No. 84 STATE OF MICHIGAN Journal of the Senate 97th Legislature REGULAR SESSION OF 2014

Senate Chamber, Lansing, Thursday, December 18, 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

2248 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Senator Steven M. Bieda of the 9th District offered the following invocation: Dear God, we seek Your help with our legislative affairs today. Bless this session with Your divine intelligence, and help us to make the best use of our own. We are of diverse opinions here, yet we wish to mend our differences and reach agreements satisfactory to all. Please share a little of Your wisdom with us to help us do the right thing by all concerned. We also thank You for the abundance that we enjoy in this state. Thank You for our friends and our family and also a special prayer and special thanks to those who are leaving us after several years of service in the State Legislature. Thank you for Your heavenly blessing. Amen.

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

Motions and Communications

Senator Whitmer entered the Senate Chamber.

Senator Hopgood moved that Senators Hunter, Johnson, Smith and Young be temporarily excused from today’s session. The motion prevailed.

Senator Meekhof moved that Senators Nofs, Brandenburg and Casperson be temporarily excused from today’s session. The motion prevailed.

The following communication was received and read: Office of the Auditor General December 16, 2014 Enclosed is a copy of the following audit report: Follow-up of the Performance audit of the Bureau of Workforce Transformation’s Oversight of the Michigan Works! Agencies, Workforce Development Agency, Michigan Strategic Fund. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations.

The Secretary announced that the following bills were printed and filed on Wednesday, December 17, and are available at the Michigan Legislature website: House Bill Nos. 6089 6090 6091

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Richardville admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor.

Senator Meekhof moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. The motion prevailed, a majority of the members serving voting therefor.

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:05 a.m.

10:27 a.m.

The Senate was called to order by the President pro tempore, Senator Schuitmaker. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2249

During the recess, Senator Richardville introduced the Monroe St. Mary’s Catholic Central High School Girls Varsity Volleyball Team, 2014 MHSAA Class C State Champions; Coach Diane Tuller and President Sean Jorgensen; and presented them with a Special Tribute. President Jorgensen responded briefly.

During the recess, Senator Richardville introduced the Monroe St. Mary’s Catholic Central High School Varsity Football Team, 2014 MHSAA Division 6 State Champions; Head Coach Jack Giarmo and assistant coaches; and presented them with a Special Tribute. Coach Giarmo responded briefly, and the players presented Senator Richardville with a signed jersey No. 36.

During the recess, Senators Smith, Nofs, Brandenburg, Young, Casperson and Johnson entered the Senate Chamber.

Senator Kowall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Kowall’s statement is as follows: At this time of the year, we’re saying goodbye to a lot of our friends and colleagues here in the Senate whom we’ve worked with for a long time. I have the opportunity today to wish a bon voyage to one of our lobby corps people who has been working with us for a lot of years. Nell Kuhnmuench will be retiring. Nell was the first female lobbyist to become owner of a multi-client law firm. She’s been recognized with several awards, such as the 2010 Athena Award, in recognition for her many years of leadership. In 2003, Nell was voted Lansing’s most effective lobbyist in a poll conducted by EPIC-MRA for the MIRS newsletter. Additionally, Nell has been voted Michigan’s No. 1 woman lobbyist in several surveys. She was also chief of staff for two different Speakers of the Michigan House of Representatives, Bobby Crim and Gary Owen. She also served on the House Democratic Policy Staff and provided advice to not only the Democrats, but the Republicans as well. I consider Nell a good advisor and a friend here in Lansing. I feel that she will be missed. This tribute, therefore, recognizes all the hard work and dedication of Nell Kuhnmuench. This is a distinguished legislative tribute upon her retirement. May she know of our admiration and warmest wishes and continued success in every endeavor. It’s signed by Speaker Jase Bolger, Senate Majority Leader Randy Richardville, myself, and Governor Snyder. It is affixed with the seal of the state of Michigan.

Recess

Senator Pavlov moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:32 a.m.

11:16 a.m.

The Senate was called to order by the Associate President pro tempore, Senator Gregory.

The Assistant President pro tempore, Senator Hansen, resumed the Chair.

Recess

Senator Meekhof moved that the Senate recess until 1:00 p.m. The motion prevailed, the time being 11:22 a.m.

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker.

During the recess, Senator Hunter entered the Senate Chamber. 2250 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 1:01 p.m.

2:39 p.m.

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

Senator Pavlov moved that rule 2.106 be suspended to allow committees to meet during Senate session. The motion prevailed, a majority of the members serving voting therefor.

Senator Pavlov moved that the Committee on Government Operations be discharged from further consideration of the following bill: House Bill No. 4001, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 4, 5, 10, and 11 (MCL 15.234, 15.235, 15.240, and 15.241), sections 4, 5, and 10 as amended by 1996 PA 553, and by adding sections 10a and 10b. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Pavlov moved that the Committee on Regulatory Reform be discharged from further consideration of the following bills: House Bill No. 5317, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 5 (MCL 325.1005), as amended by 1998 PA 56.

House Bill No. 5318, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13g. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

Senator Pavlov moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 4001 House Bill No. 5317 House Bill No. 5318 The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the Senate proceeded to the order of General Orders

Senator Pavlov 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 Hildenbrand 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. 5160, entitled A bill to amend 1972 PA 160, entitled “An act to allow units and subdivisions of government to make agreements; and to provide for costs of administration of agreements,” by amending section 1 (MCL 211.731). No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2251

House Bill No. 5812, entitled A bill to amend 2010 PA 123, entitled “Uniform real property electronic recording act,” by amending section 5 (MCL 565.845).

House Bill No. 5952, entitled A bill to authorize the department of natural resources to accept and convey property in Oakland county; to prescribe conditions for the acceptance and conveyance of the property; and to provide for disposition of revenue. 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. 4760, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 1993 PA 14. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5714, entitled A bill to amend 1933 PA 254, entitled “The motor carrier act,” by amending the title, sections 1, 2, 3, and 4 of article I, the heading and sections 1, 3, 5, 8, 9, 10, 13, and 14 of article II, the heading and sections 1, 2, 4, 5, 6, 9, 11, and 12 of article III, sections 1 and 2 of article IV, sections 2, 5, 6, 6a, 6b, 7, 8, 9, 10, 10a, 11, 14, 14a, and 18 of article V, and section 2 of article VI (MCL 475.1, 475.2, 475.3, 475.4, 476.1, 476.3, 476.5, 476.8, 476.9, 476.10, 476.13, 476.14, 477.1, 477.2, 477.4, 477.5, 477.6, 477.9, 477.11, 477.12, 478.1, 478.2, 479.2, 479.5, 479.6, 479.6a, 479.6b, 479.7, 479.8, 479.9, 479.10, 479.10a, 479.11, 479.14, 479.14a, 479.18, and 479.42), the title, section 1 of article I, section 2 of article IV, and sections 8, 9, and 10 of article V as amended by 2008 PA 584, sections 2, 3, and 4 of article I, section 3 of article II, sections 2 and 4 of article III, and sections 6a, 6b, 10a, 14, and 14a of article V as amended and section 2 of article VI as added by 1993 PA 352, sections 1, 8, 9, 13, and 14 of article II, sections 1, 5, 9, 11, and 12 of article III, section 1 of article IV, and section 6 of article V as amended by 1982 PA 399, sections 5 and 10 of article II and section 6 of article III as amended and section 7 of article V as added by 2007 PA 33, section 2 of article V as amended by 2011 PA 111, section 11 of article V as amended by 1994 PA 176, and section 18 of article V as amended by 2000 PA 96, and by adding sections 4a, 7, 7a, 7b, and 9a to article III; 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.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5179, entitled A bill to authorize the state administrative board to convey certain parcels of state-owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments and local units of government in regard to the property; and to provide for disposition of revenue derived from the conveyance. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 3, following line 3, by inserting: “(5) The department of corrections shall continue to maintain the property described in subsection (1) as determined appropriate by the department of corrections until the property is sold under section 2. The department of corrections shall pay any maintenance costs incurred in maintaining the property in full and shall not charge any of the costs to the land bank fast track authority. 2252 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

(6) The department of corrections shall post notices warning of the dangerous and defective condition of the property described in subsection (1) on the property in a manner so that the signs will be clearly visible to the public.”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 4186, entitled A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending sections 1 and 3 (MCL 780.621 and 780.623), section 1 as amended by 2014 PA 335 and section 3 as amended by 1994 PA 294. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, line 15, after “filed” by striking out “until”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

Recess

Senator Pavlov moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 2:47 p.m.

3:05 p.m.

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

Resolutions

Senator Meekhof moved that consideration of the following resolution be postponed for today: Senate Resolution No. 34 The motion prevailed.

Senator Richardville offered the following resolution: Senate Resolution No. 210. A resolution of tribute for the Honorable Gretchen Whitmer. Whereas, It is a pleasure for the members of the Michigan Senate to commend and thank Senator Gretchen Whitmer as she brings her distinguished legislative tenure to a close. We deeply appreciate her commitment to the residents of the Twenty-third District and the entire state; and Whereas, Gretchen Whitmer grew up in East Lansing and attended public schools in East Lansing and Grand Rapids. She is a proud alumnus of Forest Hills Central High School. After earning a bachelor’s degree in communications from Michigan State University and a law degree from the Detroit College of Law at Michigan State University, she practiced law with the firm Dickinson Wright, where she specialized in administrative and regulatory litigation. Soon afterward, her passion for advocacy guided her to elected office in Lansing; and Whereas, Senator Whitmer was first elected to the Michigan Senate in 2006, after serving six years in the House of Rep­ resentatives. Her notable legislative achievements, though too many to list, include being the first woman to lead a caucus in the Michigan Senate, when she was selected as the Senate Minority Leader in 2011. She served on several committees and was the vice chair for the Education, Judiciary, and Government Operations Committees. She co-chaired a ballot initiative to allow embryonic stem cell research in Michigan, helped craft anti-bullying legislation, and has been a champion for consumers’ rights bills, such as elder abuse legislation. She has been a tireless and outspoken advocate for her district and the state of Michigan; now, therefore, be it Resolved by the Senate, That we offer this expression of gratitude and commendation to Senator Gretchen Whitmer for her exemplary service and her dedication to Michigan; and be it further Resolved, That a copy of this resolution be transmitted to Senator Whitmer as evidence of our esteem and best wishes. 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. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2253

The 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 Gov­ ernor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor.

Senator Whitmer asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Whitmer’s statement is as follows: They say the five most stressful life events are a new job, marriage, moving your home, birth of a child, and death of a loved one. When every one of those life events happens in one’s first term in the Legislature, it helps to give perspective. I know it helped give me perspective. At the close of 14 years here—always in the minority, by the way—my predominant feeling is not bitterness; it’s gratitude. I’m grateful. I’m grateful for having had the opportunity to work for, alongside, and with so many fantastic people. Because there are so many, it is with an enormous amount of self-control that I’m going to refrain from singling anyone out, because I would hate to inadvertently omit someone on what would surely be a long list. First, I’m eternally grateful to the constituents who entrusted me with their voice and gave me this phenomenal opportunity to serve. I love this community. It’s not just because I have the greatest commute in the state. My favorite part of this enormously rewarding job is helping people and seeing the amazing things that are going on here. I’m grateful for all of the state employees who work tirelessly to make our state run, are responsive to the people who pay our wages, and they protect us all. I’m grateful to the hardworking women and men who advocate in the halls—they’ve taught me a lot—and the equally hardworking members of the press. You serve a critical function. I’m grateful for my colleagues on both sides of the aisle; the Democrats with whom I have found my family and the Republicans who have challenged me. You have all made me a better legislator, and I thank you. I’m fortunate to call many of you friends during our mutual service, and I’m hopeful that those relationships will last far beyond. I’m grateful for all of my staff, my co-workers who make constituent service possible, and without whom I would not have been able to do this job, much less enjoy it on the toughest days here. I’m proud of our team, and I’m grateful for your counsel and your friendship. I’m grateful to the Senate staff as well and to the people of Michigan—those of you who have so passionately spoken out, who have demanded to be heard. I not only give you my sincerest thanks, but promise that the fight we’ve taken on is not over. I hope you move forward and speak louder, demand better, and expect accountability for the words spoken and the actions taken in this Capitol. It’s your Capitol; your government. I couldn’t have been more proud to fight alongside so many. Of course, there’s my family. They’ve been my compass, my inspiration, and my joy. My girls Sherry and Cindy, born in my first and second terms in the House, they’re 11 and 12 now. We are on the cusp of the teenage years, and I can only hope I don’t get what I deserve. But as my father says, “You plant potatoes, you get potatoes.” My husband Mark, my stepsons Winston, Alex, and Mason; we’ve formed a modern-day Brady Bunch, and I’ve never been happier. My dad, my sister, and my brother; I’m lucky to call them my best friends. Of course, there was my mother too, whom I lost in 2002 to brain cancer. With political campaigns and discourse what it is these days, cynicism and discouragement is understandable, but I still believe, as I was raised, that public service is a noble calling. We must remember that we are given this opportunity and that our duty to our constituents is paramount. Though the ugly nature of campaigns may quell enthusiasm of future political leaders, these younger generations are just as engaged and civic-minded as ever. It’s incumbent on us to encourage them to consider service through government, not just around it. We must inspire these future leaders to engage, to debate, and to lead. I wish Governor Snyder and the next Legislature well, and I thank you.

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 3:14 p.m.

3:22 p.m.

The Senate was called to order by the President pro tempore, Senator Schuitmaker. 2254 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

By unanimous consent the Senate returned to the order of Motions and Communications

Senator Meekhof moved that the Committee on Economic Development be discharged from further consideration of the following bill: House Bill No. 6079, entitled A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 453 (MCL 451.2453), as added by 2014 PA 355. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

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: House Bill No. 6079 The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the Senate returned to the order of General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chair­ person. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5318, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13g.

House Bill No. 6079, entitled A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 453 (MCL 451.2453), as added by 2014 PA 355. 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 amendment, the following bill: House Bill No. 5317, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 5 (MCL 325.1005), as amended by 1998 PA 56. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 3, line 2, after “EVERY” by striking out “10” and inserting “5”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of Resolutions

Senator Moolenaar offered the following resolution: Senate Resolution No. 211. A resolution of tribute for the Honorable David Lee Camp. Whereas, The members of the Michigan Legislature are honored to commend and thank Congressman David L. Camp for his tireless service to the people of the state of Michigan and the United States of America. Congressman Camp has served on behalf of his constituents in the United States House of Representatives for twelve terms; and No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2255

Whereas, David L. Camp was born July 9, 1953, in Midland, Michigan, to Norma L. Nehil and Robert D. Camp. After graduating from Midland H.H. Dow High School, David Camp attended the University of Sussex in Brighton, England, from 1973 to 1974 and earned his Bachelor of Arts degree, magna cum laude, in 1975 from Albion College in Albion, Michigan. He went on to earn a juris doctor from the University of San Diego School of Law in 1978; and Whereas, After graduating from law school, David Camp joined the law firm Riecker, George, Hartley, Van Dam and Camp in Midland, Michigan. He worked as legal counsel from 1979 to 1991. During this time, he also spent four years as a special assistant to the Michigan Attorney General from 1980 to 1984. He served on the staff of U.S. Representative Bill Schuette from 1984 to 1987; and Whereas, David Camp started his service to the state of Michigan by serving on the Midland County Board of Canvassers. He then won a seat in the Michigan House of Representatives in 1988 and served one term representing the 102nd District. After his time in the Michigan House of Representatives, he won a challenging primary for Michigan’s 10th District in the United States House of Representatives; and Whereas, On January 3, 1991, Congressman David Camp was sworn in and took his fight to the national level to make America more competitive and free. During his time in Congress, he was recognized by his peers and advocacy groups for his consistent focus on agriculture, health care, and welfare reform. During his time in the United States House of Representatives, Congressman Camp has earned a reputation for effectiveness and reaching across the aisle; authoring legislation signed into law by Presidents Bill Clinton, George W. Bush, and Barack Obama; and Whereas, Congressman Camp has been a leader in adoption and foster care issues. His experience in private practice showed him the need to streamline the adoption process to move children from foster care to their forever home much more quickly. He achieved success with the introduction and passage of the landmark Adoption and Safe Families Act of 1996. Congressman Camp also co‑sponsored the Intercountry Adoption Act of 2000 and the Adoption Promotion Act of 2003. He used this expertise as chairman of the board for the Congressional Coalition on Adoption Institute; and Whereas, After serving one term as ranking member of the House Committee on Ways and Means, on January 5, 2011, Congressman Camp began his tenure as chairman of the Committee on Ways and Means. As chairman, Congressman Camp has worked with lawmakers on both sides of the aisle to produce the legislation that would be the most comprehensive overhaul of the tax code in almost thirty years. The Tax Reform Act of 2014 proposed a simpler and fairer tax code that will be a blueprint for future reform; now, therefore, be it Resolved by the Senate, That we extend our heartfelt and everlasting thanks to Congressman David L. Camp as he completes his service to the people of Michigan in the United States House of Representatives; and be it further Resolved, That a copy of this resolution be transmitted to Congressman David L. Camp and his family as evidence of our highest esteem and admiration for his diligent service, selfless sacrifice, and unending contributions to this great state of Michigan and the United States of America. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Anderson, Bieda, Booher, Brandenburg, Casperson, Caswell, Colbeck, Emmons, Green, Gregory, Hansen, Hildenbrand, Hood, Hopgood, Hune, Hunter, Jansen, Jones, Kahn, Kowall, Marleau, Nofs, Pappageorge, Pavlov, Proos, Robertson, Rocca, Schuitmaker, Walker, Warren, Whitmer and Young were named co‑sponsors of the resolution.

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: The members of the Michigan Legislature are honored to commend and thank Congressman Dave Camp for his tireless service to the people of the state of Michigan and the United States of America. Congressman Camp has served on behalf of his constituents in the United States House of Representatives for twelve terms. He was born on July 9, 1953, in Midland, Michigan, to Norma Nehil and Robert Camp. After graduating from Midland Dow High School, David Camp attended the University of Sussex in Brighton, England, from 1973 to 1974 and earned his Bachelor of Arts degree, magna cum laude, in 1975 from Albion College in Albion, Michigan. He went on to earn a J.D. from the University of San Diego School of Law, and after graduating from law school, Dave Camp joined the law firm of Riecker, George, Hartley, Van Dam and Camp in Midland, Michigan. He worked as legal counsel from 1979 to 1991. During this time, he also spent four years as a special assistant to the Michigan Attorney General from 1980 to 1984. He served on the staff of U.S. Representative Bill Schuette from 1984 to 1987. Dave Camp started his service to the state of Michigan by serving on the Midland County Board of Canvassers. He then won a seat in the Michigan House of Representatives in 1988 and served one term representing the 102nd District. After his time in the Michigan House of Representatives, he won a position representing Michigan’s 10th Congressional District in the United States House of Representatives. He was sworn in January of 1991 and took his fight to the national level to make America more competitive and free. 2256 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

During his time in Congress, he was recognized by his peers and advocacy groups for his consistent focus on agriculture, health care, and welfare reform. During his time in the United States House of Representatives, Congressman Camp earned a reputation for effectiveness in reaching across the aisle; authoring legislation signed into law by Presidents Bill Clinton, George W. Bush, and Barack Obama. Congressman Camp has been a leader in adoption and foster care issues. His experience in private practice showed him the need to streamline the adoption process to move children from foster care to their forever homes much more quickly. He achieved success with the introduction and passage of the landmark Adoption and Safe Families Act of 1996. Congressman Camp also co‑sponsored the Intercountry Adoption Act of 2000 and the Adoption Promotion Act of 2003. He used this expertise as chairman of the board for the Congressional Coalition on Adoption Institute. After serving one term as ranking member of the House Committee on Ways and Means, on January 5, Congressman Camp began his tenure as chairman of the Committee on Ways and Means. As chairman, Congressman Camp has worked with lawmakers on both sides of the aisle to produce the legislation that would be the most comprehensive overhaul of the tax code in almost thirty years. The Tax Reform Act of 2014 proposed a simpler and fairer tax code that will be a blueprint for future reform. Now, therefore, be it resolved by the Senate that we extend our heartfelt and everlasting thanks to Congressman David L. Camp as he completes his service to the people of Michigan in the United States House of Representatives. And be it further resolved that a copy of this resolution be transmitted to Congressman Dave Camp and his family as evidence of our highest esteem and admiration for his diligent service, selfless sacrifice, and unending contributions to this great state of Michigan and the United States of America.

Senator Hune offered the following resolution: Senate Resolution No. 212. A resolution of tribute for the Honorable Michael J. Rogers. Whereas, The members of this legislative body are honored to commend and thank Congressman Michael J. Rogers of Brighton for his dedicated service to the people of the state of Michigan and the United States of America. For 14 years, Congressman Rogers faithfully represented the hardworking families of Michigan in the United States House of Represen­ tatives; and Whereas, Michael J. Rogers was born on June 2, 1963, to John and Joyce Rogers in Livonia, Michigan. He grew up in Livingston County with his brother Bill and attended Howell High School. He competed for the Highlanders in football and threw discus and shot put on the track and field team. He graduated in 1981; and Whereas, Mike Rogers continued his academic studies at Adrian College, graduating in 1985 with a bachelor’s degree in sociology and criminal justice. Upon graduation, he was a commissioned officer in the United States Army. He accomplished this through his training as part of the Reserve Officer Training Corps at the University of Michigan. In the Army, he served as the company commander for a rapid deployment unit; and Whereas, In 1989, Congressman Rogers became a special agent for the Federal Bureau of Investigation. As an agent in the Bureau’s Chicago office, he investigated organized crime and public corruption; and Whereas, In 1994, he was elected to the Michigan Senate, representing Clinton, Shiawassee, and Livingston Counties. He was re-elected in 1998, and for two years, he served as the Majority Floor Leader of this body. In 1999, he authored legislation to create the Michigan Education Savings Plan to help parents save money for the college education of their children; and Whereas, In 2000, Congressman Rogers was elected to the United States House of Representatives to represent Michigan’s Eighth Congressional District. He has won seven terms to the House and has numerous legislative accomplishments. In 2006, President George W. Bush signed into law Respect for America’s Fallen Heroes Act, sponsored by Congressman Rogers to protect the mourning families of fallen military service members; and Whereas, Continuing his lifelong efforts in service to the security of the United States, Congressman Rogers employed his experiences and talents as chairman of the House Permanent Select Committee on Intelligence. As chairman, he has overseen the budget for vital security agencies and provided critical support for the men and women working in the clandestine services of the United States. His expertise and guidance has kept the country safe. He has been an exemplary public servant for the people of Michigan; now, therefore, be it Resolved by the Senate, That we extend our appreciation and thanks to the Honorable Michael J. Rogers as he completes his service in the United States House of Representatives; and be it further Resolved, That a copy of this resolution be transmitted to Congressman Michael J. Rogers, his wife Kristi, and his children, Erin and Jonathan, as evidence of our highest esteem and admiration for his tireless work and countless contribu­ tions for the betterment of the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Anderson, Bieda, Booher, Brandenburg, Casperson, Colbeck, Emmons, Green, Hansen, Hildenbrand, Hood, Hopgood, Hunter, Jansen, Johnson, Jones, Kahn, Kowall, Marleau, Moolenaar, Nofs, Pappageorge, Proos, Robertson, Rocca, Schuitmaker, Walker, Warren and Whitmer were named co‑sponsors of the resolution. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2257

Senator Hune asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hune’s statement is as follows: To my colleagues and staff here on the Senate floor, the members of this legislative body are honored to commend and thank Congressman Michael J. Rogers of Brighton for his dedicated service to the people of the state of Michigan and the United States of America. For 14 years, Congressman Rogers faithfully represented the hardworking families of Michigan in the United States House of Representatives. Michael J. Rogers was born on June 2, 1963, to John and Joyce Rogers in Livonia, Michigan. He grew up in Livingston County with his brother Bill and attended Howell High School. He competed for the Howell Highlanders in football and threw discus and shot put on the track and field team. He graduated from Howell High School in 1981. Mike Rogers continued his academic studies at Adrian College, graduating in 1985 with a bachelor’s degree in sociology and criminal justice. Upon graduation, he was a commissioned officer in the United States Army. He accomplished this through his training as part of the Reserve Officer Training Corps at the University of Michigan. In the Army, he served as the company commander for a rapid deployment unit. In 1989, Congressman Rogers became a special agent for the Federal Bureau of Investigation. As an agent in the Bureau’s Chicago office, he investigated organized crime and public corruption. In 1994, he was elected to this institution, the Michigan Senate. He was re-elected in 1998, and for two years, he served as the Majority Floor Leader. In 1999, he authored legislation to create the Michigan Education Savings Plan to help parents save money for the college education of their children. In 2000, Congressman Rogers was elected to the United States House of Representatives to represent Michigan’s 8th Congressional District. He has won seven terms to the House and has numerous legislative accomplishments. In 2006, President George W. Bush signed into law the Respect for America’s Fallen Heroes Act, sponsored by Congress­ man Rogers to protect the mourning families of fallen military service members. Continuing his lifelong efforts in service to the security of the United States, Congressman Rogers employed his experiences and talents as chairman of the House Permanent Select Committee on Intelligence. As chairman, he has overseen the budget for vital security agencies and provided critical support for the men and women working in the clandestine services of the United States. His expertise and guidance has kept the country safe. He has been an exemplary public servant for the people of Michigan. Now, therefore, be it resolved by the Senate that we extend our appreciation and thanks to the Honorable Michael J. Rogers as he completes his service in the United States House of Representatives. And be it further resolved that a copy of this resolution be transmitted to Congress­man Michael J. Rogers, his wife Kristi, and his children as evidence of our highest esteem and admiration for his tireless work and countless contributions for the betterment of the state of Michigan.

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 3:39 p.m.

3:48 p.m.

The Senate was called to order by the President pro tempore, Senator Schuitmaker.

Senator Richardville asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Richardville’s statement is as follows: This is to recognize the work of Stacey Murray, who has been a friend of mine and a colleague of all of yours for a long time, with over 20 years in the political arena and over 15 years as a loyal Senate staff member. She established with Governor John Engler’s administration statutory framework for the punishment of domestic violence offenders. She updated criminal sexual conduct statutes, including removing the statute of limitations on criminal sexual charges in the first degree. She was involved with the modernization of the Michigan Credit Union Act and received the credit union Staffer of the Year award, largely due to the fact that she showed up four days after having her third son Jack to manage the legislation on the Senate floor. She’s a tough old broad. I don’t know who wrote that, but that’s not appropriate. 2258 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

A year later, she went into labor with her fourth son Joshua and insisted on staying until the end of the day, an action that terrified her colleagues. In 2003, she became the floor manager for Senate Majority Floor Leader Bev Hammerstrom. In 2007, she joined the staff of Senate Majority Leader Mike Bishop. In 2011, she joined the office of Senator Joe Hune, for which she should deserve sainthood, just by itself. She worked on key legislative issues with many being a huge success and a few that will make me shake my head when I hear things like wild boar and large carnivores. With Senator Hune’s blessing, Stacey went to assist the office of Dave Robertson during a very difficult moment for this caucus, especially for Dave. Keeping Team Robertson together and moving forward until Erika’s return was an exciting yet challenging time. The key to this success was keeping the Senator fed. I don’t know who’s writing this stuff anymore. Nobody has been more dedicated to this caucus over the past decade and a half than Stacey Murray. She is one in a million, and the Michigan Senate is forever indebted to her. I will always be happy to have her as one of my dear friends.

Senator Meekhof offered the following resolution: Senate Resolution No. 208. A resolution of tribute for the Honorable Randy Richardville. Whereas, It is a privilege to extend the congratulations of the Senate to the Honorable Randy Richardville as he concludes his service to the state of Michigan as a member of the Legislature. For 14 years, he has provided committed leadership in this chamber and in the House of Representatives: developing practical solutions, building consensus, and generally working to make our state a better place to live, work, and raise a family; and Whereas, A native of Monroe County, Randy Richardville graduated from Albion College with a degree in economics and from Aquinas College with a Master of Management. He would go on to a career in business, working for Michigan companies, such as La-Z-Boy and Herman Miller. In 1998, he was first elected to represent the Fifty-sixth District in the House of Representatives; and Whereas, For six years as a State Representative, Randy Richardville championed causes important to the residents of Michigan, working to promote economic development, create jobs, protect children, and conserve our natural resources. In his final House term, he was chosen by his peers to serve as Majority Floor Leader. In 2006 and 2010, Randy Richardville was elected to the Senate, representing the Seventeenth District; and Whereas, For the last four years, Senator Richardville has lead this chamber as the Senate Majority Leader. Under his dedicated leadership, the Senate has helped restore fiscal stability to the state’s budget while laying the groundwork for Michigan’s recovery from the Great Recession. For this work and his past efforts on many issues, he has been recognized by numerous groups, including the Small Business Association of Michigan, the Michigan Sheriffs’ Association, the Michigan United Conservation Clubs, the Autism Alliance of Michigan, and the Michigan Children’s Trust Fund; now, therefore, be it Resolved by the Senate, That we offer this expression of tribute to commend and thank the Honorable Randy Richardville for his distinguished work with this legislative body and notable contributions to our entire state; and be it further Resolved, That a copy of this resolution be transmitted to Senator Richardville as evidence of our gratitude and best wishes. 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 offered the following amendment: 1. Amend the resolution, following the third Whereas Clause, by inserting: “Whereas, Senator Richardville was elected Senate President pro tempore presiding over the Senate Chamber during his first term in the Senate; and”. The amendment was adopted. The resolution as amended 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 Gov­ ernor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor.

Senator Richardville asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Richardville’s statement is as follows: Through you to Senator Young, I’d like to start this speech with a quote. It’s actually paraphrased somewhat; I’m going to take a little liberty. It’s from Mother Teresa: “If you do good, people will accuse you of selfish ulterior motives. Do No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2259 good anyway. If you are successful, you will win false friends and true enemies. Succeed anyway. The good you do today will be forgotten tomorrow. Do good anyway. Honesty and frankness make you vulnerable. Be honest and frank anyway. The biggest men and women with the biggest ideas can be shot down by the smallest men and women with the smallest minds. Think big anyway. People favor underdogs, but follow only top dogs. Fight for a few underdogs anyway. For, in the end, it was never between you and them.” I’d like to share a little bit of my philosophy and direct this toward the members, especially. Everyone in this room is an elected official, which means we’re all what I call politicians. My definition of a politician is someone who knows how to get elected. The next level up, though, is that of a servant leader; someone who realizes he or she is not here to be served, but instead the people who elected them should be the ones served. If Jesus, Himself, said He came not to be served, but to serve, then how much more should we be willing to serve those who elected us? Finally, in my mind, there is a third level—that of a statesman. A statesman is not only someone who can be elected and understands what it is to be a servant leader, but also knows how to get things done and is looked up to as an example by his or her peers over a long period of time. Today, I look around at those who will also be leaving the Senate. I’ve spent a lot of time with them, and I know that they are all statesmen in my mind. My challenge to the next crop of legislators and those who are returning is to strive to be statesmen and women, and leave this place better than when they arrived. Our service has taken many forms—from simple changes like opening the window blinds to make it a little brighter in here, replacing the carpet, and fixing our workspace in this Capitol; along with four years of a balanced budget ahead of schedule; some strong bipartisan support for items like autism coverage; helping to put Detroit on the path of financial health; and hopefully, later today, we will have added a bipartisan solution for roads to our list of accomplishments. I want to thank my colleagues on the other side of the aisle for working with my caucus to set a tone far different from what we see in Washington. Those of you, such as Senator Moolenaar, who are going to Washington, I hope you take some of that attitude with you. I want to thank the Minority Leaders in the Senate and House, the Speaker, Lieutenant Governor, and Governor for their leadership over the last four years. Sixteen years ago, the people of Monroe County elected me to the House of Representatives, and it has been my privilege to serve them ever since. I have worked hard to be true to myself and to the people back home who thought enough of me to give me their support and their vote. I have done my best to be straightforward and pragmatic. I have tried to hold true to my core beliefs and tried to always be an accurate reflection of the people in my district. I think most of you know that I firmly believe that the Legislature should not be about partisanship. It should be about solutions, and I have tried my best to find middle ground on a lot of issues. I thank you for your participation in that effort. I’d like to think that those who know me know that what you see is pretty much what you get. Whether that’s a good thing or a bad thing, I suppose, is up for debate, but I learned early on that it was better to be upfront and honest with my colleagues in the Legislature and my colleagues in the Lansing community. I hope I have earned some respect from them, because they have certainly earned mine. For the folks back home who thought it best to elect me five times to come up here, I hope you feel I have served you well. I hope I am remembered not as Senator or as Majority Leader; or the guy who helped bring the Career Technology Center and the Performing Arts Center to the community college; or who helped to restore Lake Erie’s Sterling State Park; or who helped coordinate state and federal resources for the designation of the River Raisin National Battlefield and the new La-Z-Boy Headquarters back in Monroe. Those are things that we did up here with a lot of help from you. At home, I hope I’m remembered simply as Randy, the guy from Monroe. To my caucus, I hope I am remembered as a leader who recognized the expertise in others and trusted and respected my fellow Senators enough to let them do their jobs. You chose me to lead a historic Senate majority, and it has been my distinct honor and privilege to be your leader. I hope I have met your expectations often and disappointed you seldom. To my friends on the other side of the aisle, I would like to thank you for your willingness to listen and your interest in compromise. While we may not always agree, I’d like to think that we found common ground wherever possible. To the Minority Leader, my friend, thank you for being willing to talk and willing to listen. I’m glad we were always able to take a moment to laugh. People around us laughed at us, as well. Now we come to the part of the speech where I thank everyone who helped me look good and do my job well. To my friends in the Greater Lansing community, thank you for communicating and informing me on so many issues. Thank you for your friendship and your kindness. I know some of us will be friends for the rest of my days here. I hope you feel the same about me. I’d like to thank all the Senate session staff, but especially Carol Viventi. You made me sound more eloquent and appear more capable than I actually am. Those four years that I spent up at the top of the rostrum, when I knew what to say only half the time, you reminded me what to say and very casually whispered things so that I never made an embarrassment of myself or the institution. I shouldn’t say never, but most of the time. I thank you for that. Thank you to our Senate staff in policy and communications for going way above and beyond to help us do our jobs and for telling us what we can do, how we can do it, and how to effectively communicate it. 2260 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

I want to thank the Legislative Service Bureau for enduring countless hours of drafts, edits, and abuse. Be prepared for the rest of the day and early morning tomorrow. I have to take a few moments, at least, to thank my past and current staff. Not everybody is included here, but the ones who worked the closest with me. Peter Ruddell, the very first staffer I had, abandoned me after about nine months. He tells people I fired him, but I didn’t. Jason Rivard, who came up to me back in 1996 and said, “I just graduated from Central Michigan, and I’ve always wanted to be involved in politics. Can I be your campaign manager?” I said yes and we lost. Thanks, Jason, for that. Governor, what do you say? Relentless positive action. He came back, and we did win the second one. Then he stayed with me for six years. Jason, you were an incredible friend and still are. Adam Stacey, who helped me back in the House, he’s still with me. I don’t know how he stays so young-looking doing all the things that he does, but he’s an incredible man. Pattrick Yockey? Where’d Pattrick go? Oh, he’s back there taking pictures? You’re more than a friend. I saw your Facebook posting today; it was awesome. I actually wrote it and gave it to him. Ann Grasman, I don’t know if she’s here or not, but she is the most likeable person whom I think I’ve ever worked with up here and manned our doors like nobody ever. Brad Bergmooser, who is working in Chicago; Jody Dorr, who met me with a smile and a hug every morning; Kerry DeBano, who’s since got married, knocked on so many doors with me for so long. What an incredible person she is; John Manor, who tried to replace me twice and got beat in two tough elections and then came in and works just as hard now as he did then; Tony Daunt; Mike Parr, who’s still here; Jamie Clover Adams, now moved up in the administration. Governor, you know, we train these people. They become really good, and then you go and take them. You’ve got to stop doing that. Tony Stamas made an incredible difference when he became my chief of staff. I’d like to single him out as somebody who has influenced the Senate as much as anyone. Megan Noland, you’re still my sugar. Don’t take that the wrong way. See, she’s working for Bouchard now, and Bouchard thinks that she likes him more than me, but she doesn’t. That’s why she’s here. Scott Bean, you were with us from the beginning and you’re still here. There’s nobody who understands Monroe better than you do, through me, and I appreciate all your efforts; Ryan Richardville, a member of the family who’s still with me; Scott Jones, who’s started a young family and now makes this commute. I don’t know sometimes why he does; Connor Spaulding, who’s staying on with the next leader’s office; Sean Smith, a special individual whom I have to recognize, because he’s been an example for all of us on how tireless and relentless you can be in overcoming physical obstacles; Lisa Hoekstra is moving on to Washington. Bobby Ray, there’s been a fight as to who the scarecrow was in this. You know the scarecrow, right, from the “Wizard of Oz?” I think I’ll miss you most of all. I know the rest of them think they’re the scarecrow, but it’s actually you, Bobby Ray. I’m going to miss you most of all. Margie Roggelin, we go back to the Monroe days when you used to help me with things. You’ve always been a friend, and you moved up here and you’re moving on to another office. Thank you. Pete Langley, who returned to the Senate after working with Senator Sanborn for a number of years. He quit and I can’t blame him for that, but then he came back when we took over. That’s a good thing. Amber McCann, you are the spokesperson for this caucus and one of the people whom I can go to with any problem of any sort. You somehow make it all work. Teri Ambs, you’re more than the scarecrow. Where are you? This is the woman who got most of the legislative work done that we’ve done in the last four years and has managed several positions in one. She also has come to me with all the problems she has, and God, that’s a lot. You might not know this, but over the last eight years, she’s helped me to deal with problems and things that aren’t rational at all, so that when I became the leader, I could deal with all of you better, because of the great example that Teri was. Teri, you and Pete just got married, and they asked me to be the officiating guy on that. I’ve never done that before, and I’ve never been honored more than to do that. I wish you all the love and happiness the rest of your time together. Jake McLaughlin, everybody, I think, just about in the world knows Jake, but what you might not know is that he came up to the House of Representatives about 15 years ago as a field trip and told me that he was going to work in this building some day. Eleven years later, he’s 21 years old and he’s up here and he moved from driving me part-time to being deputy chief of staff. Jake, all that you’ve listened to back and forth in the car means that I’m totally indebted to you. Anything you ever need or want, you know you’ve got it. You don’t even have to ask. Jordan Hankwitz, you came in and filled a role and have been the rock in the office. I can’t thank you enough for your leadership and the style with which you performed your job. You do it as solidly as anybody can or maybe ever will. You set a standard for everybody else to try and achieve. Thank you, as well, for being my friend. I’ve got a few outgoing Senators to mention. I’m not going to mention everyone, but I’m going to mention a few of them. Roger Kahn, who thought just as recently as a couple of hours ago to mention that he has seen me in my diapers before, you can stop doing that now. I don’t know anybody who could’ve managed the appropriations process coming out of the last administration and moving into this one and the problems we had the way that you have. Your service to the state of Michigan is unmatched by anybody else I know. I just want to thank you, because we’ve worked together side by side and, just so you know, about eight years ago or something, this man called me up. He said, “You know, I’ve only been in politics a couple of years, and I’ve spent almost two years in the House of Representatives. I’m the chairman No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2261 of the Health Policy Committee, and I’m wondering if I should run for the Senate or not. What’s your advice?” I said, “Well, you’re chairman of the committee you’ve always wanted to be. You’re in a safe seat now and you’ve made it safe. It wasn’t beforehand. You’re in the majority and you probably will be. You should stay right where you are.” Two weeks later, he announced he would be running for the Senate. I’m glad that you didn’t take that advice back then. John Pappageorge, The Colonel, we were seatmates for a long time. You have probably talked to me in my legislative career more than anyone. It wasn’t always solicited, but you know, you did this where you come up and gave this unsolicited advice. Every six or seven is really good. It’s like Pavlov’s dog. You don’t know if it’s the good one or if it’s not the good one, so you’ve got to listen all the way through it. I’m just kidding. You’ve been an example, and I consider you a dear friend. I thank you very much for your service to the state of Michigan. Bruce Caswell, somehow you observe things that nobody else does. I’m struggling and you take me off to the side, and you give me advice as if I was one of your track or football kids or one of the students or even like I’m your son. I want you to know that I’ve learned enough from you. You don’t have to take me aside anymore. I’ve got it. Howard Walker, you know, Alice Cooper has a song, “No More Mr. Nice Guy.” I used to think you were a really nice guy until I got to know you. The way you fight for things and the way you have—I don’t want to say you’ve come out of your shell, because that wouldn’t be true, but I’ve watched you grow into a different kind of legislator than before. This body is going to be a lesser body because you decided not to stay. We understand and know that you’re moving back to your family. I wish you the best. Mark Jansen, I don’t know if there’s a better example of a legislator to me. You started before I did, so I got to watch people like you when I was a little rookie over there. More than being as good a legislator as you are, you’re an example of what a good Christian man should be. That’s probably what I’ll remember you most for. I’ll miss you as much as I do anybody else, because I’ve watched you battle through good things, bad things, disappointments, and you never seem to lose the hope or the faith that you have. I don’t think you realize how much that’s affected everybody around you. Tupac Hunter, I wish you Godspeed, and I like it when you vote with us every now and then. That’s really a cool thing. You represent the city of Detroit well, and, of course, you’ve got a bright future in front of you. I wish you the best. Glenn Anderson, congratulations on all the work you do. We finally got some license plate stuff done. I hope you’re happy about the things we did do. If not, well, we probably won’t see each other very much. I’m just kidding. I wish you all the best in your future as well. John, I already mentioned you, but I’m proud to know you and the place you’re going to have in Congress. I know you’re going to be an incredible Congressman. I hope you bring some of this attitude with you when you go. Gretchen Whitmer, I’m looking forward to celebrating the end of this relatively soon. I can’t tell everybody any more than that. It’s all a good thing. You know, what’s really cool about having the microphone last is that I have the microphone last, but you can see that it doesn’t really bother her a whole lot. Finally, I’d like to recognize my family. They’ve stood by me and supported me in good times and bad. I wouldn’t be here today if it weren’t for their love and encouragement. We started out when my two children were in junior high, and now one of them has two kids, and the other one is working full-time. They’re adults and they’re out living in California. Mandy, her husband Daniel, little James—and if you have a few minutes, I’ll bore you with him, because if I have a second to do that, I will. Sophia, the little girl who was born just about four months ago, I’m so happy to have her in my life. My son Adam, who is probably my best friend; my mother Glenda, and those of you who work in the Republican Caucus know her. I have nothing more to say but that I love her dearly; her husband Chuck; and, of course, my father Dennis, who just turned 80 the other day. He’s down in Florida, and I miss spending time with him. You all know what a sacrifice it is when you come up here. Your family sacrifices a lot. You sacrifice time with them. It’s a noble thing. Early on in my career, I received probably the best advice I ever received. I was told, “Don’t let Lansing change the person you are.” You might argue that person didn’t know me very well, but I have done my best to follow that advice. I started with a quote from Mother Teresa, and I’ll end with a thought. You know that I have songs and sometimes songs come to my mind. I was thinking recently, looking back on this, I did think about Gretchen. You and I, when we vote together, that song was “Stuck in the Middle,” by Stealer’s Wheel. You know the one, “Clowns to the left of me.” It’s funny if you think about it. This is from Jerry Garcia, from a song I think is called “Truckin’,” and it goes: “Sometimes the light’s all shinin’ on me; Other times I can barely see. Lately it occurs to me what a long, strange trip it’s been.” As I start on a new journey, although I’ve tried to be true to myself, I’m a different person than I was when I got here, largely because of the people in this room. I consider myself a better person for having known each and every one of you, whether you’re a member, staff, former staffer, friend, or guest in the Gallery. I want to thank you for what you’ve meant to me and will continue to mean to me for the rest of my life. I hope that on that other path, we’ll have the opportunity to see each other again. Thank you all. May God bless you. 2262 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 4:20 p.m.

4:53 p.m.

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

By unanimous consent the Senate returned 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.

By unanimous consent the Senate proceeded to consideration of the following bill: Senate Bill No. 738, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101a (MCL 500.3101a), as amended by 2011 PA 91. (This bill was returned from the House without amendment on December 17 and the recommendation for immediate effect postponed. See Senate Journal No. 83, p. 2242.) 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.

Senator Meekhof moved that the following bills be placed at the head of the Messages from the House calendar: House Bill No. 4576 Senate Bill No. 1043 Senate Bill No. 1146 The motion prevailed.

House Bill No. 4576, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 102 (MCL 500.102), as amended by 2000 PA 252, and by adding chapter 12A. (For text of amendments, see Senate Journal No. 83, p. 2211.) The question being on concurring in the House amendments made to the Senate substitute, The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 861 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 No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2263

Nays—0

Excused—0

Not Voting—1

Young

In The Chair: Hansen

Senate Bill No. 1043, entitled A bill to amend 1970 PA 74, entitled “Corner recordation act,” by amending the title and sections 2, 3, 4, 5, 6, 7, 8, and 14 (MCL 54.202, 54.203, 54.204, 54.205, 54.206, 54.207, 54.208, and 54.210d), sections 2, 3, 6, 7, 8, and 14 as amended by 2000 PA 34, and by adding sections 3a and 3b. (This bill was returned from the House without amendment on December 17 and the motion for immediate effect postponed. See Senate Journal No. 83, p. 2242.) The question being on the motion to give the bill 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.

Senate Bill No. 1146, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 96. Substitute (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 862 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 as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 2264 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Senate Bill No. 398, entitled A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 4 (MCL 125.2954). The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 2010 PA 275, entitled “An act to encourage the creation of next Michigan development corporations by interlocal agreement and to prescribe their powers and duties; to foster economic opportunities in this state and prevent conditions of unemployment and underemployment and to promote economic growth; to provide for the designation of next Michigan development districts and next Michigan development businesses; and to prescribe the powers and duties of certain state and local departments, entities, and officials,” by amending section 4 (MCL 125.2954), as amended by 2013 PA 239. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 863 Yeas—33

Ananich Hildenbrand Kowall Robertson Anderson Hood Marleau Rocca Bieda Hopgood Meekhof Schuitmaker Booher Hunter Nofs Smith Casperson Jansen Pappageorge Walker Emmons Johnson Pavlov Warren Green Jones Proos Whitmer Gregory Kahn Richardville Young Hansen

Nays—5

Brandenburg Colbeck Hune Moolenaar Caswell

Excused—0

Not Voting—0

In The Chair: Hansen

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 623, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending sections 103, 104, 105, 106, 107, 108, 109, 110, 121, 122, 123, 131, 132, 133, 141, 143, 151, 202, 209, 212, 215, 217, 221, 241, 242, 243, 246, 251, 261, 275, 301, 303, 304, 305, 307, 308, 309, 313, 317, 331, 332, 338, 402, 403, 404, 405, 407, 413, 415, 421, 422, 423, 441, No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2265

442, 444, 446, 451, 455, 461, 485, 487, 501, 505, 506, 511, 521, 523, 527, 528, 531, 541, 548, 551, 552, 553, 561, 562, 563, 565, 567, 569, 601, 602, 611, 615, 631, 641, 642, 643, 701, 707, 741, 753, 801, 804, 805, 811, 815, 817, 821, 823, 851, 855, 901, 911, 913, 922, 923, 925, 932, 1001, 1002, 1012, 1015, 1016, 1021, 1032, 1035, 1041, 1042, 1051, 1060, 1104, 1107, 1145, and 1162 (MCL 450.2103, 450.2104, 450.2105, 450.2106, 450.2107, 450.2108, 450.2109, 450.2110, 450.2121, 450.2122, 450.2123, 450.2131, 450.2132, 450.2133, 450.2141, 450.2143, 450.2151, 450.2202, 450.2209, 450.2212, 450.2215, 450.2217, 450.2221, 450.2241, 450.2242, 450.2243, 450.2246, 450.2251, 450.2261, 450.2275, 450.2301, 450.2303, 450.2304, 450.2305, 450.2307, 450.2308, 450.2309, 450.2313, 450.2317, 450.2331, 450.2332, 450.2338, 450.2402, 450.2403, 450.2404, 450.2405, 450.2407, 450.2413, 450.2415, 450.2421, 450.2422, 450.2423, 450.2441, 450.2442, 450.2444, 450.2446, 450.2451, 450.2455, 450.2461, 450.2485, 450.2487, 450.2501, 450.2505, 450.2506, 450.2511, 450.2521, 450.2523, 450.2527, 450.2528, 450.2531, 450.2541, 450.2548, 450.2551, 450.2552, 450.2553, 450.2561, 450.2562, 450.2563, 450.2565, 450.2567, 450.2569, 450.2601, 450.2602, 450.2611, 450.2615, 450.2631, 450.2641, 450.2642, 450.2643, 450.2701, 450.2707, 450.2741, 450.2753, 450.2801, 450.2804, 450.2805, 450.2811, 450.2815, 450.2817, 450.2821, 450.2823, 450.2851, 450.2855, 450.2901, 450.2911, 450.2913, 450.2922, 450.2923, 450.2925, 450.2932, 450.3001, 450.3002, 450.3012, 450.3015, 450.3016, 450.3021, 450.3032, 450.3035, 450.3041, 450.3042, 450.3051, 450.3060, 450.3104, 450.3107, 450.3145, and 450.3162), sections 106, 404, 505, 548, 611, 901, and 922 as amended by 2008 PA 222, sections 108, 561, 562, 563, 565, 567, and 569 as amended by 1993 PA 129, section 110 as amended by 1990 PA 39, section 123 as amended by 2008 PA 482, section 131 as amended by 2005 PA 219, sections 133, 141, 143, 151, 405, 407, 413, 421, 441, 446, 451, and 521 as amended by 2008 PA 9, section 209 as amended by 1996 PA 397, sections 261, 501, and 541 as amended by 2009 PA 88, section 911 as amended by 1996 PA 84, section 1060 as amended by 2012 PA 309, and sections 1104, 1107, 1145, and 1162 as added by 1984 PA 209, and by adding sections 303a, 303b, 303c, 303d, 314, 336, 341a, 343, 344, 345, 392, 406, 408, 409, 412, 432, 447a, 466, 467, 468, 472, 473, 488, 489, 491a, 492a, 493a, 494, 495, 496, 497, 514, 515a, 529, 545a, 564a, 564b, 564c, 571, 703a, 706, 711, 712, 713, 724, 735, 736a, 745, 746, 751, 754, 841a, 842a, and 1013; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 864 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: Hansen 2266 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

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. 624, entitled A bill to amend 1965 PA 169, entitled “An act to require court proceedings for dissolution of domestic charitable purpose corporations; and to require the filing of notice of intention to withdraw with the attorney general by foreign charitable purpose corporations attempting to withdraw from this state,” by amending the title and sections 1 and 2 (MCL 450.251 and 450.252) and by adding sections 1a and 2a. 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.

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 House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 2000 PA 92, entitled “An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,” by amending sections 1105 and 2129 (MCL 289.1105 and 289.2129), as amended by 2012 PA 178, and by adding section 6152. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 865 Yeas—33

Ananich Hildenbrand Kowall Richardville Bieda Hood Marleau Robertson Booher Hopgood Meekhof Rocca Brandenburg Hune Moolenaar Schuitmaker Casperson Hunter Nofs Smith Caswell Jansen Pappageorge Warren Emmons Johnson Pavlov Whitmer Gregory Jones Proos Young Hansen

Nays—5

Anderson Green Kahn Walker Colbeck No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2267

Excused—0

Not Voting—0

In The Chair: Hansen

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 929, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 705a (MCL 450.4705a), as amended by 2002 PA 686. 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.

House Bill No. 4480, entitled A bill to amend 1984 PA 270, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” by amending sections 9 and 88c (MCL 125.2009 and 125.2088c), as amended by 2012 PA 145. The House of Representatives has amended the Senate substitute (S-2) as follows: 1. Amend page 8, following line 19, following subdivision “(C)” by inserting: “(D) THE INTEREST RATE OF THE LOAN.”. The House of Representatives has concurred in the Senate substitute (S-2) as amended and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendment made to the Senate substitute, The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 866 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 2268 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

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

By unanimous consent the Senate proceeded to the order of Third Reading of Bills

The following bill was read a third time: House Bill No. 5842, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16135, 16216, 16245, 16247, 16248, and 16249 (MCL 333.16135, 333.16216, 333.16245, 333.16247, 333.16248, and 333.16249), section 16135 as amended by 1993 PA 80, section 16216 as amended by 2014 PA 98, section 16245 as amended by 2013 PA 268, and sections 16247, 16248, and 16249 as amended by 1993 PA 79, and by adding section 16245a. The question being on the passage of the bill, Senator Hune offered the following amendment: 1. Amend page 10, following line 5, following section 17711, by inserting: “Sec. 17748. (1) To do business in this state, a pharmacy, manufacturer, or wholesale distributor, whether or not located in this state, must be licensed under this part. To do business in this state, a person that provides compounding services must be licensed as a pharmacy or manufacturer under this part and, if a pharmacy, authorized to provide compounding services under this section and sections 17748a and 17748b. To do business in this state, an outsourcing facility must be licensed as a pharmacy under this part. Licenses are renewable biennially. (2) A pharmacy shall designate a pharmacist licensed in this state as the pharmacist in charge for the pharmacy. A EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A manufacturer or wholesale distributor shall designate a pharmacist licensed in or outside of this state as the pharmacist in charge for the manufacturer. or EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, A wholesale distributor SHALL DESIGNATE A PHARMACIST LICENSED IN OR OUTSIDE OF THIS STATE AS THE PHARMACIST IN CHARGE FOR THE WHOLESALE DISTRIBUTOR OR SHALL DESIGNATE AN EMPLOYEE WITH THE APPROPRIATE EDUCATION OR EXPERIENCE, OR BOTH, TO ASSUME RESPONSIBILITY FOR COMPLIANCE WITH LICENSING REQUIREMENTS AS FACILITY MANAGER FOR THE WHOLESALE DISTRIBUTOR. The pharmacy, manufacturer, or wholesale distributor and the individual designated as the PIC OR FACILITY MANAGER under this subsection are jointly responsible for the pharmacy’s, manufacturer’s, or wholesale distributor’s compliance with this part and rules promulgated under this part. A PERSON THAT IS A MANUFACTURER OR WHOLESALE DISTRIBUTOR WITH RESPECT TO A DEVICE SALABLE ON PRESCRIPTION ONLY BUT NOT WITH RESPECT TO ANY DRUG SALABLE ON PRESCRIPTION ONLY IS EXEMPT FROM THIS SUBSECTION. (3) Subject to this subsection, a pharmacist may be designated as the PIC for more than 1 pharmacy. A PIC described in this subsection shall work an average of at least 8 hours per week at each pharmacy for which he or she is the PIC. The pharmacy and the PIC shall maintain appropriate records and demonstrate compliance with this subsection upon the request of the board or its designee. (4) A pharmacy, manufacturer, or wholesale distributor shall report to the department a change in ownership, management, location, or ITS PIC OR FACILITY MANAGER designated PIC UNDER SUBSECTION (2) not later than 30 days after the change occurs. (5) A pharmacist in charge DESIGNATED AS THE PIC FOR A PHARMACY shall supervise the practice of pharmacy for the pharmacy. in which he or she has been designated the PIC. The duties of the PIC include, but are not limited to, the following: (a) Supervision of all activities of pharmacy employees as they relate to the practice of pharmacy including the purchasing, storage, compounding, repackaging, dispensing, and distribution of drugs and devices to ensure that those activities are performed in compliance with this part and the rules promulgated under this part. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2269

(b) Enforcement and oversight of policies and procedures applicable to the employees of the pharmacy for the procurement, storage, compounding, and dispensing of drugs and the communication of information to the patient in relation to drug therapy. (c) Establishment and supervision of the method and manner for storage and safekeeping of pharmaceuticals, including maintenance of security provisions to be used when the pharmacy is closed. (d) Establishment and supervision of the record-keeping system for the purchase, sale, delivery, possession, storage, and safekeeping of drugs and devices. (e) Establishment of policies and procedures for individuals who are delegated responsibilities for any of the tasks described in this subsection by the PIC. (6) Except as otherwise provided in this subsection, an applicant for a new pharmacy, manufacturer, or wholesale distributor license under this part who is not a health professional licensed or otherwise authorized to engage in a health profession under this article or who is a health professional but was licensed or otherwise authorized to engage in his or her health profession under this article before October 1, 2008 shall submit fingerprints in the same manner as required in section 16174 for the purpose of a criminal history check. The board, department, and department of state police shall comply with section 16174 for the purpose of a criminal history check on an applicant described in this subsection. This subsection does not apply if a criminal history check that meets the requirements of section 16174 has been WAS obtained for the applicant within the 2 years preceding the date of the application. To qualify for the exception under this subsection, the applicant shall submit proof of the previous criminal history check with his or her application for a new pharmacy, manufacturer, or wholesale distributor license under this part. If the department or board determines that the criminal history check does not meet the requirements of section 16174 or was not obtained within the time period prescribed, the applicant shall comply with this subsection.SUBMIT FINGERPRINTS IN THE SAME MANNER AS REQUIRED IN SECTION 16174. (7) If, as authorized or required under this article, the department inspects or investigates an applicant for a new pharmacy license for a pharmacy that will provide compounding services or a compounding pharmacy, which AND THE applicant or compounding pharmacy is located outside of this state, the applicant or compounding pharmacy shall reimburse the department for its expenses incurred in carrying out its authority or duty to inspect or investigate the applicant or licensee under this article. Sec. 17768. (1) In a manner consistent with part 161, the disciplinary subcommittee may fine, reprimand, or place on probation , a person licensed under this part, or MAY deny, limit, suspend, or revoke a person’s license, or MAY order restitution or community service for a violation of this part or rules promulgated under this part. (2) In addition to the grounds set forth in subsection (1), and in a manner consistent with part 161, the board may fine, reprimand, or place on probation a person licensed under this part, or MAY deny, limit, suspend, or revoke a license issued under this part, or MAY order restitution or community service if the board finds that any of the following categories apply to an applicant; or a partner, officer, or member of the board of directors of a pharmacy, manufacturer, or wholesale distributor licensed under this part; or a stockholder of a pharmacy, manufacturer, or wholesale distributor which THAT is a privately held corporation licensed under this part; OR A FACILITY MANAGER FOR A WHOLESALE DISTRIBUTOR DESIGNATED UNDER SECTION 17748(2): (a) The applicant or other person described in this subsection lacks good moral character. (b) Subject to subsection (3), the applicant or other person described in this subsection has been convicted of a misdemeanor or a felony under a state or federal law relating to a controlled substance or the practice of pharmacy. (c) The applicant or other person described in this subsection has furnished false or fraudulent material information or has knowingly omitted material information in an application filed under this part. (d) The applicant or other person described in this subsection has previously maintained a financial interest in a pharmacy, manufacturer, or wholesale distributor which THAT has been denied a license or federal registration, has had its license or federal registration limited, suspended, or revoked, or HAS been subject to any other criminal, civil, or administrative penalty. (e) The applicant or other person described in this subsection is not in compliance with article 7 or article 8 or the rules promulgated under article 7 or article 8. (F) THE APPLICANT OR OTHER PERSON DESCRIBED IN THIS SUBSECTION HAS VIOLATED SECTION 17748. (3) Except for a conviction for a misdemeanor under section 7404(2)(d) or a local ordinance that is substantially similar to section 7404(2)(d), the reference to a misdemeanor in subsection (2)(b) applies only to a conviction for a misdemeanor that is directly related to the manufacture, delivery, possession, possession with intent to manufacture or deliver, use, distribution, prescription, or dispensing of a controlled substance. Subsection (2)(b) does not apply to a conviction for a misdemeanor based upon an unintentional error or omission involving a clerical or record-keeping function.”. The amendment was adopted, a majority of the members serving voting therefor. 2270 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Senator Casperson offered the following amendment: 1. Amend page 10, following line 5, following section 17768, by inserting: “Sec. 20920. (1) A person shall not establish, operate, or cause to be operated an ambulance operation unless the ambulance operation is licensed under this section. (2) Upon proper application and payment of a $100.00 fee, the department shall issue a license as an ambulance operation to a person who meets the requirements of this part and the rules promulgated under this part. (3) An applicant shall specify in the application each ambulance to be operated. (4) An ambulance operation license shall specify the ambulances licensed to be operated. (5) An ambulance operation license shall state the highest level of life support the ambulance operation is licensed to provide. An ambulance operation shall operate in accordance with this part, rules promulgated under this part, and approved medical control authority protocols and, EXCEPT AS PROVIDED IN SECTION 20921A(2), shall not provide life support at a level that exceeds its license and available licensed personnel or violates approved medical control authority protocols. (6) An ambulance operation license may be renewed annually upon application to the department and payment of a $100.00 renewal fee. Before issuing a renewal license, the department shall determine that the ambulance operation is in compliance with this part, the rules promulgated under this part, and medical control authority protocols. (7) Beginning on July 22, 1997, an ambulance operation that meets all of the following requirements may apply for an ambulance operation upgrade license under subsection (8): (a) On or before July 22, 1997, holds an ambulance operation license that designates the ambulance operation either as a transporting basic life support service or as a transporting limited advanced life support service. (b) Is a transporting basic life support service, that is able to staff and equip 1 or more ambulances for the transport of emergency patients at a life support level higher than basic life support, or is a transporting limited advanced life support service, that is able to staff and equip 1 or more ambulances for the transport of emergency patients at the life support level of advanced life support. (c) Is owned or operated by or under contract to a local unit of government and providing first-line emergency medical response to that local unit of government on or before July 22, 1997. (d) Will provide the services described in subdivision (b) only to the local unit of government described in subdivision (c), and only in response to a 911 call or other call for emergency transport. (8) An ambulance operation meeting the requirements of subsection (7) that applies for an ambulance operation upgrade license shall include all of the following information in the application provided by the department: (a) Verification of all of the requirements of subsection (7) including, but not limited to, a description of the staffing and equipment to be used in providing the higher level of life support services. (b) If the applicant is a transporting basic life support service, a plan of action to upgrade from providing basic life support to providing limited advanced life support or advanced life support to take place over a period of not more than 2 years. If the applicant is a transporting limited advanced life support service, a plan of action to upgrade from providing limited advanced life support to providing advanced life support to take place over a period of not more than 2 years. (c) The medical control authority protocols for the ambulance operation upgrade license, along with a recommendation from the medical control authority under which the ambulance operation operates that the ambulance operation upgrade license be issued by the department. (d) Other information required by the department. (9) The statewide emergency medical services coordination committee shall review the information described in subsection (8)(c) and make a recommendation to the department as to whether or not an ambulance operation upgrade license should be granted to the applicant. (10) Upon receipt of a completed application as required under subsection (8), a positive recommendation under subsection (9), and payment of a $100.00 fee, the department shall issue to the applicant an ambulance operation upgrade license. Subject to subsection (12), the license is valid for 2 years from the date of issuance and is renewable for 1 additional 2-year period. An application for renewal of an ambulance operation upgrade license shall contain documentation of the progress made on the plan of action described in subsection (8)(b). In addition, the medical control authority under which the ambulance operation operates shall annually file with the statewide emergency medical services coordination committee a written report on the progress made by the ambulance operation on the plan of action described in subsection (8)(b), including, but not limited to, information on training, equipment, and personnel. (11) If an ambulance operation is designated by its regular license as providing basic life support services, then an ambulance operation upgrade license issued under this section allows the ambulance operation to provide limited advanced life support services or advanced life support services when the ambulance operation is able to staff and equip 1 or more ambulances to provide services at the higher levels. If an ambulance operation is designated by its regular license as providing limited advanced life support services, then an ambulance operation upgrade license issued under this section allows the ambulance operation to provide advanced life support services when the ambulance operation is able to staff No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2271 and equip 1 or more ambulances to provide services at the higher level. An ambulance operation shall not provide services under an ambulance operation upgrade license unless the medical control authority under which the ambulance operation operates has adopted protocols for the ambulance operation upgrade license regarding quality monitoring procedures, use and protection of equipment, and patient care. (12) The department may revoke or fail to renew an ambulance operation upgrade license for a violation of this part or a rule promulgated under this part or for failure to comply with the plan of action filed under subsection (8)(b). An ambulance operation that obtains an ambulance operation upgrade license must annually renew its regular license under subsections (2) to (6). An ambulance operation’s regular license is not affected by the following: (a) The fact that the ambulance operation has obtained or renewed an ambulance operation upgrade license. (b) The fact that an ambulance operation’s ambulance operation upgrade license is revoked or is not renewed under this subsection. (c) The fact that the ambulance operation’s ambulance operation upgrade license expires at the end of the second 2-year period prescribed by subsection (10). (13) By July 22, 2000, the department shall file a written report to the legislature. The department shall include all of the following information in the report: (a) The number of ambulance operations that were qualified under subsection (7) to apply for an ambulance operation upgrade license under subsection (8) during the 3-year period. (b) The number of ambulance operations that in fact applied for an ambulance operation upgrade license during the 3-year period. (c) The number of ambulance operations that successfully upgraded from being a transporting basic life support service to a transporting limited advanced service or a transporting advanced life support service or that successfully upgraded from being a transporting limited advanced life support service to a transporting advanced life support service under an ambulance operation upgrade license. (d) The number of ambulance operations that failed to successfully upgrade, as described in subdivision (c), under an ambulance operation upgrade license, but that improved their services during the 3-year period. (e) The number of ambulance operations that failed to successfully upgrade, as described in subdivision (c), under an ambulance operation upgrade license, and that showed no improvement or a decline in their services. (f) The effect of the amendatory act that added this subsection on the delivery of emergency medical services in this state. Sec. 20921. (1) An ambulance operation shall do all of the following: (a) Provide EXCEPT AS PROVIDED IN SECTION 20921A, PROVIDE at least 1 ambulance available for response to requests for emergency assistance on a 24-hour-a-day, 7-day-a-week basis in accordance with local medical control authority protocols. (b) Respond or ensure that a response is provided to each request for emergency assistance originating from within the bounds of its service area. (c) Operate under the direction of a medical control authority or the medical control authorities with jurisdiction over the ambulance operation. (d) Notify the department immediately of a change that would alter the information contained on its application for an ambulance operation license or renewal. (e) Subject to section 20920(7) to (12) AND SECTION 20921A, provide life support consistent with its license and approved local medical control authority protocols to each emergency patient without prior inquiry into ability to pay or source of payment. (2) An ambulance operation shall not do 1 or more ANY of the following: (a) Knowingly provide a person with false or misleading information concerning the time at which an emergency response will be initiated or the location from which the response is being initiated. (b) Induce or seek to induce any person engaging an ambulance to patronize a long-term care facility, mortuary, or hospital. (c) Advertise, or permit advertising of, within or on the premises of the ambulance operation or within or on an ambulance, the name or the services of an attorney, accident investigator, nurse, physician, long-term care facility, mortuary, or hospital. If 1 of those persons or facilities owns or operates an ambulance operation, the person or facility may use its business name in the name of the ambulance operation and may display the name of the ambulance operation within or on the premises of the ambulance operation or within or on an ambulance. (d) Advertise or disseminate information for the purpose of obtaining contracts under a name other than the name of the person holding an ambulance operation license or the trade or assumed name of the ambulance operation. (e) If the ambulance operation is operating under an ambulance operation upgrade license issued under section 20920(7) to (12), advertise or otherwise hold itself out as a full-time transporting limited advanced life support service or a full‑time transporting advanced life support service unless the ambulance operation actually provides those services on a 24‑hour‑per‑day, 7-day-a-week basis. 2272 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

(3) Except as provided in subsection (4) AND SECTION 20921A, an ambulance operation shall not operate, attend, or permit an ambulance to be operated while transporting a patient unless the ambulance is, at a minimum, staffed as follows: (a) If designated as providing basic life support, with at least 1 emergency medical technician and 1 medical first responder. (b) If designated as providing limited advanced life support, with at least 1 emergency medical technician specialist and 1 emergency medical technician. (c) If designated as providing advanced life support, with at least 1 paramedic and 1 emergency medical technician. (4) An ambulance operation that is licensed to provide advanced life support and has more than 1 ambulance licensed under its operation may operate an ambulance licensed to provide basic life support or limited advanced life support at a higher level of life support if all of the following are met: (a) The ambulance operation has at least 1 ambulance under its operation that is properly staffed and available to provide advanced life support on a 24-hour-a-day, 7-day-a-week basis. (b) The licensed personnel required to operate at that higher level of life support are available at the scene and in the ambulance during the patient transport to provide life support to that patient at that higher level. (c) The ambulance meets all equipment and communication requirements to operate at that higher level of life support. (d) The ambulance operation that is unable to respond to a request for emergency assistance immediately requests assistance pursuant to protocols established by the local medical control authority and approved by the department under this part. (5) Except as provided in subsection (6), an ambulance operation shall ensure that an emergency medical technician, an emergency medical technician specialist, or a paramedic is in the patient compartment of an ambulance while transporting an emergency patient. (6) Subsection (5) does not apply to the transportation of a patient by an ambulance if the patient is accompanied in the patient compartment of the ambulance by an appropriate licensed health professional designated by a physician and after a physician-patient relationship has been established as prescribed in this part or the rules promulgated by the department under this part. SEC. 20921A. (1) A LIMITED OR ADVANCED AMBULANCE OPERATION WHOSE PRIMARY SERVICE AREA IS IN A COUNTY OR MICROPOLITAN AREA WITH A POPULATION OF 10,000 OR LESS AND WHOSE PRIMARY SERVICE AREA HAS A POPULATION DENSITY OF LESS THAN 7 PEOPLE PER SQUARE MILE MAY HAVE AN AMBULANCE AVAILABLE AT LESS THAN THE LIMITED OR ADVANCED LEVEL OF LICENSURE IF BOTH OF THE FOLLOWING CONDITIONS ARE MET: (A) THE MEDICAL CONTROL AUTHORITY UNDER WHICH THE AMBULANCE OPERATION OPERATES AUTHORIZES THE LESSER AVAILABILITY. (B) THE ADVANCED AMBULANCE OPERATION HAS DEPARTMENT–APPROVED LOCAL MEDICAL CONTROL AUTHORITY PROTOCOLS IN PLACE. (2) A BASIC AMBULANCE OPERATION WHOSE PRIMARY SERVICE AREA IS IN A COUNTY OR MICROPOLITAN AREA WITH A POPULATION OF 10,000 OR LESS AND WHOSE PRIMARY SERVICE AREA HAS A POPULATION DENSITY OF LESS THAN 7 PEOPLE PER SQUARE MILE MAY OPERATE AT AN INCREASED LEVEL OF LICENSURE WHEN STAFFED WITH AN EMT-SPECIALIST OR EMT‑PARAMEDIC, IF ALL OF THE FOLLOWING CONDITIONS ARE MET: (A) THE BASIC AMBULANCE IS EQUIPPED AT THE GREATER LICENSURE LEVEL. (B) THE MEDICAL CONTROL AUTHORITY UNDER WHICH THE AMBULANCE OPERATION OPERATES AUTHORIZES THE CONDITIONAL INCREASED LEVEL OF LICENSURE. (C) THE BASIC AMBULANCE OPERATION HAS DEPARTMENT–APPROVED LOCAL MEDICAL CONTROL AUTHORITY PROTOCOLS IN PLACE. (3) AS USED IN THIS SECTION, “MICROPOLITAN AREA” MEANS A MICROPOLITAN STATISTICAL AREA AS MOST RECENTLY DELINEATED BY THE UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. Enacting section 1. Section 20921a of the public health code, 1978 PA 368, MCL 333.20921a, is repealed effective January 1, 2018.” and renumbering the remaining enacting sections. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 867 Yeas—38

Ananich Gregory Kahn Richardville Anderson Hansen Kowall Robertson No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2273

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 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. Senator Green offered to amend the title to read as follows: A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16135, 16216, 16245, 16247, 16248, 16249, 17711, 17748, 17768, 20920, and 20921 (MCL 333.16135, 333.16216, 333.16245, 333.16247, 333.16248, 333.16249, 333.17711, 333.17748, 333. 17768, 333.20920, and 333.20921), section 16135 as amended by 1993 PA 80, section 16216 as amended by 2014 PA 98, sections 16245 and 17768 as amended by 2013 PA 268, sections 16247, 16248, and 16249 as amended by 1993 PA 79, section 17711 as amended by 2014 PA 285, section 17748 as amended by 2014 PA 280, and sections 20920 and 20921 as amended by 2004 PA 200, and by adding sections 16245a and 20921a; and to repeal acts and parts of acts. The amendment to the title was adopted. The Senate agreed to the title as amended.

Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5082 House Bill No. 5669 House Bill No. 4874 House Bill No. 5563 House Bill No. 5636 House Bill No. 5398 2274 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

House Bill No. 5513 House Bill No. 5035 House Bill No. 5036 House Bill No. 5045 The motion prevailed.

The following bill was read a third time: House Bill No. 5082, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” (MCL 722.21 to 722.31) by adding section 7c. 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. 868 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 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 declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5669, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1527 (MCL 380.1527), as added by 1995 PA 289. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2275

Roll Call No. 869 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 question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide 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: House Bill No. 4874, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11708 and 11715 (MCL 324.11708 and 324.11715), section 11708 as amended by 2004 PA 381 and section 11715 as amended by 2012 PA 41. 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. 870 Yeas—25

Booher Hansen Kowall Pavlov Brandenburg Hildenbrand Marleau Proos Casperson Hune Meekhof Richardville Caswell Jansen Moolenaar Robertson 2276 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Colbeck Jones Nofs Schuitmaker Emmons Kahn Pappageorge Walker Green

Nays—13

Ananich Hood Johnson Warren Anderson Hopgood Rocca Whitmer Bieda Hunter Smith Young Gregory

Excused—0

Not Voting—0

In The Chair: Hansen

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 environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

Senator Anderson asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Anderson’s statement is as follows: I wanted to ask members to join me, as there have been quite a few goodbyes from a lot of members losing staff. Since I’m term-limited, I’m having to say goodbye to my entire staff, and I just wanted to ask members to join me in saying goodbye to Michelle Makarewicz, who is with me. She’s now Michelle Zylstra. She married one of our state troopers in the Motor Carrier Division. She’s going to be moving on after today. I told her she had to help us clean up in the office on her way out. She’s done a great job with that while we’ve been over here. I wanted to say goodbye and thank her for all of her hard work. She’s been with me over five years.

The following bill was read a third time: House Bill No. 5563, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8901, 8905a, and 80125 (MCL 324.8901, 324.8905a, and 324.80125), sections 8901 and 8905a as amended by 2004 PA 494 and section 80125 as added by 1995 PA 58, and by adding sections 80130f, 80130g, 80130h, 80130i, 80130j, 80130k, 80130l, 80130m, 80130n, 80130o, 80130p, 81151, and 82161. 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. 871 Yeas—38

Ananich Gregory Kahn Richardville Anderson Hansen Kowall Robertson No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2277

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 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 environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5636, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3101 (MCL 500.3101), as amended by 2008 PA 241. 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. 872 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 2278 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Excused—0

Not Voting—0

In The Chair: Hansen

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, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5398, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 78r. 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. 873 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 No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2279

Colbeck Jansen Pavlov Whitmer Emmons Johnson Proos Young Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Hansen

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5513, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50. 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. 874 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 2280 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Excused—0

Not Voting—0

In The Chair: Hansen

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 create a mobile home commission; to prescribe its powers and duties and those of local governments; to provide for a mobile home code and the licensure, regulation, construction, operation, and management of mobile home parks, the licensure and regulation of retail sales dealers, warranties of mobile homes, and service practices of dealers; to provide for the titling of mobile homes; to prescribe the powers and duties of certain agencies and departments; to provide remedies and penalties; to declare the act to be remedial; to repeal this act on a specific date; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5035, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” (MCL 389.1 to 389.195) by adding section 123a. 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. 875 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 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 and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2281 such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue bonds to finance the training program; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5036, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” (MCL 389.1 to 389.195) by adding section 123b. 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. 876 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 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 and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue bonds to finance the training program; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5045, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 657a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2282 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Roll Call No. 877 Yeas—36

Ananich Gregory Kahn Richardville Bieda Hansen Kowall Robertson Booher Hildenbrand Marleau Rocca Brandenburg Hopgood Meekhof Schuitmaker Casperson Hune Moolenaar Smith Caswell Hunter Nofs Walker Colbeck Jansen Pappageorge Warren Emmons Johnson Pavlov Whitmer Green Jones Proos Young

Nays—2

Anderson Hood

Excused—0

Not Voting—0

In The Chair: Hansen

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title.

Senator Meekhof moved that the following bill be placed at the head of the Third Reading of Bills calendar: House Bill No. 4833 The motion prevailed.

The following bill was read a third time: House Bill No. 4833, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 867 and 881 (MCL 168.867 and 168.881), section 867 as amended by 2013 PA 51 and section 881 as amended by 1995 PA 261. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2283

Roll Call No. 878 Yeas—28

Anderson Gregory Kowall Proos Booher Hansen Marleau Richardville Brandenburg Hildenbrand Meekhof Robertson Casperson Hunter Moolenaar Schuitmaker Caswell Jansen Nofs Smith Colbeck Jones Pappageorge Walker Green Kahn Pavlov Whitmer

Nays—10

Ananich Hood Johnson Warren Bieda Hopgood Rocca Young Emmons Hune

Excused—0

Not Voting—0

In The Chair: Hansen

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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”. The Senate agreed to the full title.

Recess

Senator Meekhof moved that the Senate recess until 6:10 p.m. The motion prevailed, the time being 6:00 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker.

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4760 House Bill No. 5160 House Bill No. 5714 House Bill No. 5812 House Bill No. 5179 2284 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

House Bill No. 5952 House Bill No. 4186 House Bill No. 5317 House Bill No. 5318 House Bill No. 6079 The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time: House Bill No. 4760, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 2014 PA 3. 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. 879 Yeas—36

Ananich Hansen Kahn Richardville Anderson Hildenbrand Kowall Robertson Bieda Hood Marleau Rocca Booher Hopgood Meekhof Schuitmaker Brandenburg Hune Moolenaar Smith Colbeck Hunter Nofs Walker Emmons Jansen Pappageorge Warren Green Johnson Pavlov Whitmer Gregory Jones Proos Young

Nays—0

Excused—0

Not Voting—2

Casperson Caswell

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2285

The following bill was read a third time: House Bill No. 5160, entitled A bill to amend 1972 PA 160, entitled “An act to allow units and subdivisions of government to make agreements; and to provide for costs of administration of agreements,” by amending section 1 (MCL 211.731). 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. 880 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 question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill.

The following bill was read a third time: House Bill No. 5714, entitled A bill to amend 1933 PA 254, entitled “The motor carrier act,” by amending the title, sections 1, 2, 3, and 4 of article I, the heading and sections 1, 3, 5, 8, 9, 10, 13, and 14 of article II, the heading and sections 1, 2, 4, 5, 6, 9, 11, and 12 of article III, sections 1 and 2 of article IV, sections 2, 5, 6, 6a, 6b, 7, 8, 9, 10, 10a, 11, 14, 14a, and 18 of article V, and section 2 of article VI (MCL 475.1, 475.2, 475.3, 475.4, 476.1, 476.3, 476.5, 476.8, 476.9, 476.10, 476.13, 476.14, 477.1, 477.2, 477.4, 477.5, 477.6, 477.9, 477.11, 477.12, 478.1, 478.2, 479.2, 479.5, 479.6, 479.6a, 479.6b, 479.7, 479.8, 479.9, 479.10, 479.10a, 479.11, 479.14, 479.14a, 479.18, and 479.42), the title, section 1 of article I, section 2 of article IV, and sections 8, 9, and 10 of article V as amended by 2008 PA 584, sections 2, 3, and 4 of article I, section 3 of article II, sections 2 and 4 of article III, and sections 6a, 6b, 10a, 14, and 14a of article V as amended and section 2 of article VI as added by 1993 PA 352, sections 1, 8, 9, 13, and 14 of article II, sections 1, 5, 9, 11, and 12 of article III, section 1 of article IV, and section 6 of article V as amended by 1982 PA 399, sections 5 and 10 of article II and section 6 of article III as amended and section 7 of article V as added by 2007 PA 33, section 2 of article V as amended by 2011 PA 111, section 11 of article V as amended by 1994 PA 176, and section 18 of article V as amended by 2000 PA 96, and by adding sections 4a, 7, 7a, 7b, and 9a to article III; 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: 2286 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Roll Call No. 881 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 Colbeck Johnson Pavlov Whitmer Green Jones Proos Young Gregory

Nays—0

Excused—0

Not Voting—1

Emmons

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 promote safety upon and conserve the use of public highways of the state; to provide for the supervision, regulation, and control of the use of such highways by all motor vehicles operated by carriers of property for hire upon or over such highways; to preserve, foster, and regulate transportation and permit the coordination of motor vehicle transportation facilities; to provide for the supervision, regulation, and control of the use of such highways by all motor vehicles for hire for such purposes; to classify and regulate carriers of property by motor vehicles for hire upon such public highways for such purposes; to give the Michigan Public Service Commission jurisdiction and authority to prevent evasion of this act through any device or arrangement; to insure adequate transportation service; to give the commission jurisdiction and authority to fix, alter, regulate, and determine rates, fares, charges, classifications, and practices of common motor carriers for such purposes; to give the commission jurisdiction and authority to require registration, conduct audits, and assess fees for motor carriers for unified carrier registration; to require filing with the commission of rates, fares, and charges of contract carriers and to authorize the commission to prescribe minimum rates, fares, and charges, and to require the observance thereof; to prevent unjust discrimination; to prescribe the powers and duties of said commission with reference thereto; to provide for appeals from the orders of such commission; to confer jurisdiction upon the circuit court for the county of Ingham for such appeals; to provide for the levy and collection of certain privilege fees and taxes for such carriers for such purposes and the disposition of such fees and taxes; and to provide for the enforcement of this act; and to prescribe penalties for its violations,”. The Senate agreed to the full title.

Senator Meekhof moved to reconsider the vote by which the following bill was given immediate effect: House Bill No. 5513, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50. The motion prevailed, a majority of the members serving voting therefor. The question being on the motion to give the bill immediate effect, Senator Meekhof withdrew the motion. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2287

The following bill was read a third time: House Bill No. 5812, entitled A bill to amend 2010 PA 123, entitled “Uniform real property electronic recording act,” by amending section 5 (MCL 565.845). 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. 882 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 create the uniform real property electronic recording act; and to create an electronic recording commission and provide for its powers and duties,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5179, entitled A bill to authorize the state administrative board to convey certain parcels of state-owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments and local units of government in regard to the property; and to provide for disposition of revenue derived from the conveyance. 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. 883 Yeas—28

Ananich Gregory Kowall Richardville Bieda Hansen Meekhof Robertson Booher Hildenbrand Moolenaar Rocca 2288 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Brandenburg Jansen Nofs Schuitmaker Casperson Johnson Pappageorge Walker Caswell Jones Pavlov Warren Colbeck Kahn Proos Whitmer

Nays—10

Anderson Hood Hunter Smith Emmons Hopgood Marleau Young Green Hune

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. The Senate agreed to the title of the bill.

The following bill was read a third time: House Bill No. 5952, entitled A bill to authorize the department of natural resources to accept and convey property in Oakland county; to prescribe conditions for the acceptance and conveyance of the property; and to provide for disposition of revenue. 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. 884 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 No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2289

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. The Senate agreed to the title of the bill.

The following bill was read a third time: House Bill No. 4186, entitled A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending sections 1 and 3 (MCL 780.621 and 780.623), section 1 as amended by 2014 PA 335 and section 3 as amended by 1994 PA 294. 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. 885 Yeas—38

Ananich Gregory Kahn Richardville Anderson Hansen Kowall Robertson Bieda Hildenbrand Marleau Rocca Booher Hood Meekhof Schuitmaker Brandenburg Hopgood Moolenaar Smith Casperson Hune Nofs Walker Caswell Hunter Pappageorge Warren Colbeck Jansen Pavlov Whitmer Emmons Johnson Proos Young Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill.

The following bill was read a third time: House Bill No. 5317, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 5 (MCL 325.1005), as amended by 1998 PA 56. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2290 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Roll Call No. 886 Yeas—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

Nays—12

Ananich Gregory Hunter Warren Anderson Hood Johnson Whitmer Bieda Hopgood Smith Young

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 protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5318, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13g. 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. 887 Yeas—26

Booher Hansen Marleau Proos Brandenburg Hildenbrand Meekhof Richardville Casperson Hune Moolenaar Robertson Caswell Jansen Nofs Rocca Colbeck Jones Pappageorge Schuitmaker No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2291

Emmons Kahn Pavlov Walker Green Kowall

Nays—12

Ananich Gregory Hunter Warren Anderson Hood Johnson Whitmer Bieda Hopgood Smith Young

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 create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6079, entitled A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 453 (MCL 451.2453), as added by 2014 PA 355. 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. 888 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 2292 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

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 enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to regulate Michigan investment markets; to make uniform the law with reference to securities; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of Motions and Communications

Senator Meekhof moved that the Committee on Local Government and Elections be discharged from further consideration of the following bills: House Bill No. 5667, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 4 (MCL 168.4), as amended by 2012 PA 523 and by adding section 771a.

House Bill No. 5868, entitled A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 3 (MCL 397.173), as amended by 2005 PA 60, and by adding sections 3c and 3d. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 5667 House Bill No. 5868 The motion prevailed, a majority of the members serving voting therefor.

Senator Meekhof moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5823 The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the Senate returned to the order of General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5667, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 4 (MCL 168.4), as amended by 2012 PA 523 and by adding section 771a. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2293

House Bill No. 5868, entitled A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 3 (MCL 397.173), as amended by 2005 PA 60, and by adding sections 3c and 3d. 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. 5792, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.102, 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), section 102 as amended by 2000 PA 252, sec­ tions 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 31, following line 22, by inserting: “Enacting section 1. This amendatory act takes effect January 1, 2015. Enacting section 2. This amendatory act does not take effect unless House Bill No. 5823 of the 97th Legislature is enacted into law.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5823, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17. Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 15, following line 8, by inserting: “Enacting section 1. This amendatory act takes effect January 1, 2015.” and renumbering the remaining enacting section. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5792 House Bill No. 5823 House Bill No. 5667 House Bill No. 5868 The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time: House Bill No. 5792, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.102, 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), section 102 as amended by 2000 PA 252, sec­ tions 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2294 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Roll Call No. 889 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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2295

The following bill was read a third time: House Bill No. 5823, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2108 and 2406 (MCL 500.2108 and 500.2406), section 2406 as amended by 1993 PA 200, and by adding chapter 17. 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. 890 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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the 2296 JOURNAL OF THE SENATE [December 18, 2014] [No. 84 regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5667, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 4 (MCL 168.4), as amended by 2012 PA 523 and by adding section 771a. 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. 891 Yeas—38

Ananich Gregory Kahn Richardville Anderson Hansen Kowall Robertson Bieda Hildenbrand Marleau Rocca Booher Hood Meekhof Schuitmaker Brandenburg Hopgood Moolenaar Smith Casperson Hune Nofs Walker Caswell Hunter Pappageorge Warren Colbeck Jansen Pavlov Whitmer Emmons Johnson Proos Young Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator 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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5868, entitled A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 3 (MCL 397.173), as amended by 2005 PA 60, and by adding sections 3c and 3d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2297

Roll Call No. 892 Yeas—38

Ananich Gregory Kahn Richardville Anderson Hansen Kowall Robertson Bieda Hildenbrand Marleau Rocca Booher Hood Meekhof Schuitmaker Brandenburg Hopgood Moolenaar Smith Casperson Hune Nofs Walker Caswell Hunter Pappageorge Warren Colbeck Jansen Pavlov Whitmer Emmons Johnson Proos Young Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator 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 for the establishment and maintenance of district libraries; to provide for district library boards; to define the powers and duties of certain state and local governmental entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

Recess

Senator Meekhof moved that the Senate recess until 8:00 p.m. The motion prevailed, the time being 7:03 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator Hansen.

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 8:01 p.m.

8:39 p.m.

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

By unanimous consent the Senate returned to the order of Messages from the House

Senate Bill No. 78, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 504, 35101, 35501, 35502, 35503, and 52502 (MCL 324.504, 324.35101, 324.35501, 324.35502, 324.35503, and 324.52502), 2298 JOURNAL OF THE SENATE [December 18, 2014] [No. 84 section 504 as amended by 2009 PA 47, section 35101 as amended by 1996 PA 290, sections 35501, 35502, and 35503 as added by 1995 PA 59, and section 52502 as added by 2004 PA 125; and to repeal acts and parts of acts. 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. 93, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1076. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and amended the title to read as follows: A bill to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 90. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 893 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 question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 105, entitled A bill to amend 1990 PA 250, entitled “DNA identification profiling system act,” by amending the title and sections 2, 3, 3a, 5, and 6 (MCL 28.172, 28.173, 28.173a, 28.175, and 28.176), the title and section 3 as amended by 1998 PA 522, sections 2 and 6 as amended and section 5 as added by 2008 PA 535, and section 3a as amended by 2008 PA 533. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2299

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. 106, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 2003 PA 77. 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. 107, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520m (MCL 750.520m), as amended by 2008 PA 380. 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. 269, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), section 7 as amended by 2009 PA 183 and section 8 as amended by 2011 PA 254. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 2000 PA 489, entitled “An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials,” by amending sections 7 and 8 (MCL 12.257 and 12.258), section 7 as amended by 2014 PA 186 and section 8 as amended by 2011 PA 254. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Meekhof moved that further consideration of the bill be postponed temporarily. The motion prevailed.

Senate Bill No. 270, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88a, 88b, and 89c (MCL 125.2088a, 125.2088b, and 125.2089c), section 88a as amended by 2011 PA 22, section 88b as amended by 2012 PA 145, and section 89c as added by 2008 PA 98. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Meekhof moved that further consideration of the bill be postponed temporarily. The motion prevailed. 2300 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Senate Bill No. 271, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88r, 90a, 90b, 90c, and 90d (MCL 125.2088r, 125.2090a, 125.2090b, 125.2090c, and 125.2090d), section 88r as added by 2011 PA 250 and sections 90a, 90b, 90c, and 90d as amended by 2012 PA 395. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Meekhof moved that further consideration of the bill be postponed temporarily. The motion prevailed.

Senate Bill No. 295, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 894 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: Hansen

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. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2301

Senate Bill No. 317, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1076. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and amended the title to read as follows: A bill to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 1065. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 895 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 as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 427, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 43 (MCL 421.43), as amended by 2004 PA 243. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental 2302 JOURNAL OF THE SENATE [December 18, 2014] [No. 84 agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 43 (MCL 421.43), as amended by 2014 PA 241. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 896 Yeas—37

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 Johnson Pavlov Whitmer Emmons Jones Proos Young Green

Nays—1

Jansen

Excused—0

Not Voting—0

In The Chair: Hansen

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 492, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1147 (MCL 380.1147), as amended by 2012 PA 198. 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. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2303

Senate Bill No. 493, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding sect­ ion 205a. 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. 753, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3109 (MCL 324.3109), as amended by 2005 PA 241. 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. 795, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41305 (MCL 324.41305), as amended by 2009 PA 52, and by adding section 41310. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 41301, 41302, 41303, 41305, and 41306 (MCL 324.41301, 324.41302, 324.41303, 324.41305, and 324.41306), section 41301 as amended by 2014 PA 358 and section 41302 as added and sections 41303, 41305, and 41306 as amended by 2009 PA 52, and by adding sections 41302a and 41310. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 897 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 2304 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Excused—0

Not Voting—0

In The Chair: Hansen

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 796, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2005 PA 81. 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.

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

Senate Bill No. 800, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 41309, 47361, and 48738 (MCL 324.41309, 324.47361, and 324.48738), section 41309 as amended by 2009 PA 52, section 47361 as added by 1995 PA 57, and section 48738 as amended by 2003 PA 270. The House of Representatives has amended the bill as follows: 1. Amend page 3, line 8, after “species” by inserting “OR WHO VIOLATES SECTION 41303(3)”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 898 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 No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2305

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 852, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2012 PA 490. 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.

Senate Bill No. 941, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 16901, 16902, 16903, 16903b, 16903c, 16904, 16905, 16906, 16908, 16909, 16909a, and 16911 (MCL 324.16901, 324.16902, 324.16903, 324.16903b, 324.16903c, 324.16904, 324.16905, 324.16906, 324.16908, 324.16909, 324.16909a, and 324.16911), sections 16901 and 16909 as amended by 2006 PA 520, section 16902 as amended by 2006 PA 521, section 16903 as amended by 2006 PA 522, section 16903b as amended by 2006 PA 523, section 16903c as added by 2002 PA 496, sections 16904 and 16905 as amended by 2006 PA 527, section 16906 as amended by 2006 PA 529, section 16908 as amended by 2006 PA 524, section 16909a as added by 2006 PA 530, and section 16911 as added by 2006 PA 525, and by adding sections 16904b and 16908c. The House of Representatives has amended the bill as follows: 1. Amend page 29, line 1, after “A” by striking out “FELONY” and inserting “MISDEMEANOR”. 2. Amend page 29, line 1, after “THAN” by striking out the balance of the line through “YEARS” on line 2 and inserting “1 YEAR”. 3. Amend page 29, line 19, after “FORFEITURE” by inserting “IN THE SAME MANNER”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendments made to the bill by the House, The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 899 Yeas—38

Ananich Gregory Kahn Richardville Anderson Hansen Kowall Robertson Bieda Hildenbrand Marleau Rocca Booher Hood Meekhof Schuitmaker 2306 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Brandenburg Hopgood Moolenaar Smith Casperson Hune Nofs Walker Caswell Hunter Pappageorge Warren Colbeck Jansen Pavlov Whitmer Emmons Johnson Proos Young Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 961, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as amended by 2012 PA 356. 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. 962, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 7 (MCL 207.557), as amended by 2013 PA 85. 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.

Senate Bill No. 974, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2014 PA 342. 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. No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2307

Senate Bill No. 975, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2014 PA 304. 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. 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 House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: 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 8 and 9a (MCL 41.728 and 41.729a), section 9a as amended by 1995 PA 139. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 900 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 2308 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 1049, entitled A bill to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances. 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.

Senate Bill No. 1055, entitled A bill to amend 1937 PA 153, entitled “An act relative to printing for this state; to establish the requirements of responsible bidders; to provide exemptions from this act; to prescribe penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” by amending section 1 (MCL 24.61). The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 901 Yeas—24

Ananich Hildenbrand Marleau Proos Casperson Hune Meekhof Richardville Colbeck Hunter Moolenaar Robertson Emmons Jansen Nofs Schuitmaker Green Kahn Pappageorge Smith Hansen Kowall Pavlov Walker

Nays—14

Anderson Caswell Johnson Warren Bieda Gregory Jones Whitmer Booher Hood Rocca Young Brandenburg Hopgood

Excused—0

Not Voting—0

In The Chair: Schuitmaker No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2309

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.

Senate Bill No. 1082, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 196a. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 902 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 Walker Caswell Hunter Nofs Warren Colbeck Jansen Pappageorge Whitmer Emmons Johnson Pavlov Young Green

Nays—0

Excused—0

Not Voting—1

Smith

In The Chair: Schuitmaker

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 1086, entitled A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 5 (MCL 803.305), as amended by 1998 PA 517. 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. 2310 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Senate Bill No. 1088, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 142 (MCL 389.142), as amended by 2012 PA 153. 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. 1142, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2014 PA 12, and by adding section 19a. 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 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. 211, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 1980 PA 457. 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. 879, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 13524. 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. 1033, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 129. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 903 Yeas—26

Booher Hansen Marleau Proos Brandenburg Hildenbrand Meekhof Richardville Casperson Hune Moolenaar Robertson No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2311

Caswell Jansen Nofs Rocca Colbeck Johnson Pappageorge Schuitmaker Emmons Jones Pavlov Walker Green Kowall

Nays—12

Ananich Gregory Hunter Warren Anderson Hood Kahn Whitmer Bieda Hopgood Smith Young

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 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.

The Assistant President pro tempore, Senator Hansen, resumed the Chair.

Senate Bill No. 1167, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 544c (MCL 168.544c), as amended by 2014 PA 94. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending section 544c (MCL 168.544c), as amended by 2014 PA 94; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Meekhof moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 904 Yeas—36

Ananich Gregory Jones Richardville Anderson Hansen Kowall Robertson Bieda Hildenbrand Marleau Rocca Booher Hood Meekhof Schuitmaker 2312 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Brandenburg Hopgood Moolenaar Smith Casperson Hune Nofs Walker Caswell Hunter Pappageorge Warren Emmons Jansen Pavlov Whitmer Green Johnson Proos Young

Nays—2

Colbeck Kahn

Excused—0

Not Voting—0

In The Chair: Hansen

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senator Meekhof moved that the following bills be placed at the head of the Messages from the House calendar: Senate Bill No. 797 Senate Bill No. 799 The motion prevailed.

Senate Bill No. 797, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4701 (MCL 600.4701), as amended by 2010 PA 363. Substitute (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 905 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 No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2313

Excused—0

Not Voting—0

In The Chair: Hansen

The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 799, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 92 (MCL 24.292), as amended by 1996 PA 237. (This bill was returned from the House without amendment on December 17 and the recommendation for immediate effect postponed. See Senate Journal No. 83, p. 2239.) 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.

Senator Meekhof moved that rule 3.202 be suspended to permit immediate consideration of the following bill: Senate Bill No. 1140 The motion prevailed, a majority of the members serving voting therefor.

Senate Bill No. 1140, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3113 (MCL 500.3113), as amended by 1986 PA 93. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create 2314 JOURNAL OF THE SENATE [December 18, 2014] [No. 84 an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” by amending sections 3113 and 3114 (MCL 500.3113 and 500.3114), section 3113 as amended by 1986 PA 93 and section 3114 as amended by 2002 PA 38. The question being on concurring in the substitute made to the bill by the House, Senator Smith offered the following amendment to the substitute: 1. Amend page 2, following line 12, by striking out all of section 3114. The amendment to the substitute was adopted. The question being on concurring in the House substitute as amended, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 906 Yeas—20

Booher Hansen Jones Richardville Brandenburg Hildenbrand Marleau Robertson Casperson Hune Meekhof Rocca Colbeck Hunter Nofs Schuitmaker Emmons Jansen Pappageorge Smith

Nays—17

Ananich Gregory Kahn Proos Anderson Hood Kowall Warren Bieda Hopgood Moolenaar Whitmer Caswell Johnson Pavlov Young Green

Excused—0

Not Voting—1

Walker

In The Chair: Hansen

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. Senator Smith offered to amend the title to read as follows: A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3113 (MCL 500.3113), as amended by 1986 PA 93. The amendment to the title was adopted. The Senate agreed to the title as amended.

By unanimous consent the Senate returned to the order of Motions and Communications

Senator Meekhof moved that the Committee on Judiciary be discharged from further consideration of the following bills: House Bill No. 5928, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1a, 1l, 11, 12, 13, and 34 of chapter IX and section 21 of chapter XVII (MCL 769.1a, 769.1l, 769.11, 769.12, 769.13, 769.34, and 777.21), No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2315 section 1a of chapter IX as amended by 2009 PA 27, section 1l of chapter IX as added by 2005 PA 325, sections 11 and 13 of chapter IX and section 21 of chapter XVII as amended by 2006 PA 655, section 12 of chapter IX as amended by 2012 PA 319, and section 34 of chapter IX as amended by 2002 PA 666, and by adding sections 32a and 33a to chapter IX; and to repeal acts and parts of acts.

House Bill No. 5929, entitled A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending sections 2, 3, 4, 5, 7, 8, and 11 (MCL 791.402, 791.403, 791.404, 791.405, 791.407, 791.408, and 791.411).

House Bill No. 5930, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI and the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771.2, 771A.3, 771A.4, 771A.5, and 771A.6), section 2 of chapter XI as amended by 2010 PA 351 and sections 3, 4, 5, and 6 of chapter XIA as added by 2012 PA 616.

House Bill No. 5931, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33e and 35 (MCL 791.233e and 791.235), section 33e as added by 1992 PA 181 and section 35 as amended by 2012 PA 24. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 5928 House Bill No. 5929 House Bill No. 5930 House Bill No. 5931 The motion prevailed, a majority of the members serving voting therefor.

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:07 p.m.

10:52 p.m.

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

By unanimous consent the Senate returned to the order of General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator Hansen, designated Senator Hildenbrand as Chair­ person. 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. 5930, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI and the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771.2, 771A.3, 771A.4, 771A.5, and 771A.6), section 2 of chapter XI as amended by 2010 PA 351 and sections 3, 4, 5, and 6 of chapter XIA as added by 2012 PA 616. 2316 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

House Bill No. 5931, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33e and 35 (MCL 791.233e and 791.235), section 33e as added by 1992 PA 181 and section 35 as amended by 2012 PA 24. 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. 5928, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1a, 1l, 11, 12, 13, and 34 of chapter IX and section 21 of chapter XVII (MCL 769.1a, 769.1l, 769.11, 769.12, 769.13, 769.34, and 777.21), section 1a of chapter IX as amended by 2009 PA 27, section 1l of chapter IX as added by 2005 PA 325, sections 11 and 13 of chapter IX and section 21 of chapter XVII as amended by 2006 PA 655, section 12 of chapter IX as amended by 2012 PA 319, and section 34 of chapter IX as amended by 2002 PA 666, and by adding sections 32a and 33a to chapter IX; and to repeal acts and parts of acts. Substitute (S-9). 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 amendments, the following bill: House Bill No. 5929, entitled A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending sections 2, 3, 4, 5, 7, 8, and 11 (MCL 791.402, 791.403, 791.404, 791.405, 791.407, 791.408, and 791.411). The following are the amendments recommended by the Committee of the Whole: 1. Amend page 2, line 4, after “OFFERS” by striking out “SANCTIONS” and inserting “PROGRAMS”. 2. Amend page 12, line 8, after “OPTIONS” by striking out the balance of the subdivision and inserting “FOR IMPOSITION AT THE DISCRETION OF THE COURT, INCLUDING COMMUNITY SUPERVISION AND PROGRAMMING SERVICES FOR ELIGIBLE OFFENDERS.”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5928 House Bill No. 5929 House Bill No. 5930 House Bill No. 5931 The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time: House Bill No. 5928, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 32a and 33a to chapter IX; 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. 907 Yeas—38

Ananich Gregory Kahn Richardville Anderson Hansen Kowall Robertson Bieda Hildenbrand Marleau Rocca Booher Hood Meekhof Schuitmaker No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2317

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

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 revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5929, entitled A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending sections 2, 3, 4, 5, 7, 8, and 11 (MCL 791.402, 791.403, 791.404, 791.405, 791.407, 791.408, and 791.411). 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. 908 Yeas—37

Ananich Hansen Kahn Richardville Bieda Hildenbrand Kowall Robertson Booher Hood Marleau Rocca Brandenburg Hopgood Meekhof Schuitmaker Casperson Hune Moolenaar Smith Caswell Hunter Nofs Walker 2318 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Colbeck Jansen Pappageorge Warren Emmons Johnson Pavlov Whitmer Green Jones Proos Young Gregory

Nays—1

Anderson

Excused—0

Not Voting—0

In The Chair: Hansen

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 for the funding of community-based corrections programs through local governmental subdivisions or certain nonprofit agencies; to prescribe the powers and duties of certain state officers and agencies; to provide for community corrections advisory boards and prescribe their powers and duties; to create an office of community alternatives and a state community corrections board within the department of corrections and prescribe their powers and duties; and to provide for the promulgation of rules,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 5930, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI and the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771.2, 771A.3, 771A.4, 771A.5, and 771A.6), section 2 of chapter XI as amended by 2010 PA 351 and sections 3, 4, 5, and 6 of chapter XIA as added by 2012 PA 616. The question being on the passage of the bill, The bill was defeated, a majority of the members serving not voting therefor, as follows:

Roll Call No. 909 Yeas—11

Bieda Emmons Hune Meekhof Caswell Hansen Jansen Smith Colbeck Hopgood Kowall

Nays—27

Ananich Hildenbrand Moolenaar Rocca Anderson Hood Nofs Schuitmaker Booher Hunter Pappageorge Walker Brandenburg Johnson Pavlov Warren Casperson Jones Proos Whitmer Green Kahn Richardville Young Gregory Marleau Robertson No. 84] [December 18, 2014] JOURNAL OF THE SENATE 2319

Excused—0

Not Voting—0

In The Chair: Hansen

The following bill was read a third time: House Bill No. 5931, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33e and 35 (MCL 791.233e and 791.235), section 33e as added by 1992 PA 181 and section 35 as amended by 2012 PA 24. The question being on the passage of the bill, The bill was defeated, a majority of the members serving not voting therefor, as follows:

Roll Call No. 910 Yeas—12

Bieda Emmons Hune Marleau Caswell Hansen Jansen Meekhof Colbeck Hopgood Kowall Smith

Nays—26

Ananich Hildenbrand Nofs Rocca Anderson Hood Pappageorge Schuitmaker Booher Hunter Pavlov Walker Brandenburg Johnson Proos Warren Casperson Jones Richardville Whitmer Green Kahn Robertson Young Gregory Moolenaar

Excused—0

Not Voting—0

In The Chair: Hansen

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 11:06 p.m.

11:40 p.m.

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

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 Friday, December 19, at 12:15 a.m. The motion prevailed. 2320 JOURNAL OF THE SENATE [December 18, 2014] [No. 84

Committee Reports

The Committee on Insurance reported House Bill No. 5823, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

Scheduled Meetings

Conference Committees - Gasoline Sales Tax (HB 4539) - Friday, December 19, 12:15 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-1260) Motor Fuel Tax (HB 5477) - Friday, December 19, 12:17 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-1260) Vehicle Registration Fees (HB 4630) - Friday, December 19, 12:16 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-1260)

Senator Meekhof moved that the Senate adjourn. The motion prevailed, the time being 11:41 p.m.

In pursuance of the order previously made, the Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Friday, December 19, 2014, at 12:15 a.m.

CAROL MOREY VIVENTI Secretary of the Senate