No. 67

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2014

Senate Chamber, Lansing, Wednesday, September 24, 2014.

10:00 a.m.

The Senate was called to order by the Assistant President pro tempore, Senator Goeffrey M. Hansen.

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

Ananich—present Hood—present Pappageorge—present

Anderson—present Hopgood—present Pavlov—present

Bieda—present Hune—present Proos—present

Booher—present Hunter—present Richardville—present

Brandenburg—present Jansen—present Robertson—present

Casperson—present Johnson—present Rocca—present

Caswell—present Jones—present Schuitmaker—present

Colbeck—present Kahn—present Smith—present

Emmons—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Senator Michael L. Nofs of the 19th District offered the following invocation:

Heavenly Father, as we begin a new day in this Senate Chamber, we are thankful that You have given us this unique opportunity to serve. We humbly ask for Your blessings, so that we may lead according to Your will.

With the beginning of autumn comes a time of change. We pray that You will bless all of the hardworking families of our state with health, strength, and wisdom, so that they may face new challenges and opportunities with the comfort of Your strength.

We ask these things in the name of Your Son Jesus Christ forever and always. Amen.

The Assistant President pro tempore, Senator Hansen, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Hune, Jones, Warren, Emmons, Schuitmaker, Robertson, Johnson, Ananich and Marleau entered the Senate Chamber.

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

The motion prevailed.

Senator Caswell’s statement is as follows:

It is my privilege today to, unfortunately, send another staffer out of my office. Since I am leaving, they are finding jobs in other places. Today I want to announce to all of you Dave Marvin and what he has meant to me.

When I came to Lansing in 2003, Larry Julian mentioned this guy to me and told me he was a good staffer. He hasn’t been a good staffer; he has been a great staffer. I think the issue in Lansing is we like to hear everybody tell us how wonderful we are. Dave would tell me the truth. He kept me out of a lot of trouble for the first few years here while I was learning the ropes.

Dave has been with me for my full 10 years in Lansing. I thought about the characteristics of this man and why he means so much to me. He is loyal without a fault. He has always defended me, quite frankly, when I didn’t deserve it. He is truthful and willing to tell me, as I mentioned, when I am wrong and offer suggestions to go in different directions. With all the lobbyists and staff he has dealt with, he was always truthful, sometimes brutally truthful. Since I am from Hillsdale County, I appreciate brutal truth. He is honest—absolutely honest to the nth degree. He is humble. He didn’t want me to say anything today. He has always wanted to be in the background. In Lansing, not too many people want to be in the background, while we all like to be out front.

This man is very caring about constituents. He has handled my constituents’ services, which I think is the most important thing we do up here. I can tell you there is not a home that I go to in Hillsdale and Branch Counties where people haven’t said, “You helped me with this, or you helped me with that,” and it’s due to this guy back here. There was one day I was ringing the bell for the Salvation Army in Hillsdale, and this young man stopped and asked me if I was Bruce Caswell. I said I was, and he told me that after what I did for him, he would vote for me no matter who ran against me. That is due to Dave.

A very hardworking man, Dave is repeatedly in the office until 9:00 p.m. He works weekends, and I can call him anytime. When I call him, it isn’t just a matter of telling me what is going on; it is a matter of the next morning, the very first thing, that problem is solved. He is precise about details. Words have meaning in Lansing, as I have discovered. He is very careful to make sure that anything that comes out of our office is exactly correct.

He works extensively in his church. In fact, he started a Burmese church and a church from Nepal. He does whatever needs to be done. He fixes things at the church, he is a janitor, and, as I said, he is very humble. He is also a tremendous photographer. If you ever get on the website, google Dave Marvin and you will see some absolutely beautiful pictures. He has a very strong interest in lighthouses. Here in the state of Michigan, we have a lot of them. He and Val travel many times during the summer, when they have the time, and take pictures of lighthouses. His wife is very involved with the history of the state, as is Dave. He is very proud of Michigan and all that it represents.

Finally, I think the best thing that I can say about Dave is he has a servant’s heart. He understands that he was put here to help others, and he has always done that. I am going to greatly miss this man. He is a real credit to the institution that we have here in Lansing.

Senator Hopgood moved that Senator Hunter be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senator Brandenburg be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senators Richardville and Bieda admittance to the Senate floor.

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

The following communication was received and read:

Office of the Senate Majority Leader

September 24, 2014

Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 1081 from the Senate Committee on Natural Resources, Environment, and Great Lakes to the Senate Committee on Finance.

Should you have any questions regarding this matter, please do not hesitate to contact me.

Sincerely,

Randy Richardville

Senate Majority Leader

The communication was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 34

Senate Concurrent Resolution No. 20

The motion prevailed.

Senators Brandenburg and Hunter entered the Senate Chamber.

Senator Hune offered the following resolution:

Senate Resolution No. 181.

A resolution to urge the Congress of the United States to reauthorize federally-provided terrorism reinsurance for insurers.

Whereas, Insurance helps protect the United States economy from the risks inherent in economic growth and development, while also providing the resources necessary to rebuild physical and economic infrastructure. Insurance also offers indemnification for business disruption and provides coverage for medical and liability costs from injuries and loss of life in the event of catastrophic losses to persons or property; and

Whereas, The terrorist attack of September 11, 2001, produced insured losses larger than any natural or man-made event in history. Claims paid by insurers to their policyholders eventually totaled some $32.5 billion. The sheer enormity of the loss, combined with the possibility of future attacks, produced financial shockwaves in insurance markets, causing insurers and reinsurers to exclude coverage arising from acts of terrorism from virtually all commercial property and liability policies. The lack of terrorism risk insurance contributed to a paralysis in the economy, especially in construction, tourism, business travel, and real estate finance; and

Whereas, The United States Congress originally passed the Terrorism Risk Insurance Act of 2002 (TRIA) to provide terrorism reinsurance to insurers and reauthorized the program under the Terrorism Risk Insurance Extension Act of 2005 and the Terrorism Risk Insurance Program Reauthorization Act of 2007 (TRIPRA). Under TRIPRA, the federal government provides such reinsurance after annual industrywide losses attributable to certified terrorism events exceed $100 million. Coverage under TRIPRA is provided to individual insurers after the insurer has incurred losses related to terrorism equal to 20 percent of the insurer’s previous year earned premium for property-casualty lines; and

Whereas, Without question, TRIA and its successors are the principal reason for the continued stability in the terrorism insurance and reinsurance market to the benefit of our overall economy. The presence of a robust private/public partnership has provided stability and predictability and has allowed insurers to actively participate in the market in a meaningful way. Without a program such as TRIPRA, many of our citizens who want and need terrorism coverage to operate their businesses all across the nation would be either unable to get insurance or unable to afford the limited coverage that would be available. Without federally-provided reinsurance, property and casualty insurers would face less availability of terrorism reinsurance and would, therefore, be severely restricted in their ability to provide sufficient coverage for acts of terrorism to support our economy; and

Whereas, TRIPRA is set to expire in December 2014. The need for TRIPRA to stabilize markets continues as the threat from terrorist attacks in the United States remains both real and substantial and will remain as such for the foreseeable future; now, therefore, be it

Resolved by the Senate, That we urge the Congress of the United States to reauthorize federally-provided terrorism reinsurance for insurers in order to maintain stability in the insurance and reinsurance markets, so that companies may continue to deliver substantive, direct benefits to businesses, workers, consumers, and the economy overall in the aftermath of a terrorist attack on the United States; 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 Meekhof 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 Meekhof moved that the resolution be referred to the Committee on Insurance.

The motion prevailed.

Senators Booher, Green, Hansen, Kowall, Marleau, Meekhof, Pappageorge and Proos were named co‑sponsors of the resolution.

Senator Richardville offered the following concurrent resolution:

Senate Concurrent Resolution No. 24.

A concurrent resolution of tribute offered as a memorial for George C. Steeh, former member of the Senate and the House of Representatives.

Whereas, The members of the Legislature were saddened to learn of the passing of the Honorable George C. Steeh, former State Senator, State Representative, and District Court Judge. He will be remembered for his long years of public service, dedication to his community, and unwavering respect and compassion for people and their problems; and

Whereas, Born and raised in Mt. Clemens, George Steeh graduated as president of his senior class at Mt. Clemens High School. A veteran of World War II, a graduate of the University of Michigan, a practicing attorney, an active community member, and a dedicated father, he experienced a lifetime of achievement in just his first 35 years. In 1954, he would begin a new chapter upon his election as state representative for his hometown; and

Whereas, For eight years, George Steeh honorably served the citizens of Mt. Clemens in the Michigan Legislature. Over the course of his legislative career, he was a member of numerous committees covering a wide range of issues, including business, conservation, health and welfare, highways, insurance, the judiciary, local government, and veterans affairs. In 1962, he chose to forego further legislative service and not run for re-election; and

Whereas, George Steeh moved on to a long and successful career as an attorney and public servant, serving as chairman of the Macomb County Democrats, president of the Macomb County Bar Association, member of the State Board of Tax Appeals, and eventually as judge of the 41-B District Court. During his career, he mentored numerous attorneys and worked to maintain an atmosphere of civility in the practice of law; and

Whereas, George Steeh’s life was a tribute to family, friends, and community. His children, grandchildren, and great-grandchildren can take immense pride in his achievements; 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 George C. Steeh, a member of the House of Representatives from 1955 to 1956 and a member of the Senate from 1957 to 1962; and be it further

Resolved, That copies of this resolution be transmitted to the Steeh 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 Meekhof 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 Meekhof 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.

A moment of silence was observed in memory of George C. Steeh, Sr., former District Court judge and former member of the Senate and House of Representatives.

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

The motion prevailed.

Senator Bieda’s statement is as follows:

It is my honor today to have George Steeh III here, who is the former Senator’s son. He is a federal district judge and is here today representing the family. He wanted to express his gratitude to the Senate for offering this resolution in honor of his father. I have known his father for a number of years, and I also know Judge Steeh. The very positive attributes of his public service are some things that he carries through in his public service as a judge.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Meekhof moved that the Committee on Appropriations be discharged from further consideration of the following bill:

Senate Bill No. 1016, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2012 PA 621.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senator Meekhof moved that consideration of the following bill be postponed for today:

House Bill No. 4369

The motion prevailed.

Senate Bill No. 277, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 723 (MCL 257.723), as amended by 2005 PA 179.

The House of Representatives has passed the bill, 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 not concurred in, 2/3 of the members serving not 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. 922, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as added by 2012 PA 329.

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. 1017, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 7 (MCL 205.427), as amended by 2012 PA 325.

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.

Senator Meekhof moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Meekhof 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:

Senate Bill No. 1016

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

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the Assistant President pro tempore, Senator Hansen, designated Senator Warren as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 5793, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2014 PA 208.

Senate Bill No. 1016, entitled

The bills were placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

House Bill No. 5793

Senate Bill No. 1016

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

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

Senate Bill No. 1015

Senate Bill No. 963

Senate Bill No. 964

Senate Bill No. 965

Senate Bill No. 966

Senate Bill No. 979

Senate Bill No. 886

Senate Bill No. 887

Senate Bill No. 888

Senate Bill No. 889

Senate Bill No. 730

House Bill No. 5404

House Bill No. 5405

House Bill No. 5407

House Bill No. 5507

Senate Bill No. 1007

Senate Bill No. 926

Senate Bill No. 927

House Bill No. 5793

Senate Bill No. 1016

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1015, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 7 and 7a (MCL 722.27 and 722.27a), section 7 as amended by 2005 PA 328 and section 7a as amended by 2012 PA 600.

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. 555 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

Senators Anderson, Bieda, Booher, Brandenburg, Casperson, Caswell, Colbeck, Hansen, Hildenbrand, Hunter, Jansen, Kahn, Kowall, Marleau, Meekhof, Moolenaar, Nofs, Pappageorge, Proos, Robertson, Rocca, Schuitmaker and Walker were named co‑sponsors of the bill.

The following bill was read a third time:

Senate Bill No. 963, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2014 PA 203.

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. 556 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 964, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3t (MCL 8.3t).

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. 557 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

The President pro tempore, Senator Schuitmaker, assumed the Chair.

The following bill was read a third time:

Senate Bill No. 965, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 528a (MCL 750.222 and 750.528a), section 222 as amended by 2012 PA 242 and section 528a as added by 1986 PA 113.

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. 558 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 966, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102 and 43503 (MCL 324.40102 and 324.43503), section 40102 as amended by 2007 PA 48 and section 43503 as amended by 2012 PA 520.

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. 559 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 979, entitled

A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104).

The question being on the passage of the bill,

Senator Bieda offered the following amendments:

1. Amend page 3, line 12, after “a” by striking out “city or a charter township” and inserting “LOCAL UNIT OF GOVERNMENT”.

2. Amend page 3, line 13, after “from” by striking out the balance of the line through “PROHIBITING” on line 14 and inserting “prohibiting”.

3. Amend page 3, line 14, after “pistol” by inserting a comma and “PNEUMATIC GUN,”.

4. Amend page 3, line 15, after “that” by striking out the balance of the line through “PROPERTY.” on line 24 and inserting “LOCAL UNIT OF GOVERNMENT. AN ORDINANCE SHALL NOT PROHIBIT THE DISCHARGE OF PNEUMATIC GUNS AT AUTHORIZED TARGET RANGES, ON OTHER PROPERTY WHERE FIREARMS MAY BE DISCHARGED, OR ON OR WITHIN PRIVATE PROPERTY WITH THE PERMISSION OF THE OWNER OR POSSESSOR OF THAT PROPERTY.”.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 560 Yeas—12

Ananich Gregory Hunter Warren

Anderson Hood Johnson Whitmer

Bieda Hopgood Smith Young

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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. 561 Yeas—28

Ananich Green Kahn Pavlov

Booher Hansen Kowall Proos

Brandenburg Hildenbrand Marleau Richardville

Casperson Hune Meekhof Robertson

Caswell Hunter Moolenaar Rocca

Colbeck Jansen Nofs Schuitmaker

Emmons Jones Pappageorge Walker

Nays—10

Anderson Hood Smith Whitmer

Bieda Hopgood Warren Young

Gregory Johnson

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 886, entitled

A bill to regulate the offer and sale of life interests and long-term leases in retirement communities that provide certain services and are independent living units, nursing homes, homes for the aged, adult foster care facilities, home care service agencies, hospices, or places that provide care for certain periods; to prohibit fraudulent practices in relation to the offer and sale of those life interests and long-term leases; to provide for the powers and duties of certain state governmental agencies; to provide for penalties and remedies; to prescribe penalties and civil sanctions; and to repeal acts and parts of acts.

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. 562 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Moolenaar’s statement is as follows:

This legislation would modernize the regulation of continuing care retirement communities. The act has not been modified since the 1970s, and with the growing number of seniors in this state, it is time to ensure that we are providing appropriate protections for some of our most vulnerable citizens.

In addition to modernization, these changes will better reflect new and innovative models of care for Michigan’s seniors. My desire is to continue to support consumer choice and protection while encouraging continued investments in these models of care.

This legislation adds clarity, transparency, and consumer protection to the act which governs care of our senior citizens. To that end, I ask for my colleagues’ support of Senate Bill Nos. 886, 887, 888, and 889.

The following bill was read a third time:

Senate Bill No. 887, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20106 and 20171 (MCL 333.20106 and 333.20171), section 20106 as amended by 2000 PA 253 and section 20171 as amended by 1990 PA 252.

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. 563 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 888, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 3 and 10 (MCL 400.703 and 400.710), section 3 as amended by 1998 PA 442 and section 10 as amended by 2006 PA 201.

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. 564 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 889, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15b of chapter XVII (MCL 777.15b), as amended by 2010 PA 152.

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. 565 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 730, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending section 2129 (MCL 289.2129), as amended by 2012 PA 178, and by adding section 6152.

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. 566 Yeas—31

Ananich Hansen Kowall Robertson

Bieda Hood Marleau Rocca

Booher Hopgood Moolenaar Schuitmaker

Brandenburg Hune Nofs Smith

Casperson Hunter Pappageorge Warren

Caswell Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Gregory Jones Richardville

Nays—7

Anderson Green Kahn Walker

Colbeck Hildenbrand Meekhof

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Senator Green moved that he be removed as co‑sponsor of the bill.

The motion prevailed.

Protest

Senator Anderson, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 730 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Anderson’s statement is as follows:

I would ask members to consider voting “no” on this bill because of the fact that it does very little to address safety issues for patrons in restaurants. The problem is, I think, that it creates a false sense of security and safety for patrons who may have extreme allergies. We know it is a problem, and we know it is an issue, but this bill does very little to address that.

If we are going to do something to give families and patrons a sense of real protection, then we need to address it in a meaningful way. This bill would not do that, and I will be voting “no.”

The following bill was read a third time:

House Bill No. 5404, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20919 and 20965 (MCL 333.20919 and 333.20965), section 20919 as amended by 2006 PA 582 and section 20965 as amended by 2000 PA 375.

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. 567 Yeas—37

Ananich Hansen Kahn Richardville

Anderson Hildenbrand Kowall Robertson

Bieda Hood Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green Jones Proos Young

Gregory

Nays—1

Colbeck

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“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,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5405, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 7422 and 17744c.

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. 568 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5407, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 1106, 17745, 17751, 17754, and 17757 (MCL 333.1106, 333.17745, 333.17751, 333.17754, and 333.17757), section 1106 as amended by 2000 PA 58, sections 17745, 17751, and 17757 as amended by 2013 PA 186, and section 17754 as amended by 2013 PA 268, and by adding sections 7421 and 17744b.

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. 569 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5507, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2013 PA 138.

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. 570 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1007, entitled

A bill to amend 1954 PA 188, entitled “An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds,” by amending sections 7, 8, and 9a (MCL 41.727, 41.728, and 41.729a), section 7 as amended by 1986 PA 180 and section 9a as amended by 1995 PA 139.

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. 571 Yeas—36

Ananich Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Whitmer

Green Johnson Pavlov Young

Nays—2

Anderson Warren

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 926, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40104 and 40112 (MCL 324.40104 and 324.40112), section 40104 as added by 1995 PA 57 and section 40112 as amended by 1996 PA 316.

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. 572 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 927, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111c (MCL 324.40111c), as added by 2008 PA 301.

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. 573 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5793, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2014 PA 208.

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. 574 Yeas—37

Ananich Hansen Kahn Richardville

Anderson Hildenbrand Kowall Robertson

Bieda Hood Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green Jones Proos Young

Gregory

Nays—1

Caswell

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator Meekhof moved that the bill be given immediate effect.

The motion prevailed, 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 a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; 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. 1016, 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. 575 Yeas—37

Ananich Gregory Jones Proos

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green

Nays—1

Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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 Jones, Nofs, Marleau and Schuitmaker introduced

Senate Bill No. 1089, entitled

A bill to require wireless carriers to provide call locations for emergencies upon the request of law enforcement; and to provide for immunity from prosecution and from civil liability under certain circumstances.

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

Senator Casperson introduced

Senate Bill No. 1090, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 505 (MCL 324.505).

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

Senator Casperson introduced

Senate Bill No. 1091, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 3317.

The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.

Senator Casperson introduced

Senate Bill No. 1092, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 612 (MCL 257.612), as amended by 2006 PA 339.

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

Senator Casperson introduced

Senate Bill No. 1093, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43504, 43523a, 43523b, 43527a, 43528b, and 43532 (MCL 324.43504, 324.43523a, 324.43523b, 324.43527a, 324.43528b, and 324.43532), section 43504 as amended by 2004 PA 587 and sections 43523a, 43523b, and 43527a as added and sections 43528b and 43532 as amended by 2013 PA 108, and by adding section 43527c.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Meekhof moved that when the Senate adjourns today, it stand adjourned until Tuesday, September 30, at 10:00 a.m.

The motion prevailed.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, September 23, 2014, at 12:30 p.m., Room 100, Farnum Building

Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 11:22 a.m.

In pursuance of the order previously made, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, September 30, 2014, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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