts of record and making the record thereof evidence in courts, and making such records heretofore made like evidence,” by amending section 2 (MCL 565.412).

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 and referred to the Committee on Banking and Financial Institutions.

House Bill No. 5230, entitled

A bill to make certain indemnity contracts relating to snowplow and deicing services void and unenforceable.

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 and referred to the Committee on Judiciary.

House Bill No. 5571, entitled

A bill to authorize the state administrative board to accept and convey property in Calhoun County; to prescribe conditions for the acceptance and conveyance of the property; and to provide for disposition of revenue.

The House of Representatives has passed the bill by a 2/3 vote and ordered that it be given immediate effect.

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

House Bill No. 5649, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2015 PA 220.

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 and referred to the Committee on Judiciary.

House Bill No. 5650, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7404 (MCL 333.7404), as amended by 2015 PA 220.

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 and referred to the Committee on Judiciary.

Recess

Senator Kowall moved that the Senate recess until 2:00 p.m.

The motion prevailed, the time being 11:36 a.m.

The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

Recess

Senator Kowall moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 2:01 p.m.

5:34 p.m.

The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.

Statements

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

The motion prevailed.

Senator Colbeck’s statement is as follows:

This past week, there was a common theme expressed in the Memorial Day parades and services by those who have served our country. What was that theme? Anxiety. What are they anxious about? In a word, they are anxious about America.

This anxiety was expressed by several veterans over the past week, but one of the most emotional expressions was by Pops, a World War II veteran I met at the Northville Memorial Service. Pops took me by the hand, looked me straight in the eye, and, almost pleadingly, asked me to work hard to restore the morals and values that made America truly exceptional. It was a powerful message as he stood in uniform amid the graves of fallen soldiers at the Northville Rural Hill Cemetery.

The encounter reminded me of a scene in the movie “Saving Private Ryan.” It was the scene near the end of the movie where Captain Miller, in his dying breath, says to Private Ryan, “Earn this.” It is clear to these veterans as watchmen on the wall that we are in a battle for the soul of our nation. Not everyone sees it, but they do. It is a battle of good versus evil. It is a battle not of munitions, but rather one of words and of principles and values. It is a battle for all the remaining good in a nation that is increasingly turning its back on God.

Unfortunately, too many of us are oblivious to this battle. Some choose to ignore it or dismiss it as partisan bickering. Some clam up because they fear being labeled a racist or a bigot by people who seek to shut down discussion to push their agendas. Some people choose to focus on the battle in D.C. They believe that it is our choice of the next President that will determine who wins the battle.

That focus ignores the true nature, true scope, and true breadth of this battle. It is not limited to D.C. The battle is right here in Michigan, right now. It is in our schools, in our churches, and in our workplaces. It is in our town halls and the halls and chambers of this Capitol. We cannot afford to neglect the home front.

It is in this spirit that I would like to reflect once again on the movie “Saving Private Ryan.” Several years ago, my wife and I had the good fortune to visit the Normandy American Cemetery and Memorial near St. Laurent, France, that was featured in the movie. The cemetery, full of white marble crosses and Jewish stars in perfect alignment, rests on a hill that overlooks Omaha Beach. It is a very humbling and awe-inspiring environment.

The final scene of the movie takes place in this environment. In this scene, an elderly Private Ryan is seen staring at the white marble cross of Captain Miller. Full of tears before this cross, he says, “I hope that at least in your eyes, I’ve earned what all of you have done for me.” This is where Hollywood got it wrong, as it tends to nowadays.

It is not our veterans who need to earn this. Many of them have already given their last measure. It is you and I who need to earn this. We can no longer afford to be silent in this battle for the soul of our nation. We can no longer stand silent as our enemy calls evil good and good evil. We need to rededicate ourselves to the beliefs found within our Declaration of Independence that gave birth to this nation of the people, by the people, and for the people. We need to rededicate ourselves to the principles of limited government found in our Constitution and to the principle that the government works for We the People, not the other way around.

We have been blessed with the immeasurable gift of freedom. Many of us have been born into this blessing. We cannot take this blessing for granted. It is time each of us wakes up and speaks out boldly against the fundamental transformation of America. It is time for each of us to earn this.

Committee Reports

The Committee on Energy and Technology reported

Senate Bill No. 437, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6a, 6j, 6s, 10, 10a, 10f, 10p, 10r, and 10t (MCL 460.6a, 460.6j, 460.6s, 460.10, 460.10a, 460.10f, 460.10p, 460.10r, and 460.10t), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and section 6s as added by 2008 PA 286, section 6j as amended by 1987 PA 81, and sections 10f and 10t as added by 2000 PA 141, and by adding section 6t; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

Mike Nofs

Chairperson

To Report Out:

Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Hune and Zorn

Nays: Senator Shirkey

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

The Committee on Energy and Technology reported

Senate Bill No. 438, entitled

A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending the title, the headings of subparts B and C of part 2 and part 5, and sections 1, 3, 5, 7, 9, 11, 13, 41, 47, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1041, 460.1047, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 72, 74, 77a, 78, 89a, 91a, 98, and 99, and part 7; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

Mike Nofs

Chairperson

To Report Out:

Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Hune, Shirkey and Zorn

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 Energy and Technology submitted the following:

Meeting held on Wednesday, May 25, 2016, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda

The Committee on Michigan Competitiveness reported

Senate Bill No. 937, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 8a.

With the recommendation that the bill pass.

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

Mike Shirkey

Chairperson

To Report Out:

Yeas: Senators Shirkey, Proos and Warren

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Michigan Competitiveness reported

Senate Bill No. 940, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b.

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.

Mike Shirkey

Chairperson

To Report Out:

Yeas: Senators Shirkey, Proos and Warren

Nays: None

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

The Committee on Michigan Competitiveness reported

Senate Bill No. 941, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191, and by adding section 44a.

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.

Mike Shirkey

Chairperson

To Report Out:

Yeas: Senators Shirkey, Proos and Warren

Nays: None

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

The Committee on Michigan Competitiveness reported

Senate Bill No. 947, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33 and 34d (MCL 791.233 and 791.234d), section 33 as amended by 1998 PA 320 and section 34d as added by 2014 PA 359.

With the recommendation that the bill pass.

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

Mike Shirkey

Chairperson

To Report Out:

Yeas: Senators Shirkey, Proos and Warren

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Michigan Competitiveness submitted the following:

Meeting held on Thursday, May 26, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Shirkey (C), Proos and Warren

Excused: Senators Stamas and Robertson

The Committee on Transportation reported

Senate Bill No. 432, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by adding section 96.

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.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

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

The Committee on Transportation reported

Senate Bill No. 433, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 3 (MCL 259.3), as amended by 2002 PA 35.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 557, entitled

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 958, entitled

A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 23 (MCL 474.123), as amended by 1989 PA 233.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 977, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 55 (MCL 256.675).

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 978, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 312j.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 994, entitled

A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending sections 8 and 9 (MCL 259.8 and 259.9), as amended by 2002 PA 35, and by adding section 97.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 4047, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a.

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.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

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

The Committee on Transportation reported

House Bill No. 4653, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 5250, entitled

A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305).

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Thursday, May 26, 2016, at 8:30 a.m., Room 210, Farnum Building

Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Community Colleges (SB 784) submitted the following:

Meeting held on Thursday, May 26, 2016, at 11:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Booher (C), Schuitmaker, and Knezek

COMMITTEE ATTENDANCE REPORT

The Committee on Veterans, Military Affairs and Homeland Security submitted the following:

Meeting held on Thursday, May 26, 2016, at 1:00 p.m., Room 100, Farnum Building

Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Environmental Quality (SB 787) submitted the following:

Meeting held on Thursday, May 26, 2016, at 2:30 p.m., Room 402 and 403, Capitol Building

Present: Senators Green (C), MacGregor and Hopgood

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Transportation (HB 5329) submitted the following:

Meeting held on Tuesday, May 31, 2016, at 9:30 a.m., Room 426, Capitol Building

Present: Senators Hansen, Knollenberg and Young

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Insurance and Financial Services (HB 5306) submitted the following:

Meeting held on Tuesday, May 31, 2016, at 9:50 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Knollenberg and Marleau

Excused: Senator Young

COMMITTEE ATTENDANCE REPORT

The Conference Committee on School Aid (SB 796) submitted the following:

Meeting held on Tuesday, May 31, 2016, at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hansen (C), Hildenbrand and Hopgood

COMMITTEE ATTENDANCE REPORT

The Conference Committee on Education (SB 786) submitted the following:

Meeting held on Tuesday, May 31, 2016, at 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor Capitol Building

Present: Senators Hansen (C), Hildenbrand and Hopgood

COMMITTEE ATTENDANCE REPORT

The Committee on Local Government submitted the following:

Meeting held on Tuesday, May 31, 2016, at 12:30 p.m., Room 100, Farnum Building

Present: Senators Zorn (C), Proos and Rocca

Excused: Senators Brandenburg and Young

Scheduled Meetings

Conference Committees -

Corrections (HB 5272) - Wednesday, June 1, 9:30 a.m., Room 426, Capitol Building (373-8080)

General Government (HB 5276) - Wednesday, June 1, 8:15 a.m., 3rd Floor, House Appropriations Room, Capitol Building (373-8080)

Higher Education (SB 790) - Wednesday, June 1, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Judiciary (SB 792) - Wednesday, June 1, 8:30 a.m., Room 405, Capitol Building (373-2768)

Natural Resources (SB 795) - Wednesday, June 1, 9:30 a.m., Room 110, Farnum Building (373-2768)

Criminal Justice Policy Commission - Wednesday, June 1, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Senate Fiscal Agency Board of Governors - Thursday, June 9, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 5:39 p.m.

The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, June 1, 2016, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

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