No. 58
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2017
Senate Chamber, Lansing, Wednesday, June 14, 2017.
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 Hood—present O’Brien—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Horn—present Proos—present
Brandenburg—excused Hune—present Robertson—present
Casperson—present Johnson—present Rocca—present
Colbeck—present Jones—present Schmidt—present
Conyers—present Knezek—present Schuitmaker—present
Emmons—present Knollenberg—present Shirkey—present
Green—present Kowall—present Stamas—present
Gregory—present MacGregor—present Warren—present
Hansen—present Marleau—present Young—present
Hertel—present Meekhof—present Zorn—present
Hildenbrand—present Nofs—present
Pastor Lila Martin of Trinity African Methodist Episcopal Church of Lansing offered the following invocation:
Eternal Creator, we bow before You today with humble thanksgiving for the blessings that You have bestowed upon each of us. We come before Your presence asking You to touch with Your hand of love, for love makes the difference in all that we do and say. We pray that You will bless these lawmakers. Remind them that it’s not about them. It is all about the people who elected them. Remind them that the decisions they make should be for the good of the communities they are representing. Therefore, we ask You to guide and direct this leadership of this governmental body in every way. Thank You for hearing us today. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Booher entered the Senate Chamber.
Senator Kowall moved that Senators Casperson, Hildenbrand, Hune and Nofs be temporarily excused from today’s session.
The motion prevailed.
Senator Kowall moved that Senator Brandenburg be excused from today’s session.
The motion prevailed.
Senator Hood moved that Senators Ananich, Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Nofs entered the Senate Chamber.
The following communication was received:
Office of Senator Ken Horn
June 2, 2017
I respectfully request that I be removed as a co‑sponsor of Senate Bill 363, introduced by Senator Rick Jones. Please take steps to formally process my removal as soon as possible.
Thank you for your assistance in this matter.
Sincerely,
Ken Horn
State Senator
32nd District
The communication was referred to the Secretary for record.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Stamas and Warren admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
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.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, June 13:
House Bill Nos. 4403 4405 4406 4407 4408 4508
The Secretary announced that the following bills were printed and filed on Tuesday, June 13, and are available at the Michigan Legislature website:
Senate Bill Nos. 447 448 449
House Bill Nos. 4744 4745 4746 4747 4748 4749 4750 4751 4752 4753 4754
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.
10:52 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Casperson, Hildenbrand, Ananich, Hune, Johnson and Young entered the Senate Chamber.
Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Hansen admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:53 a.m.
11:49 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Recess
Senator Kowall moved that the Senate recess until 2:45 p.m.
The motion prevailed, the time being 11:50 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:46 p.m.
3:20 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bill:
House Bill No. 4323, 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, 2018; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Kowall moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:
House Bill No. 4323
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 3:21 p.m.
3:26 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Stamas 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:
Senate Bill No. 278, entitled
A bill entering into the interstate library compact; and for related purposes.
House Bill No. 4013, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 223 (MCL 257.223), as amended by 2007 PA 143.
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. 4323, 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, 2018; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
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. 356, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 502.
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:
Senate Bill No. 357, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 609c.
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:
Senate Bill No. 358, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610a.
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:
House Bill No. 4325, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1204a and 1204c (MCL 500.1204a and 500.1204c), section 1204a as amended by 2008 PA 575 and section 1204c as amended by 2008 PA 574; and to repeal acts and parts of acts.
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
Senator Kowall moved that consideration of the following bill be postponed for today:
Senate Bill No. 35
The motion prevailed.
Senate Bill No. 159, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2016 PA 72.
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. 239, entitled
A bill to amend 1925 PA 12, entitled “An act to provide for the laying out and establishing of additional trunk line mileage; to make all roads that have been improved as federal aid projects, and all roads that have been, or that may hereafter be, approved for federal aid, trunk line highways; to provide for the widening, altering or straightening of trunk line highways; to provide for the abandonment, alteration or change of any portion of the trunk line highway; and to repeal all acts and parts of acts inconsistent herewith,” (MCL 250.111 to 250.115) by adding section 3.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
House Bill No. 4323
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:
House Bill No. 4323
Senate Bill No. 352
Senate Bill No. 433
Senate Bill No. 354
The motion prevailed.
The following bill was read a third time:
House Bill No. 4323, 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, 2018; to provide for certain conditions on the appropriations; and to provide for the expenditure of the appropriations.
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. 250 Yeas—26
Booher Horn Meekhof Rocca
Casperson Hune Nofs Schmidt
Colbeck Jones O’Brien Schuitmaker
Emmons Knollenberg Pavlov Shirkey
Green Kowall Proos Stamas
Hansen MacGregor Robertson Zorn
Hildenbrand Marleau
Nays—11
Ananich Gregory Hopgood Warren
Bieda Hertel Johnson Young
Conyers Hood Knezek
Excused—1
Brandenburg
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. 352, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156), section 9155 as added by 2012 PA 342 and section 9156 as added by 2012 PA 343.
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—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Casperson Hopgood Marleau Schuitmaker
Colbeck Horn Meekhof Shirkey
Conyers Hune Nofs Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Brandenburg
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. 433, entitled
A bill to amend 2016 PA 281, entitled “Medical marihuana facilities licensing act,” by amending section 402 (MCL 333.27402).
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—37
Ananich Hertel Knollenberg Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood MacGregor Schmidt
Casperson Hopgood Marleau Schuitmaker
Colbeck Horn Meekhof Shirkey
Conyers Hune Nofs Stamas
Emmons Johnson O’Brien Warren
Green Jones Pavlov Young
Gregory Knezek Proos Zorn
Hansen
Nays—0
Excused—1
Brandenburg
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. 354, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811ll.
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 Knollenberg Proos
Bieda Hildenbrand Kowall Robertson
Booher Hopgood MacGregor Schmidt
Casperson Horn Marleau Schuitmaker
Colbeck Hune Meekhof Shirkey
Conyers Johnson Nofs Stamas
Emmons Jones O’Brien Young
Green Knezek Pavlov Zorn
Gregory
Nays—4
Hertel Hood Rocca Warren
Excused—1
Brandenburg
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
Messages from the Governor
The following message from the Governor was received on June 13, 2017, and read:
EXECUTIVE ORDER
No. 2017-4
Governor’s Task Force on Child Abuse and Neglect
Department of Health and Human Services
Rescission of Executive Order 2013-4
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 107 of the federal Child Abuse Prevention and Treatment Act, as amended by the federal Keeping Children and Families Safe Act of 2003, Public Law 108-36, 42 USC 5106c, authorizes grants to states for the purpose of assisting states in developing, establishing, and operating programs designed to improve: (1) the handling of child abuse and neglect cases, particularly cases of child sexual abuse and exploitation, in a manner that limits additional trauma to the child victim; (2) the handling of cases of suspected child abuse - or neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, particularly child sexual abuse and exploitation; and (4) the handling of cases involving children with disabilities or serious health-related problems who are victims of abuse or neglect; and
WHEREAS, to qualify for grants to states under Section 107 of the federal Child Abuse Prevention and Treatment Act, a state must establish or designate and maintain a multidisciplinary task force on children’s justice; and
WHEREAS, Executive Order 1991-38 created the Governor’s Task Force on Children’s Justice within the Executive Office and was amended by Executive Order 1993-8; and
WHEREAS, Executive Order 2010-18 rescinded Executive Orders 1991-38 and 1993-8 and established the Governor’s Task Force on Child Abuse and Neglect within the Department of Human Services; and
WHEREAS, Executive Order 2013-4 rescinded Executive Order 2010-18 and re-established the Governor’s Task Force on Child Abuse and Neglect within the Department of Human Services; and
WHEREAS, because this state remains committed to continual improvement in the handling of child abuse and neglect cases and to securing federal funding for such efforts, it is appropriate to refocus the activities of the Governor’s Task Force on Child Abuse and Neglect established by Executive Order 2013-4 through a newly-focused Governor’s Task Force on Child Abuse and Neglect; and
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. RESCISSION OF EXECUTIVE ORDER 2013-4
A. Executive Order 2013-4 is rescinded.
B. Any rules, orders, contracts, or agreements related to the Governor’s Task Force on Child Abuse and Neglect established by Executive Order 2013-4 lawfully in effect before the effective date of this Order shall continue to be effective until revised, amended, or repealed.
II. CREATION OF THE TASK FORCE
A. The Governor’s Task Force on Child Abuse and Neglect (“Task Force”) is established within the Department of Health and Human Services (“Department”).
B. The Task Force is designated as the multidisciplinary task force for this state for purposes of Section 107(c) of the federal Child Abuse Prevention and Treatment Act, 42 USC 5106c(c).
C. The Task Force shall consist of at least 18 members appointed by the Governor and shall be composed of professionals with knowledge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment-related fatalities. Membership shall include the Director of the Department, or his or her designee, and shall include all of the following:
1. Individuals representing the law enforcement community;
2. Judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect (including individuals involved with the defense as well as the prosecution of such cases);
3. Child advocates, including both attorneys for children and, where such programs are in operation, court appointed special advocates;
4. Health professionals;
5. Mental health professionals;
6. Individuals representing child protective service agencies;
7. Individuals experienced in working with children with disabilities;
8. Parents and representatives of parents’ groups;
9. Adult former victims of child abuse or neglect; and
10. Individuals experienced in working with homeless children and youths (as defined in Section 725 of the McKinney‑Vento Homeless Assistance Act, 42 USC 11434a).
D. Of the members of the Task Force appointed under Section II. C., one-third of the members shall be appointed for a term expiring on December 31, 2017; one-third of the members shall be appointed for a term expiring on December 31, 2018; and one-third of the members shall be appointed for a term expiring on December 31, 2019. After the initial appointments, members of the Task Force shall be appointed for terms of three years.
E. A vacancy on the Task Force 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 member of the Task Force may be reappointed for subsequent additional terms.
F. The Governor shall designate a member of the Task Force to serve as Chairperson of the Task Force. The Chairperson of the Task Force shall appoint a member of the Task Force to serve as Vice-Chairperson at the pleasure of the Chairperson.
G. The Chairperson may establish and disband committees consisting of members of the Task Force as deemed necessary.
H. Members who attend less than 66% of the scheduled meetings in any calendar year shall be considered to have vacated their appointment. Upon notification, the Governor shall fill the vacancy in the same manner as the original appointment.
III. CHARGE TO THE TASK FORCE
A. At least once every 3 years, the Task Force shall comprehensively review and evaluate state investigative and administrative handling, civil judicial handling, and criminal judicial handling of all of the following:
1. Cases of child abuse and neglect, particularly child sexual abuse and exploitation.
2. Cases involving suspected child maltreatment-related fatalities.
3. Cases of child abuse and neglect involving a potential combination of jurisdictions, including, but not limited to, interstate, federal-state, and state-tribal.
B. At least once every 3 years, the Task Force shall comprehensively make policy and training recommendations to the Governor, the Michigan Supreme Court, and the Michigan Legislature in each of the following categories:
1. Investigative, administrative, and judicial handing of all of the following in a manner that reduces any additional trauma to a child victim and the victim’s family and that also ensures procedural fairness to the accused:
a. Cases of child abuse and neglect, particularly child sexual abuse and exploitation.
b. Cases involving suspected child maltreatment-related fatalities.
c. Cases of child abuse and neglect involving a potential combination of jurisdictions, including, but not limited to, interstate, federal-state, and state-tribal.
2. Experimental, model, and demonstration programs for testing innovative approaches and techniques that improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of the performance of court-appointed attorneys and guardians ad litem for children, and that also ensure procedural fairness to the accused.
3. Reform of state laws, ordinances, regulations, protocols, procedures, and rules to provide comprehensive protection for children from abuse, particularly child sexual abuse and exploitation, while ensuring fairness to all affected persons.
C. The Task Force shall function as a statewide coordinating council to oversee the implementation of recommendations of the Task Force under Section III. B. Acting as the statewide coordinating council, the Task Force shall develop both of the following:
1. Model statewide protocols adaptable to local needs.
2. A statewide comprehensive initiative to disseminate and encourage the proper use of protocols and to educate the public about child abuse and neglect, particularly child sexual abuse and exploitation.
D. The Task Force shall make other recommendations relating to child abuse and neglect to the Governor, the Michigan Supreme Court, and the Michigan Legislature that the Task Force considers relevant and useful.
E. The Task Force shall coordinate with the Task Force on the Prevention of Sexual Abuse of Children created by Public Act 593 of 2012.
F. The Task Force shall perform other functions related to the Task Force’s duties as requested by the Governor.
IV. OPERATIONS OF THE TASK FORCE
A. The Task Force shall be staffed and assisted by personnel from the Department, subject to available funding. Any budgeting, procurement, or related management functions of the Task Force shall be performed under the direction and supervision of the Director of the Department and the Chairperson of the Task Force.
B. The Task Force shall adopt procedures consistent with applicable law and this Order governing its organization and operations.
C. A majority of the members serving shall constitute a quorum for the transaction of the Task Force’s business. The Task Force shall act by a majority vote of its members in attendance.
D. The Task Force shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Task Force.
E. The Task Force may establish subcommittees of Task Force members and advisory workgroups composed of public officers, public employees, or members of the public who are not members of the Task Force. The Task Force may adopt, reject, or modify any recommendations proposed by a subcommittee or an advisory workgroup.
F. The Task Force may, as appropriate, make inquiries, conduct studies or investigations, hold hearings, and receive comments from the public. The Task Force also may consult with outside experts in order to perform its duties including, but not limited to, experts in the private sector, organized labor, government agencies, tribal governments, and at institutions of higher education.
G. Members of the Task Force shall serve without compensation. Members of the Task Force may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.
H. The Task Force may hire or retain contractors, subcontractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties, in accordance with this Order, and the relevant statutes, rules, and procedures of the Michigan Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.
I. The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person.
J. Members of the Task Force shall refer all legal, legislative, and media contacts to the Department.
V. MISCELLANEOUS
A. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order. Any such suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
B. 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 Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 13th day of June, in the year of our Lord, two thousand and seventeen.
Richard D. Snyder
Governor
By the Governor:
Ruth A. Johnson
Secretary of State
The executive order was referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Kowall moved that consideration of the following resolutions be postponed for today:
Senate Concurrent Resolution No. 10
Senate Resolution No. 36
House Concurrent Resolution No. 3
The motion prevailed.
Senator Hertel offered the following resolution:
Senate Resolution No. 75.
A resolution to amend the Standing Rules of the Senate.
Resolved by the Senate, That Rule 3.902 of the Standing Rules of the Senate is hereby amended to read as follows:
“3.902 FLOOR PRIVILEGE AND CONDUCT
A) A session of the Senate shall be defined, for the purposes of this rule, as any period of time when the Senate is in session, any recess, and any fifteen (15)-minute period before the Senate convenes and five (5) minutes after it adjourns. The Senate floor is defined as the Senate Chamber and adjoining Rooms S212, S204 (E. Lakin Brown Room), S204A, S201, and S207. Access to the Senate floor shall be restricted as outlined below during any session of the Senate, except that members of the public are permitted in Room S204 when a scheduled press conference is held there during session.
1) No person, other than the following, shall be admitted to the Senate floor:
a) Senators or Representatives
b) The President of the Senate
c) The Governor
d) Senators or Representatives in Congress
e) Former Michigan Legislators
f) The Secretary of the Senate and his or her support staff
g) Legislative staff as authorized in guidelines issued by the Senate Majority Leader
h) One (1) representative of the Governor, which shall include the Attorney General or their staff and the Secretary of State and their staff
i) Members of the immediate family of a Senator or the President of the Senate
j) Registered members of the media pursuant to Rule 3.901
k) A guest who has been invited by a Senator to offer the invocation, and an immediate family member of that guest.
2) No registered lobbyist or lobbyist agent, including former Legislators, shall be allowed on the Senate floor. They shall not be allowed in the hallway behind the Senate rostrum, unless en route to or from the Lieutenant Governor’s Office (S215) or the Elijah Myers Room (S208).
3) A former Legislator shall not lobby on the Senate floor, except if they are admitted under Senate Rule 3.902 A) 1) g) or h).
B) No person shall engage in any conduct on the Senate floor during any session of the Senate which undermines the decorum of the Senate. All persons who are admitted to the Senate floor shall observe the following guidelines:
1) No Senator shall speak until recognized by the presiding officer, unless the Senator rises to make a point of order.
2) Except as otherwise outlined in other Senate rules, no Senator shall speak on any matter not properly before the Senate.
3) No Senator shall speak more than twice in any one (1) debate on the same day, without leave of the Senate, except the Senator who sponsored the matter under consideration, the Senator who sponsored the bill, resolution, or alternative measure if an amendment is under consideration, the chairperson of the committee which reported it and the chairperson of the subcommittee which considered the matter. Each speech shall not exceed five (5) minutes or, if submitted in writing, shall not exceed one thousand (1,000) words, except there is no limit on the length of an oral dissent statement.
4) No Senator shall speak impertinently or submit in writing impertinent statements, attack the motives of any Senator who proposes or advocates a particular position, use indecent language or other disorderly words, or refer to another Senator by name in a disparaging way.
5) No Senator shall use a display, exhibit, or prop on the Senate floor during discussions, debate, statements, or the announcement of the introduction of a bill, resolution, or alternative measure.
6) No person other than a Senator, the President of the Senate, the Secretary and Assistant Secretary of the Senate, or the Sergeants at Arms shall pass through the well of the Senate Chamber which is immediately in front of the Senate rostrum.
7) No person shall pass between the presiding officer and a Senator who is speaking.
8) No person other than a Senator, the President of the Senate, the Secretary of the Senate, or the Sergeants at Arms shall use the center aisle of the Chamber.
9) No person other than a Senator shall sit in a Senator’s chair.
10) No staff shall be allowed on the Senate floor unless they wait in the majority or minority lounge or the lounge at the rear of the Chamber until they are needed by a Senator and shall then be seated at a Senator’s desk.
11) No member of the media shall be allowed on the Senate floor unless he or she is in the media’s designated area, except as otherwise provided in Rule 3.901.
12) No smoking shall be permitted on the Senate floor.
13) All individual electronic devices shall be turned off or on non-audible alert during Senate session. Failure to follow a warning issued by the presiding officer or Chair may result in the device(s) being confiscated for the duration of the session upon direction of the presiding officer or Chair.
14) THE PRESIDING OFFICER OR CHAIR SHALL NOT USE INDIVIDUAL ELECTRONIC DEVICES WHILE PRESIDING.”.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
Senator Conyers was named co‑sponsor of the resolution.
Introduction and Referral of Bills
Senator Shirkey introduced
Senate Bill No. 450, entitled
A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as amended by 2016 PA 45.
The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness.
Senators Warren, Gregory, Hopgood, Hertel, Ananich, Conyers and Knezek introduced
Senate Bill No. 451, entitled
A bill to define certain rights of women regarding abortions; to prevent the enforcement of laws and administrative rules that place a burden on a woman’s access to abortion; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Warren, Gregory, Hopgood, Hertel, Ananich, Conyers and Knezek introduced
Senate Bill No. 452, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17015 and 17015a (MCL 333.17015 and 333.17015a), section 17015 as amended and section 17015a as added by 2012 PA 499; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Warren, Gregory, Hopgood, Hertel, Ananich, Conyers and Knezek introduced
Senate Bill No. 453, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20181 (MCL 333.20181) and by adding section 20184a.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Hertel, Warren, Gregory, Bieda, Hopgood, Ananich, Conyers and Knezek introduced
Senate Bill No. 454, entitled
A bill to repeal 2013 PA 182, entitled “Abortion Insurance Opt-Out Act,” (MCL 550.541 to 550.551).
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Conyers and Casperson introduced
Senate Bill No. 455, entitled
A bill to amend 1932 (1st Ex Sess) PA 40, entitled “An act to provide for the designation of depositories for public moneys; to prescribe the effect thereof on the liability for such deposits; to suspend the requirement of surety bonds from depositories of public moneys; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” by amending sections 1, 2, 4, and 6 (MCL 129.11, 129.12, 129.14, and 129.16), sections 2 and 4 as amended and section 6 as added by 1997 PA 33; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Local Government.
Senator Knezek introduced
Senate Bill No. 456, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 676b (MCL 257.676b).
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Proos, Hansen and Emmons introduced
Senate Bill No. 457, entitled
A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending section 5 (MCL 252.305), as amended by 1998 PA 533.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator Knezek introduced
Senate Bill No. 458, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senator Zorn introduced
Senate Bill No. 459, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 20a.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Zorn and Marleau introduced
Senate Bill No. 460, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 82a.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Schmidt, Hertel, Knezek, Kowall and Brandenburg introduced
Senate Bill No. 461, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 310 (MCL 750.310).
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators Hertel, Schmidt, Knezek, Kowall and Brandenburg introduced
Senate Bill No. 462, entitled
A bill to regulate the conduct of fantasy sports games; to protect Michigan participants in fantasy sports games; to require licensing of the operators of fantasy sports games; to impose fees on the operators of fantasy sports games; to provide for the powers and duties of certain state governmental officers and entities; to prohibit violations of this act; and to prescribe civil sanctions.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
House Bill No. 4403, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2016 PA 551.
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 Health Policy.
House Bill No. 4405, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17751a.
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 Health Policy.
House Bill No. 4406, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7113a.
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 Health Policy.
House Bill No. 4407, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1170b.
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 Health Policy.
House Bill No. 4408, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), as amended by 2016 PA 379, and by adding section 7303b.
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 Health Policy.
House Bill No. 4508, entitled
A bill to create a program under which volunteers may provide services to organizations in this state to respond to cybersecurity incidents; to provide for protection from liability for personal injury and property damage; to provide for the powers and duties of state governmental officers and agencies; and to create the Michigan cyber civilian corps advisory board and prescribe its powers and duties.
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 Energy and Technology.
Statements
Senators O’Brien and Jones asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator O’Brien’s statement, in which Senator Hansen concurred, is as follows:
I wish, if I might, to discuss today’s tragic shooting in the Washington, D.C. area. Tone matters. All of us bear a responsibility to measure how we speak and what we speak. We’re often confronted by constituents through social media, letters, and e-mail. It’s not uncommon that there are words of aggression, but a large majority of those who use those words of aggression don’t really intend us harm or to threaten us. I think it’s more of a sign that we’ve become disconnected in our community and in our world. We don’t see each other face-to-face. Instead, everything has become much more impersonal so it’s easy to speak harsh words of passion when we don’t know each other, much less see each other. When you can see a reaction on someone’s face, you can tell if they’re receiving the message that you’re intending. But too often, the contact we have with those at home and sometimes here is not done in person and face-to-face.
I fear the extreme words of threats have become normalized in our world. It’s becoming acceptable behavior and, in fact, it often is encouraged, but I do think there are solutions. I think here, we lead by example. Overall, I think my colleagues and I here do a pretty good job. We’re very friendly and when we debate policy, we avoid personal attacks, but I think there’s more we can do. We need to help spread this message of respect. It starts when we’re talking to people in our respective parties; encouraging that when we have policy differences, we talk about the policy. We don’t insult the person. We don’t use words like, “I’m going to take them out,” or “I’m going to go after you.” Then, it’s also spreading it within our community. If someone has a harsh message against someone on the other side of the aisle, I’m quick to point out, you know, we have good people on both sides of the aisle, and there’s rude people on both sides of the aisle. I think we’ve confused directness with rudeness. I think we can all spread this message throughout our community and our political parties, and maybe we can make that difference. Regardless of who’s President, who’s Governor, who’s in the Senate, and who’s in the House of Representatives, we’re all people of this state. We’re all citizens. We all have families. We all want what’s best for our communities. I think it’s important that we take this tragedy and figure out how we can make our own place better. Next year, we know there will be an election. It’s going to be easy to say those harsh words. But we don’t want those harsh words to unintentionally harm someone else.
In closing, I want us to remember the victims of the tragedy. In fact, we have a connection here in Michigan. Former state House staffer Matt Mika was severely injured; he currently works in government relations in D.C. We have Representative Steve Scalise who was also injured; Zach Barth, who is a Congressional aide; and Capitol Police Special Agents David Bailey and Crystal Griner. I think it’s important that we hold them all in our prayers because, unfortunately, a simple game of practicing for a baseball game has turned into, for some of those, a life-threatening proposition. I think we can play our part in not just praying for them but also, maybe, creating a safer place for all of us to do our jobs in our communities.
Senator Jones’ statement is as follows:
It is with a very heavy heart that I announce the sudden passing of one of our colleagues and friends. Samantha Galbavi served as a valued member of the Senate courier team since July 2014. She passed away Wednesday, June 7 and she was only 25 years old. Samantha was born in Lansing on January 21, 1992. She is the daughter of Michael and Theresa. She was a 2010 graduate of Perry High School. She was a very bright, passionate and caring soul, and a loving mother of two children, Madilyn and Myla. She will be missed by her parents, Michael and Theresa; along with her brothers, Brandon and Adam; sister, Emily; grandparents; and many aunts, uncles, and cousins.
A moment of silence was observe in memory of Samantha Galbavi, Senate courier.
Scheduled Meetings
Veterans, Military Affairs and Homeland Security - Thursday, June 15, 9:00 a.m., Room 1200, Binsfeld Office Building (373-5314)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 3:58 p.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, June 15, 2017, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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