No. 34
STATE OF MICHIGAN
Journal of the Senate
99th Legislature
REGULAR SESSION OF 2018
Senate Chamber, Lansing, Wednesday, April 11, 2018.
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—present Hune—present Robertson—present
Casperson—present Jones—present Rocca—present
Colbeck—present Knezek—present Schmidt—present
Conyers—present Knollenberg—present Schuitmaker—present
Emmons—present Kowall—present Shirkey—present
Green—present MacGregor—present Stamas—present
Gregory—present Marleau—present Warren—present
Hansen—present Meekhof—present Young—present
Hertel—present Nofs—present Zorn—present
Hildenbrand—present
Father Joseph Xavier of St. Mary Church of Paw Paw offered the following invocation:
Heavenly Father, we thank You for our nation in which we live under the leadership of Your spiritual and political leaders. Please, teach us to appreciate Your creation and all that You are doing for us. We thank You for choosing these wise men and women as our Senators and other elected officials to serve Your people on this Earth. Bless them, bless their families, and give them good health of mind and body.
As we come before You, heavenly Father, we ask Your forgiveness for the past when we were wrong, and to seek Your wisdom, direction, guidance, and support to do Your will to our best ability as we begin this meeting today and in the future. Help us to engage in meaningful discussion. Allow us to grow closer as a group and nurture the bonds of community. Fill us with Your grace, O God, and illuminate our minds, hearts, and lives to exercise our authority as we make decisions that might guide and protect all the people of our state. Please, continue to remind us that all that we do here today, and all that we accomplish, is for the pursuit of truth for the greater glory of You, and for the service of humanity. We make this pray through the Risen Christ, our Lord. Amen.
Let’s together pray the greatest prayer Jesus taught us:
“Our Father who art in heaven, Hallowed be Thy name.
Thy kingdom come. Thy will be done on earth, as it is in heaven.
Give us this day our daily bread.
And forgive us our trespasses, as we forgive those who trespass against us.
And lead us not into temptation, but deliver us from evil. Amen.”
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Kowall moved that Senators Robertson and Shirkey be temporarily excused from today’s session.
The motion prevailed.
The Assistant President pro tempore, Senator O’Brien, assumed the Chair.
Senator Hood moved that Senator Young be temporarily excused from today’s session.
The motion prevailed.
The following communication was received and read:
Office of the Auditor General
April 5, 2018
Enclosed is a copy of the following report:
• Performance audit report on the Michigan Virtual University (MVU) in collaboration with the Michigan Department of Education (313-0223-17).
Sincerely,
Doug Ringler
Auditor General
The audit report was referred to the Committee on Government Operations.
Messages from the Governor
The following message from the Governor was received and read:
April 6, 2018
I respectfully submit to the Senate the following appointment to office:
Executive Director - Michigan Agency for Energy
Anne Armstrong of 2115 Romence Drive, N.E., Grand Rapids, Michigan 49503, county of Kent, is appointed for a term expiring at the pleasure of the Governor.
Sincerely,
Rick Snyder
Governor
The appointment was referred to the Committee on Government Operations.
Recess
Senator Kowall moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:08 a.m.
10:36 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator O’Brien.
During the recess, Senators Robertson, Shirkey and Young entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Nofs as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 741, entitled
A bill to prohibit a local unit of government from enacting or enforcing an ordinance, policy, resolution, or rule that regulates a dog based upon the breed or perceived breed of the dog; and to provide for the powers and duties of certain local governmental entities.
House Bill No. 5001, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50507, 50703, 50706, and 51101 (MCL 324.50507, 324.50703, 324.50706, and 324.51101), section 50507 as amended by 2016 PA 248, sections 50703 and 50706 as added by 1995 PA 57, and section 51101 as amended by 2006 PA 383, and by adding part 535; and to repeal acts and parts of acts.
House Bill No. 5002, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2016 PA 261.
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:
Senate Bill No. 757, entitled
A bill to amend 2016 PA 407, entitled “Skilled trades regulation act,” by amending section 733 (MCL 339.5733), as amended by 2017 PA 125.
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. 758, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 28a (MCL 125.1528a), as added by 2017 PA 126.
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
Third Reading of Bills
Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 5438
House Bill No. 5091
Senate Bill No. 751
The motion prevailed.
The following bill was read a third time:
House Bill No. 5438, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 462a (MCL 750.462a), as amended by 2014 PA 329.
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. 187 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—0
Not Voting—0
In The Chair: O’Brien
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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5091, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 711 (MCL 206.711), as amended by 2017 PA 110.
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. 188 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—0
Not Voting—0
In The Chair: O’Brien
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 751, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1203a (MCL 339.1203a), as added by 1997 PA 97.
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. 189 Yeas—37
Ananich Hansen Knollenberg Robertson
Bieda Hertel Kowall Rocca
Booher Hildenbrand MacGregor Schmidt
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Shirkey
Colbeck Horn Nofs Stamas
Conyers Hune O’Brien Warren
Emmons Jones Pavlov Young
Green Knezek Proos Zorn
Gregory
Nays—0
Excused—0
Not Voting—0
In The Chair: O’Brien
The Senate agreed to the title of the bill.
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. 30
Senate Resolution No. 105
Senate Concurrent Resolution No. 20
Senate Concurrent Resolution No. 21
The motion prevailed.
Senator Meekhof offered the following concurrent resolution:
Senate Concurrent Resolution No. 32.
A concurrent resolution of tribute offered as a memorial for Burton Leland, former member of the House of Representatives and the Senate.
Whereas, It is with great sadness that the members of the Michigan Legislature learned of the passing of Burton Leland. He was a vocal and passionate advocate for his constituents in Detroit and Wayne County for 26 years while serving in the House of Representatives and the Senate; and
Whereas, A native Detroiter, Burton Leland earned a bachelor’s degree in business from Wayne State University and then a master’s degree in social work from the University of Michigan. He pursued a career helping those in need in his community as a social worker before deciding to seek election to the House of Representatives in 1980, where he served until his election to the Senate in 1998; and
Whereas, During more than two decades in Lansing, Burton Leland was known as someone unafraid to speak his mind and challenge the status quo. Despite his sometimes combative approach to legislating, he made personal connections with everyone, even those with whom he disagreed. He sponsored dozens of public acts, including the state’s Lemon Law for automobiles in 1986. Burton Leland chaired the City Government, Colleges and Universities, and Transportation committees in the House, as well as the Joint Committee on Administrative Rules. He also served on numerous other committees during his time in both chambers, covering issues such as public health, social services, consumer protection, financial institutions, energy and technology, elections, and economic development to name a few; and
Whereas, Burton Leland remained in public service after leaving the Legislature, serving 11 years on the Wayne County Commission before retiring in 2018, concluding more than 37 years working on behalf of the people of Detroit and Wayne County. His passion for higher education never wavered, as he routinely donated to a scholarship fund at Wayne State University that bears his name; and
Whereas, Burton Leland was an energetic and caring leader who went to bat for his constituents and people in need during his entire career. Upon his passing, we offer our condolences to his family and friends. We hope that they may find comfort in the knowledge that the community as a whole shares in their bereavement and that the legacy of Burton Leland’s contributions will long continue to enrich our state; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Burton Leland, member of the House of Representatives from 1981 to 1998 and the Senate from 1999 to 2006; and be it further
Resolved, That copies of this resolution be transmitted to the Leland family as evidence of our lasting esteem for his memory.
Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution was adopted by a unanimous standing vote of the Senate.
Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the concurrent resolution.
The motion prevailed, a majority of the members serving voting therefor.
Senators Bieda, Hood, Green and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
I had the honor of knowing Burton for a long time. I started as a staff member in 1995-1996 when he was serving in the House of Representatives. To say that Representative Burton was a colorful individual would probably not do the word colorful justice because he was one of those people who, once you met him, you remembered him. He had a great heart, a great passion for public service, and a great love for his community. I remember many a time him telling me stories of him either campaigning—going door-to-door, some of the experiences he had during that—but of the constituents he helped and the people he touched in his long and, I would say, distinguished tenure in public service.
Burton was a consummate politician and he would use politician not as an insult but as something of the highest regard because he truly cared for the constituents he served. He truly loved his family, he truly loved his community, he truly loved the people he had the opportunity to interact with in his communities, and he was a great campaigner. I can remember a number of stories going door-to-door with him on different campaigns over the years and watching him in action and watching him interact with people, and people who may, at first, even seem perhaps hostile were quickly won over by his wit, by his personality, and by his genuineness.
I stand here as a friend of his and someone who had the pleasure of knowing him, not only in my service working as an attorney in the House prior to my election as well as someone who worked with him while I was serving in the House and he was serving in the Senate, but someone who I considered a very good friend. My condolences to the family. He truly was a colorful individual and someone I’m going to dearly miss.
I want to welcome the Leland family here to the Capitol wherever they are ensconced—I see them up there in the Gallery. Welcome to the Capitol today. We truly miss your father and your husband.
Senator Hood’s statement is as follows:
Today is a day that we are honoring one of the greatest of all time—GOAT, Greatest of All Time—legislators in the history of Michigan, Burton Leland. We welcome the family here today. I knew Burton and his family, we go way back with my dad being in the Legislature as well, along with Curtis’ dad. They spent a lot of time together. Knowing him from representing and being in the city of Detroit, as a kid growing up watching him, and as an adult—as a legislator—watching him and learning from him. He had tenacity as being a people person—a person of the people. Watching him at community groups, and how he had a swagger to his self to be able to work the room in any type of circumstance, be it controversial or not controversial. Whatever the situation may be, he had a way to be able to break barriers down for dealing with people—whether they were willing or unwilling to have conversations—he would make sure that he would have a conversation with them, and especially tell the people what was on his mind. He had no problem.
I have sat in many meetings as a legislator when he was in the Senate and I was in the House. One time sitting down with the mayor of the city of Detroit, there was a controversial issue and Burton, at the time, disagreed with the mayor. They had a little debate going across the table and it was quite interesting to see it go. He taught me that no matter what the obstacles are, stand up for the people. No matter who it is, no matter what they have to say, no matter what the obstacles are, if you have a stance on something and a stance for the people, then you go right ahead and you stand up for it. That’s the type of person he was.
Thank you Mrs. Leland for sharing your husband with us. Thank you Gabe, and your brother, for sharing your dad with us. He will be missed but he will not be forgotten. This place will not ever be the same without him because of his wit and his humor that a couple of us were just talking about. Thank you for sharing him with us for 28 or so years up here and so on with Wayne County. As he steps into heaven, God is saying to him, “Job well done. Job well done, young man.” God has called him home because he has fulfilled his job and what God sent him down here to do. Now he is up in heaven and we will all have that chance to see him again and we hope to see him again.
Senator Green’s statement is as follows:
Many of you don’t know this but I served with Representative Leland—and I’ll call him Burton too—in the House of Representatives. I’m not sure if it was four years or six years. Even though we disagreed on a number of issues and even though we were from both parties, just one thing I want to say about Burton is that he was a class act. I don’t think anybody would ever disagree that the mark he left on the Legislature in the House—he was a class act. I just want everybody to know that it was a pleasure and an honor for me to serve with him. I’m sad to see him go. Michigan will be less because Burton is gone. My heart goes out to the family. You lost a good guy.
Senator Meekhof’s statement is as follows:
As has been stated, we are graced by the presence of Representative Leland and his mother Rosanne and we’re grateful that they’re here today. I’ve heard many stories of Senator Leland at the time and Representative Leland, but we have all been graced by serving with the Leland family in one way or another.
It is going to be my great pleasure right after we adjourn to present a flag to the family that was flown over this Capitol at half-mast in honor of Mr. Leland. When you see the family afterwards—I hope they will come down here right afterwards and be greeted by a number of members and folks who have served with Gabe and with Burton.
I just wanted to make sure that we extend our most sincere condolences to his family and thank the family for their service to the state of Michigan.
Senator O’Brien offered the following resolution:
Senate Resolution No. 148.
A resolution to commemorate the 50th anniversary of the Fair Housing Act.
Whereas, The Fair Housing Act protects people from discrimination when they are renting, buying, or securing financing for any housing by providing that a person may not be discriminated against because of race, color, national origin, religion, sex, disability, or presence of children; and
Whereas, Congress passed the Fair Housing Act in April 1968 and it was signed into law by President Lyndon B. Johnson on April 11, 1968; and
Whereas, The Fair Housing Act was signed into law at an important cultural turning point in America after decades of civil unrest, racial zoning, and court sanctioned deed discrimination based on race, national origin, and religion; and
Whereas, The Fair Housing Act was an important step in prohibiting such discrimination; and
Whereas, The Fair Housing Act states, “It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.”; and
Whereas, In 1975, the National Association of Realtors® adopted an agreement with the United States Department of Housing and Urban Development to:
• Promote fair housing;
• Educate members regarding their rights and obligations under the Fair Housing Act;
• Develop and recommend fair housing procedures for members;
• Participate in community based fair housing activities; and
Whereas, In 1988, the National Association of Realtors® supported expanding the Fair Housing Act to prohibit discrimination based on familial status, handicap, or disability; and
Whereas, Fair and affordable housing is vital to the success of our growing state; and
Whereas, Michigan Realtors embraces its role at the forefront of advancing fair housing, leading efforts to address community fair housing issues, and continuing to provide education and information to our members and their clients to combat discrimination; and
Whereas, The health, education, and economic opportunities of Michigan families are directly impacted by where they live; and
Whereas, Discriminatory housing practices create racial, social, and economic divides in our communities that inhibit the growth of our citizens; and
Whereas, Diversity creates stronger communities and provides Michigan citizens the best opportunity to achieve the American dream, and fair housing plays an integral role in fostering such communities; now, therefore, be it
Resolved, That the Legislature of the state of Michigan commemorates the 50th anniversary of the Fair Housing Act; and be it further
Resolved, That the Legislature supports and encourages fair housing policies throughout the state; and be it further
Resolved, That the Legislature recognizes the Michigan Realtors® as a partner in combating housing discrimination.
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 resolution was adopted.
Senators Ananich, Bieda, Booher, Brandenburg, Casperson, Colbeck, Hansen, Hildenbrand, Hood, Kowall and Proos were named co‑sponsors of the resolution.
Senator Nofs offered the following resolution:
Senate Resolution No. 149.
A resolution to declare April 12, 2018, as Corporate Citizenship Day.
Whereas, Michigan corporations are recognized around the globe as business leaders in food, manufacturing, energy, agriculture, technology, and many others; and
Whereas, Corporations have been doing business as responsible citizens in the state of Michigan and around the world; and
Whereas, Michigan corporations employ hundreds of thousands of citizens in our great state and have committed to building a better future for the communities in which they operate; and
Whereas, Corporations demonstrate ongoing commitment to improving the lives of individuals through food, agriculture, and technology; and
Whereas, Michigan corporations are committed to having a diverse and inclusive workforce that represents consumers around the world; and
Whereas, Corporations purchase goods and services from a wide range of suppliers, including women and minority-owned, stimulating business across the state of Michigan and the world; and
Whereas, Independent organizations around the world assess and recognize these companies for their progress in protecting and nurturing the environment, operating with integrity, and creating great places to work; and
Whereas, Michigan corporations should be encouraged to integrate corporate citizenship into their business models; and
Whereas, The state of Michigan wishes to celebrate the good deeds of our corporate citizens; now, therefore, be it
Resolved by the Senate, That the members of this legislative body declare April 12, 2018, as Corporate Citizenship Day; and be it further
Resolved, That we commend our corporate constituents for their dedication to improving the lives of Michiganders on this special day.
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 Economic Development and International Investment.
The motion prevailed.
Senators Booher, Brandenburg, Casperson, Hansen, Hildenbrand, Kowall and Proos were named co‑sponsors of the resolution.
Senator Casperson offered the following resolution:
Senate Resolution No. 150.
A resolution to endorse continued investment in Michigan’s Upper Peninsula by Cleveland-Cliffs Inc. and to encourage a partnership between the state of Michigan and Cleveland-Cliffs to support Cliffs’ reinvestment in the Empire Mine in Richmond Township.
Whereas, Cleveland-Cliffs Inc. has a long and storied history in the state of Michigan. The company’s first iron ore mine was founded in this state, and for more than 170 years, Cliffs has been contributing hundreds of millions of dollars annually to local and state economies. The low-grade iron ore mines operated by Cleveland-Cliffs in Marquette County are the lifeblood of many area residents, and manufacturers throughout the state and nation rely on the steel produced from Cliffs’ iron ore pellets; and
Whereas, Closing or idling a mining operation has a significant impact to rural communities. At the height of mining in the Upper Peninsula in 1917, mines employed more than 20,000 people in the three major iron and copper ranges. When Cleveland-Cliffs’ Republic Mine idled in 1983, it displaced 750 employees and did not reopen. In 1980, the company employed 4,000 people in Marquette County, a number that dropped to 2,000 in the 1990s and continued to dwindle to approximately 1,000 after the Empire Mine idled in 2016. For a short time in 1982, the unemployment rate in Marquette County hit a peak of 29.7 percent, due to the recession, steel industry consolidation, and mining job losses; and
Whereas, The continued idling of Cleveland-Cliffs’ Empire Mine would have a significant impact on the economy and local employment opportunities. A recent estimate projected that the impact of idling the mine is approximately $200 million annually in total lost economic activity, which will continue if the mine is permanently closed. The indefinite idle of the Empire Mine impacted approximately 300 jobs; and
Whereas, The continued operation of Cleveland-Cliffs’ Empire Mine is beneficial to the company and our state. As the company evaluates the next generation of mining investments, the Empire Mine is ideal for long-term success. The Empire Mine can be a productive mine for years to come, capitalizing on existing assets and infrastructure and supporting responsible stewardship of the environment. As the need for domestic steel and metal products grows, the company stands to benefit from the renewed statewide and national commitment to upgrade America’s infrastructure; now, therefore, be it
Resolved by the Senate, That we endorse continued investment in Michigan’s Upper Peninsula by Cleveland-Cliffs Inc. and encourage a partnership between the state of Michigan and Cleveland-Cliffs to support Cliffs’ reinvestment in the Empire Mine in Richmond Township; and be it further
Resolved, That copies of this resolution be transmitted to the Governor, the members of the Michigan congressional delegation, the members of the Marquette County Board of Commissioners, the members of the Tilden Township Board of Supervisors, the members of the Richmond Township Board of Supervisors, the Board of Directors of the Upper Peninsula Commission for Area Progress, and Mr. Lourenco Goncalves, Chairman, President, and CEO of Cleveland-Cliffs Inc. in Cleveland, Ohio.
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 Natural Resources.
The motion prevailed.
Senators Booher, Brandenburg, Hansen, Hildenbrand, Kowall, Proos and Robertson were named co‑sponsors of the resolution.
Senator Knezek offered the following resolution:
Senate Resolution No. 151.
A resolution to urge the Congress of the United States to enact legislation protecting the appointment of Robert Mueller as Special Counsel.
Whereas, The Russian government’s efforts to influence the 2016 presidential election with the purpose of undermining faith in the democratic process must be investigated, and the United States must hold those responsible accountable. Diplomatic and economic sanctions must be part of the nation’s response to the election interference, but prosecution is also necessary against individuals and entities who violated criminal laws; and
Whereas, In order to ensure a full and thorough investigation of the Russian government’s efforts to interfere in the 2016 presidential election, Rod Rosenstein, as Acting Attorney General, appointed Robert Mueller to serve as Special Counsel on May 17, 2017. The scope of the investigation includes any links and/or coordination between the Russian government and individuals associated with the campaign of President Trump; any matters that arise directly from the investigation; and any other federal crimes committed in the course of, and with the intent to, interfere with the Special Counsel’s investigation; and
Whereas, The Special Counsel’s investigation has already produced indictments against 22 individuals and entities, including five guilty pleas. In addition to charging Russian citizens and entities for numerous violations of federal law, members of the Trump campaign have been charged, and in three cases, pleaded guilty to criminal conduct. Media reports indicate that many other individuals and entities remain targets of the Special Counsel’s investigation; and
Whereas, President Trump and his associates have attempted to obstruct and discredit the investigation on numerous occasions. When FBI Director James Comey was unwilling to compromise the investigation, he was fired by the President. The President reportedly asked the White House Counsel to fire the Special Counsel in June 2017, before being persuaded to withdraw the order. The President has routinely called the investigation a “witch hunt,” and one of his personal attorneys stated in March 2018 that Deputy Attorney General Rosenstein should remove the Special Counsel and end the investigation; and
Whereas, Robert Mueller’s credentials and reputation are unassailable. Mueller is a decorated Marine, seasoned federal prosecutor, and former director of the FBI. Mueller’s performance as FBI Director was so well-regarded that Congress enacted a law in 2011 specifically to allow Mueller to serve as director beyond the expiration of his original ten-year term. His appointment as Special Counsel received bipartisan support because he is known for his apolitical pursuit of justice; and
Whereas, Removing Mueller from his role as Special Counsel would trigger a constitutional crisis, causing irreparable damage to the integrity of this investigation and the public’s confidence in the administration of justice, both of which are essential. The Special Counsel’s investigation must be allowed to continue to its natural conclusion so that the American people can receive a full accounting of what took place and the individuals responsible can be brought to justice. Legislation has been introduced in Congress that would protect the appointment of Robert Mueller as Special Counsel, including H.R. 2444, H.R. 3654, H.R. 3771, H.R. 4669, S. 1735, and S. 1741; now, therefore, be it
Resolved by the Senate, That we urge the Congress of the United States to enact legislation protecting the appointment of Robert Mueller as Special Counsel; 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.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
Senators Ananich, Bieda and Colbeck were named co‑sponsors of the resolution.
Senate Concurrent Resolution No. 31.
A concurrent resolution prescribing the legislative schedule.
(For text of resolution, see Senate Journal No. 32, p. 487.)
The House of Representatives has adopted the concurrent resolution.
The concurrent resolution was referred to the Secretary for record.
Introduction and Referral of Bills
Senator Hildenbrand introduced
Senate Bill No. 927, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Casperson introduced
Senate Bill No. 928, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766c (MCL 333.17766c), as amended by 2014 PA 216.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senator Casperson introduced
Senate Bill No. 929, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20921b.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senator Casperson introduced
Senate Bill No. 930, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending sections 401b and 408 (MCL 484.1401b and 484.1408), as amended by 2018 PA 51.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senators Hansen, Casperson and Booher introduced
Senate Bill No. 931, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74119 (MCL 324.74119), as amended by 2002 PA 54.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Senators Booher, Casperson and Hansen introduced
Senate Bill No. 932, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74101 (MCL 324.74101), as amended by 2010 PA 33.
The bill was read a first and second time by title and referred to the Committee on Natural Resources.
Announcements of Printing and Enrollment
The Secretary announced that the following bills were printed and filed on Tuesday, April 10, and are available at the Michigan Legislature website:
Senate Bill Nos. 925 926
House Bill Nos. 5758 5759 5760 5761 5762 5763 5764 5765 5766 5767 5768 5769 5770 5771
5772 5773 5774 5775 5776 5777 5778
Committee Reports
The Committee on Local Government reported
House Bill No. 5238, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1274a (MCL 380.1274a), as amended by 2017 PA 23.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Dale W. Zorn
Chairperson
To Report Out:
Yeas: Senators Zorn, Proos, Rocca and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government submitted the following:
Meeting held on Tuesday, April 10, 2018, at 12:30 p.m., Room 1200, Binsfeld Office Building
Present: Senators Zorn (C), Proos, Rocca and Young
Excused: Senator Brandenburg
Scheduled Meetings
Appropriations -
Subcommittees -
General Government - Thursday, April 12, 9:00 a.m., Room 1300, Binsfeld Office Building (373-2768)
Licensing and Regulatory Affairs - Thursday, April 12, 2:30 p.m., Room 1100, Binsfeld Office Building (373-2768)
Economic Development and International Investment - Thursday, April 12, 1:30 p.m., Room 1200, Binsfeld Office Building (373-5323)
Elections and Government Reform - Thursday, April 12, 9:00 a.m., Room 1200, Binsfeld Office Building (373-5323)
State Drug Court Advisory Committee - Tuesday, April 17, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Transportation - Thursday, April 12, 8:30 a.m., Room 1100, Binsfeld Office Building (373-5312)
Senator Kowall moved that the Senate adjourn.
The motion prevailed, the time being 11:07 a.m.
The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, April 12, 2018, at 10:00 a.m.
JEFFREY F. COBB
Secretary of the Senate
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