No. 71
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2014
Senate Chamber, Lansing, Wednesday, October 22, 2014.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.
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—excused
Senator Bruce E. Caswell of the 16th District offered the following invocation:
Heavenly Father, we ask You today to remind us of the great duty we have to each other, which is forgiveness. When we are wronged, we need to forgive. When we wrong others, we need to ask for forgiveness. Help us, Lord, to understand that after being scourged, beaten, and nailed to a cross, some of Your final words were, “Forgive them, Father, for they know not what they do.”
As we go through our trials, help us to remember, Lord, that we have never been treated as badly as You were. If you can forgive, then so can we. Help us to overcome our human frailties—our pride and our arrogance. Help us to be humble in all that we do.
In Jesus’ name, we pray. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Brandenburg, Emmons and Jansen entered the Senate Chamber.
Senator Hopgood moved that Senators Hunter, Ananich, Gregory and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senator Kahn be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senator Nofs be excused from today’s session.
The motion prevailed.
Senators Gregory and Young entered the Senate Chamber.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04 a.m.
10:18 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Ananich, Kahn and Hunter entered the Senate Chamber.
The following communications were received and read:
Joint Committee on Administrative Rules
October 1, 2014
Pursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived the remaining session days for the following rule set:
Department of Licensing and Regulatory Affairs
Bureau of Fire Services, Storage Tank Division
Storage and Handling of Flammable and Combustible Liquids
(2013-028 LR) (JCAR 14-22)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
October 1, 2014
Pursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived the remaining session days for the following rule set:
Department of Licensing and Regulatory Affairs
Bureau of Fire Services, Storage Tank Division
Storage and Handling of Liquefied Petroleum Gases (LPG)
(2014-012 LR) (JCAR 14-32)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
October 1, 2014
Pursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived the remaining session days for the following rule set:
Department of Licensing and Regulatory Affairs
Bureau of Fire Services, Storage Tank Division
Vehicular Gaseous Fuel Systems
(2013-108 LR) (JCAR 14-26)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
October 1, 2014
Pursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived the remaining session days for the following rule set:
Department of Treasury
State Treasurer
School Bond Qualification, Approval, and Loan Rules
(2013-106 TY) (JCAR 14-33)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
Sincerely,
Senator John Pappageorge
Presiding Co-Chair
Representative Tom McMillin
Co-Chair
The communications were referred to the Secretary for record.
The following communications were received and read:
Office of the Auditor General
October 9, 2014
Enclosed is a copy of the following audit report:
Performance audit of the Use of Transportation-Related Funding.
October 17, 2014
Enclosed is a copy of the following audit report:
Performance audit of the Hawthorn Center, Bureau of Hospitals and Administrative Operations, Department of Community Health.
Sincerely,
Doug Ringler
Auditor General
The audit reports were referred to the Committee on Government Operations.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
September 12, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-087-LR (Secretary of State Filing #14-09-02) on this date at 2:04 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Board of Athletic Trainers.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
September 12, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-088-LR (Secretary of State Filing #14-09-03) on this date at 2:06 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Barbers.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
September 12, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-096-LR (Secretary of State Filing #14-09-04) on this date at 2:08 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Condominiums.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
September 12, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-101-LR (Secretary of State Filing #14-09-05) on this date at 2:10 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Architects.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
September 16, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-005-LR (Secretary of State Filing #14-09-06) on this date at 1:24 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 52. Sawmills GI.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
September 24, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-071-LR (Secretary of State Filing #14-09-07) on this date at 2:56 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Program for Utilization of Unused Prescription Drugs.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
September 24, 2014
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-065-EQ (Secretary of State Filing #14-09-08) on this date at 2:58 p.m. for the Department of Environmental Quality, entitled “Part 14. Clean Corporate Citizen.”
These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.
Sincerely,
Ruth Johnson
Secretary of State
Robin L. Houston, Departmental Supervisor
Office of the Great Seal
The communications were referred to the Secretary for record.
The following communication was received:
Department of State Police
October 3, 2014
The Michigan State Police (MSP) Criminal Justice Information Center has developed and published the 2013 Crime in Michigan. This publication is a compilation of crime statistics collected by 574 police agencies in Michigan and is available on the MSP website - www.michigan.gov/micr .
The following categories showed a decrease in crime from 2012 to 2013:
Arson, 16%
Burglary, 16%
Homicides, 7%
Sexual Assaults, 6%
Aggravated/Felonious Assault, 5%
Larceny, 5%
Motor Vehicle Theft, 2%
Robbery, 1%
Overall, there was a 7.25% decrease in violent crime.
If you have any questions regarding the information in this report, please feel free to contact the MSP, Michigan Incident Crime Reporting Unit at (517) 241-1704.
Sincerely,
Kriste Etue
Director
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, October 2:
House Bill Nos. 5182 5422 5563 5578 5636 5714 5792 5823 5839 5840 5841 5842
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, October 7, for his approval the following bills:
Enrolled Senate Bill No. 857 at 3:18 p.m.
Enrolled Senate Bill No. 705 at 3:20 p.m.
Enrolled Senate Bill No. 991 at 3:22 p.m.
Enrolled Senate Bill No. 882 at 3:24 p.m.
Enrolled Senate Bill No. 1016 at 3:26 p.m.
Enrolled Senate Bill No. 205 at 3:28 p.m.
Enrolled Senate Bill No. 206 at 3:30 p.m.
Enrolled Senate Bill No. 585 at 3:32 p.m.
Enrolled Senate Bill No. 587 at 3:34 p.m.
Enrolled Senate Bill No. 590 at 3:36 p.m.
Enrolled Senate Bill No. 592 at 3:38 p.m.
Enrolled Senate Bill No. 593 at 3:40 p.m.
Enrolled Senate Bill No. 597 at 3:42 p.m.
Enrolled Senate Bill No. 602 at 3:44 p.m.
Enrolled Senate Bill No. 861 at 3:46 p.m.
Enrolled Senate Bill No. 890 at 3:48 p.m.
Enrolled Senate Bill No. 1004 at 3:50 p.m.
Enrolled Senate Bill No. 863 at 3:52 p.m.
Enrolled Senate Bill No. 998 at 3:54 p.m.
Enrolled Senate Bill No. 1021 at 3:56 p.m.
Enrolled Senate Bill No. 1036 at 3:58 p.m.
Enrolled Senate Bill No. 584 at 4:00 p.m.
The Secretary announced that the following bills were printed and filed on Thursday, October 2, and are available at the Michigan Legislature website:
House Bill Nos. 5869 5870 5871 5872 5873 5874 5875 5876 5877 5878
The Secretary announced that the following bills and joint resolutions were printed and filed on Friday, October 3, and are available at the Michigan Legislature website:
Senate Bill Nos. 1101 1102 1104 1105 1106 1107 1108
House Bill Nos. 5879 5880 5881 5882 5883 5884 5885 5886 5887 5888
House Joint Resolutions OO PP
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:
Senate Bill No. 1103
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Governor
The following messages from the Governor were received:
Date: October 9, 2014
Time: 12:34 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 882 (Public Act No. 301), being
An act to amend 1951 PA 51, entitled” An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 18j (MCL 247.668j), as added by 2012 PA 506.
(Filed with the Secretary of State on October 9, 2014, at 4:07 p.m.)
Date: October 9, 2014
Time: 12:36 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1016 (Public Act No. 302), being
An act to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2012 PA 621.
(Filed with the Secretary of State on October 9, 2014, at 4:09 p.m.)
Date: October 9, 2014
Time: 5:20 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 705 (Public Act No. 307), being
An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 17a of chapter XIIA (MCL 712A.17a).
(Filed with the Secretary of State on October 10, 2014, at 2:26 p.m.)
Date: October 9, 2014
Time: 5:22 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 861 (Public Act No. 306), being
An act to amend 1982 PA 249, entitled “An act to establish the state children’s trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund,” by amending section 1 (MCL 21.171), as amended by 2008 PA 238.
(Filed with the Secretary of State on October 10, 2014, at 2:24 p.m.)
Date: October 9, 2014
Time: 5:24 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 890 (Public Act No. 308), being
An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending sections 115f, 115g, 115h, 115i, 115j, 115l, and 115m (MCL 400.115f, 400.115g, 400.115h, 400.115i, 400.115j, 400.115l, and 400.115m), section 115f as amended by 2004 PA 193, sections 115g and 115i as amended by 2009 PA 17, section 115h as added by 1994 PA 238, section 115j as amended by 2011 PA 230, and sections 115l and 115m as amended by 2002 PA 648, and by adding section 115t.
(Filed with the Secretary of State on October 10, 2014, at 2:28 p.m.)
Date: October 13, 2014
Time: 9:36 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 857 (Public Act No. 314), being
An act to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” (MCL 691.1501 to 691.1507) by adding section 3.
(Filed with the Secretary of State on October 14, 2014, at 10:05 a.m.)
Date: October 14, 2014
Time: 9:40 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 998 (Public Act No. 318), being
An act to create the sexual assault evidence kit tracking and reporting act; to require the tracking and reporting of sexual assault evidence kit information; to create the sexual assault evidence kit tracking and reporting commission; to prescribe the powers and duties of the sexual assault evidence kit tracking and reporting commission; to create a database of information to track and report sexual assault evidence kit information; to make appropriations for various state departments and agencies for the fiscal year ending September 30, 2015, and every subsequent fiscal year, and to provide for the expenditure of the appropriations; and to prescribe the powers and duties of certain state departments and officials.
(Filed with the Secretary of State on October 14, 2014, at 11:56 a.m.)
Date: October 14, 2014
Time: 9:42 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1004 (Public Act No. 319), being
An act to create a sexual assault victim’s access to justice act; to provide for certain victim’s rights in sexual assault cases; to require certain notifications; and to require certain duties of certain state and local officials and agencies.
(Filed with the Secretary of State on October 14, 2014, at 11:58 a.m.)
Date: October 14, 2014
Time: 9:44 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1021 (Public Act No. 320), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 21527 (MCL 333.21527), as added by 1988 PA 3.
(Filed with the Secretary of State on October 14, 2014, at 12:00 p.m.)
Date: October 14, 2014
Time: 9:46 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1036 (Public Act No. 321), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5129 (MCL 333.5129), as amended by 2004 PA 98.
(Filed with the Secretary of State on October 14, 2014, at 12:02 p.m.)
Date: October 14, 2014
Time: 10:37 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 863 (Public Act No. 316), being
An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 6b of chapter V (MCL 765.6b), as amended by 2013 PA 54.
(Filed with the Secretary of State on October 14, 2014, at 11:52 a.m.)
Date: October 15, 2014
Time: 10:56 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 205 (Public Act No. 326), being
An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 449a and 450 (MCL 750.449a and 750.450), section 450 as amended by 2002 PA 46.
(Filed with the Secretary of State on October 16, 2014, at 3:29 p.m.)
Date: October 15, 2014
Time: 10:58 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 206 (Public Act No. 327), being
An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.
(Filed with the Secretary of State on October 16, 2014, at 3:31 p.m.)
Date: October 15, 2014
Time: 11:00 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 587 (Public Act No. 337), being
An act to amend 1994 PA 203, entitled “An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,” by amending section 4c (MCL 722.954c), as added by 1997 PA 172.
(Filed with the Secretary of State on October 16, 2014, at 3:51 p.m.)
Date: October 15, 2014
Time: 11:02 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 585 (Public Act No. 334), being
An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 451c.
(Filed with the Secretary of State on October 16, 2014, at 3:45 p.m.)
Date: October 15, 2014
Time: 11:04 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 590 (Public Act No. 339), being
An act to provide remedies for the victims of human trafficking.
(Filed with the Secretary of State on October 16, 2014, at 3:55 p.m.)
Date: October 15, 2014
Time: 11:06 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 592 (Public Act No. 341), being
An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” (MCL 400.1 to 400.119b) by adding section 109m.
(Filed with the Secretary of State on October 16, 2014, at 3:59 p.m.)
Date: October 15, 2014
Time: 11:08 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 593 (Public Act No. 338), being
An act to amend 1994 PA 203, entitled “An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,” (MCL 722.951 to 722.960) by adding section 4e.
(Filed with the Secretary of State on October 16, 2014, at 3:53 p.m.)
Date: October 15, 2014
Time: 11:10 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 597 (Public Act No. 343), being
An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 16148 and 17060 (MCL 333.16148 and 333.17060), section 16148 as amended by 1995 PA 115 and section 17060 as amended by 1990 PA 247.
(Filed with the Secretary of State on October 16, 2014, at 4:03 p.m.)
Date: October 15, 2014
Time: 11:12 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 602 (Public Act No. 328), being
An act to amend 1994 PA 295, entitled “An act to require persons convicted of certain offenses to register; to prohibit certain individuals from engaging in certain activities within a student safety zone; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions,” by amending section 2 (MCL 28.722), as amended by 2011 PA 17.
(Filed with the Secretary of State on October 16, 2014, at 3:33 p.m.)
Date: October 15, 2014
Time: 12:10 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 991 (Public Act No. 345), being
An act to authorize access to and use of experimental treatments for patients with an advanced illness; to establish conditions for use of experimental treatment; to prohibit sanctions of health care providers solely for recommending or providing experimental treatment; to clarify duties of a health insurer with regard to experimental treatment authorized under this act; to prohibit certain actions by state officials, employees, and agents; and to restrict certain causes of action arising from experimental treatment.
(Filed with the Secretary of State on October 17, 2014, at 2:25 p.m.)
Date: October 16, 2014
Time: 10:47 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 584 (Public Act No. 324), being
An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2012 PA 363.
(Filed with the Secretary of State on October 16, 2014, at 3:25 p.m.)
Respectfully,
Rick Snyder
Governor
The following messages from the Governor were received and read:
October 7, 2014
I respectfully submit to the Senate the following appointment to office:
Board of Barber Examiners
Eric W. Dimoff of 1899 Culver Hill Drive, Williamston, Michigan 48895, county of Ingham, representing the general public, succeeding Brian Lakkidas, is appointed for a term expiring September 30, 2016.
October 10, 2014
I respectfully submit to the Senate the following appointments to office:
Michigan Council for Arts and Cultural Affairs
Christian E. Gaines of 535 Fountain Street, N.E., Grand Rapids, Michigan 49503, county of Kent, succeeding himself, is reappointed for a term expiring September 1, 2018.
Aaron P. Dworkin of 3651 Barton Farm Drive, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding himself, is reappointed for a term expiring September 1, 2018.
Elizabeth K. Ahrens of 5200 West Lake Road, Harbor Springs, Michigan 49740, county of Emmet, succeeding herself, is reappointed for a term expiring September 1, 2018.
Andrew S. Buchholz of 823 Washington Street, Traverse City, Michigan 48686, county of Grand Traverse, succeeding himself, is reappointed for a term expiring September 1, 2018.
October 10, 2014
I respectfully submit to the Senate the following appointment to office:
Commission on Community Action and Economic Opportunity
LaTarro Traylor of 869 Woosley Drive, S.W., Grand Rapids, Michigan, 49503, county of Kent, representing low-income persons, is appointed for a term expiring June 21, 2017.
October 10, 2014
I respectfully submit to the Senate the following appointments to office:
Crime Victim Services Commission
Victor A. Fitz of 22401 Shady Lane, Cassopolis, Michigan 49031, county of Cass, representing members admitted to practice law in this state not less than 5 years immediately preceding his or her appointment and Republicans, succeeding himself, is reappointed for a term expiring September 27, 2017.
William D. Fales of 6616 Wyndham Drive, Kalamazoo, Michigan 49009, county of Kalamazoo, representing members of the medical profession and Independents, succeeding Donald Condit, is appointed for a term expiring September 27, 2017.
October 10, 2014
I respectfully submit to the Senate the following appointments to office:
Elevator Safety Board
John A. Vitale of 20771 Wedgewood Drive, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing architects and consulting engineers, succeeding George A. Svinicki, is appointed for a term expiring July 22, 2016.
Thomas M. Nelson of 28495 S. Drive North, Springport, Michigan 49284, county of Calhoun, representing insurance companies authorized to insure elevators in this state, succeeding Erin Modiano, is appointed for a term expiring July 22, 2017.
October 10, 2014
I respectfully submit to the Senate the following appointments to office:
Library of Michigan Board of Trustees
Stacy Nowicki of 6594 Rose Arbour Avenue, Kalamazoo, Michigan 49009, county of Kalamazoo, representing librarians from a college or university library, succeeding Lee VanOrsdel, is appointed for a term expiring October 1, 2017.
Carla J. Hills of 1613 Roxburgh Hills, East Lansing, Michigan 48823, county of Ingham, representing the general public, succeeding Michael Brogan, is appointed for a term expiring October 1, 2017.
October 10, 2014
I respectfully submit to the Senate the following appointments to office:
Michigan Board of Optometry
Sandra L. Doud of 2749 Pineview Trail, Brighton, Michigan 48114, county of Livingston, representing optometrists, succeeding Stephen Thompson, is appointed for a term expiring June 30, 2018.
Barbara M. Doyle of 6122 E. Longview Drive, East Lansing, Michigan 48823, county of Ingham, representing the general public, succeeding William Dansby, is appointed for a term expiring June 30, 2018.
October 13, 2014
I respectfully submit to the Senate the following appointments to office:
Wayne County Airport Authority
Ronald E. Hall, Jr., of 5416 Crispin Way Road, West Bloomfield, Michigan 48323, county of Oakland, succeeding Mary Zuckerman, is appointed for a term expiring October 1, 2020.
Wayne County Airport Authority Audit Committee
Ronald E. Hall, Jr., of 5416 Crispin Way Road, West Bloomfield, Michigan 48323, county of Oakland, succeeding Mary Zuckerman, is appointed for a term expiring at the pleasure of the Governor.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator 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 Young 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 with a substitute therefor, the following bill:
Senate Bill No. 1103, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29h (MCL 125.2029h), as added by 2011 PA 291.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 3, line 9, after “or” by inserting “10% OF DIRECT PRODUCTION EXPENDITURES AND QUALIFIED PERSONNEL EXPENDITURES AT A”.
2. Amend page 4, line 10, by striking out all of subdivision (G) and relettering the remaining subdivision.
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 bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 1103
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 1103, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29h (MCL 125.2029h), as added by 2011 PA 291.
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. 638 Yeas—32
Ananich Green Johnson Proos
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Rocca
Booher Hildenbrand Kowall Schuitmaker
Brandenburg Hood Marleau Smith
Casperson Hopgood Meekhof Walker
Caswell Hunter Pappageorge Warren
Emmons Jansen Pavlov Young
Nays—4
Colbeck Hune Moolenaar Robertson
Excused—1
Nofs
Not Voting—1
Whitmer
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Senator Hopgood moved that Senator Whitmer be excused from the balance of today’s session.
The motion prevailed.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:31 a.m.
11:24 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 493
Senate Bill No. 738
Senate Bill No. 1092
The motion prevailed.
The following bill was read a third time:
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 section 205a.
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. 639 Yeas—36
Ananich Green Johnson Proos
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Smith
Caswell Hune Moolenaar Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Young
Nays—0
Excused—2
Nofs Whitmer
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 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.
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. 640 Yeas—36
Ananich Green Johnson Proos
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Smith
Caswell Hune Moolenaar Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Young
Nays—0
Excused—2
Nofs Whitmer
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1092, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 612 (MCL 257.612), as amended by 2006 PA 339.
The 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. 641 Yeas—36
Ananich Green Johnson Proos
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Meekhof Smith
Caswell Hune Moolenaar Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Young
Nays—0
Excused—2
Nofs Whitmer
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
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 Young 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:
Senate Bill No. 639, entitled
A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending section 2 (MCL 257.1302), as amended by 1988 PA 254.
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.
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 bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 637, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 20d, 212, 304, 319, 625k, and 625l (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, and 257.625l), section 20d as added by 2008 PA 462, section 212 as amended by 2002 PA 534, section 304 as amended by 2012 PA 498, section 319 as amended by 2012 PA 306, and sections 625k and 625l as amended by 2008 PA 461.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 638, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2003 PA 134.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 973, entitled
A bill to create the child welfare partnership council; and to prescribe the powers and duties of the council and certain state departments and agencies.
Substitute (S-4).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 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 2001 PA 211.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 975, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2013 PA 138.
Substitute (S-4).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 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.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
Resolutions
Senator Meekhof moved that consideration of the following resolution be postponed for today:
Senate Resolution No. 34
The motion prevailed.
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 186
The resolution consent calendar was adopted.
Senator Caswell offered the following resolution:
Senate Resolution No. 186.
A resolution to commemorate October 2014 as Youth Justice Awareness Month in the state of Michigan.
Whereas, The historical role of the juvenile justice system is to rehabilitate and treat youth while holding them accountable for their actions and maintaining public safety. It is, therefore, acknowledged that, when possible, keeping youth within their families, homes, and communities is a best practice; and
Whereas, Youth are developmentally different from adults, and these differences are documented by research on the adolescent brain and acknowledged by many state and federal laws that treat youth disparately based upon their age and stage of development; and
Whereas, Most laws allowing the prosecution of youth as adults were enacted prior to evidence produced by the Centers for Disease Control and Prevention and the Office of Juvenile Justice and Delinquency Prevention that demonstrate that about 70 to 80 percent of youth treated in a punitive, nontherapeutic program will reoffend; and
Whereas, It is estimated that over 70 percent of children in the juvenile justice system have a diagnosable mental health condition, of which 30 percent have a serious emotional disturbance; and
Whereas, Youth detained or involved in the juvenile or criminal justice system should be kept in the least restrictive setting possible, with family inclusion and services provided to aid in treatment; and
Whereas, 200,000 youth are tried, sentenced, or incarcerated as adults every year in the United States, and most of the youth are prosecuted for nonviolent offenses; and
Whereas, Youth with criminal records face hurdles with regard to education and employment; and
Whereas, Moving a youth from the adult criminal justice system into community-based services or to the juvenile justice system is more cost-effective; now, therefore, be it
Resolved, That we hereby commemorate October 2014 as Youth Justice Awareness Month in the state of Michigan.
Senators Bieda, Booher, Green, Hansen, Jansen, Marleau, Pappageorge, Proos and Richardville were named co‑sponsors of the resolution.
Senator Casperson offered the following resolution:
Senate Resolution No. 187.
A resolution to urge the Federal Energy Regulatory Commission to reverse its recent acceptance of the Midcontinent Independent System Operator’s proposed system support resource cost allocation tariff that would allocate approximately 99.5 percent of costs to utility customers in Michigan’s Upper Peninsula and to divide the costs in a more equitable manner.
Whereas, Several years ago, the American Transmission Company (ATC), which owns electric transmission facilities in Michigan’s Upper Peninsula, as well as parts of Wisconsin, Illinois, and Minnesota, agreed on a cost allocation methodology for system support resource (SSR) payments and included this methodology in the tariff with the Midcontinent Independent System Operator (MISO), the regional operator of the transmission grid. The tariff provided that the costs associated with running an electric generating power plant subject to an SSR agreement would be allocated to all electric utilities within the ATC’s footprint on a pro-rata basis; and
Whereas, Early in 2014, partly because of burdensome Environmental Protection Agency regulations and costs, Wisconsin Electric Power Company (WEPCo) stated its renewed intention to close the Presque Isle Power Plant (PIPP), a coal-fired power plant with a capacity of over 400 megawatts located on Lake Superior in Marquette, Michigan. However, as the PIPP is the most significant source of generation left in the Upper Peninsula and critical to providing regional grid reliability, MISO has determined that WEPCo must continue to run the PIPP. Consequently, the PIPP is subject to an SSR agreement between WEPCo and MISO; and
Whereas, The Wisconsin Public Service Commission filed a complaint with the Federal Energy Regulatory Commission (FERC) claiming that the SSR cost methodology contained in the ATC tariff was unlawful. In July 2014, in response to the complaint, FERC required MISO to submit a revised SSR cost methodology that placed most of the SSR costs onto Upper Peninsula ratepayers; and
Whereas, A recent FERC order requires payments of an estimated $100 million annually to keep the PIPP operational, a figure that both Wisconsin’s and Michigan’s public service commissions have said represents unreasonable recoveries for the utility; and
Whereas, While these actions were occurring, WEPCo also sought the creation of a new local balancing authority (LBA), which resulted in pushing more SSR costs onto Michigan ratepayers. The creation of this new LBA would mean that approximately 99.5 percent of the costs of keeping the PIPP operational are borne by the Upper Peninsula, making electric utility customers in the Upper Peninsula alone responsible for at least $99.5 million annually just for plant operations; and
Whereas, FERC’s ruling, MISO’s revised SSR cost methodology, and WEPCo’s creation of a new LBA will cause an increase in electric rates that will almost certainly devastate seniors, small businesses, and families across the Upper Peninsula. MISO’s proposed cost allocation tariff, coupled with the creation of a new LBA, not only ignores the historical division of these costs and has nothing to do with reliability, which heretofore served as the basis for allocating such costs, but is unreasonable, unfair, and unjust; now, therefore, be it
Resolved by the Senate, That we urge the Federal Energy Regulatory Commission to reverse its recent acceptance of the Midcontinent Independent System Operator’s proposed system support resource cost allocation tariff that would allocate approximately 99.5 percent of costs to utility customers in Michigan’s Upper Peninsula; and be it further
Resolved, That we urge the Federal Energy Regulatory Commission to instead divide the costs in a more equitable manner and one mindful of historical context and the American Transmission Company’s cost allocation agreement; and be it further
Resolved, That copies of this resolution be transmitted to the chairman of the Federal Energy Regulatory Commission, the Governor of Michigan, the Governor of Wisconsin, the members of the Michigan congressional delegation, and the members of the Wisconsin congressional delegation.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
Senator Casperson asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Casperson’s statement is as follows:
I rise in support of Senate Resolution No. 187. Just briefly, on this resolution, what we are dealing with right now is that FERC, the Federal Energy Regulatory Commission, has made a ruling that has separated the Upper Peninsula from the MISO footprint which we are currently governed under. What that decision will do is transfer the entire cost of the Upper Peninsula and the power plant there onto every one of the ratepayers in the Upper Peninsula. The normal practice is to spread it evenly throughout everyone in the system.
We are asking that FERC rethink that decision. The burden on our people in the Upper Peninsula will be overwhelming. We need some time to resolve this problem, and we are simply asking for them to pull back on that decision, giving us more time.
Senate Concurrent Resolution No. 20.
A concurrent resolution to oppose the U.S. Environmental Protection Agency’s proposal to garnish wages without a court order.
The question being on the adoption of the following committee substitute:
Substitute (S-1).
Senator Meekhof moved that further consideration of the concurrent resolution be postponed temporarily.
The motion prevailed.
Senate Resolution No. 171.
A resolution to urge the Office of the United States Trade Representative to ensure that no World Trade Organization rules are violated in regard to government funding of McInnis Cement and the Port-Daniel-Gascons cement plant in Québec, Canada.
The question being on the adoption of the resolution,
The resolution was adopted.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Meekhof moved that the following bills, now on the order of General Orders, be referred to the Committee on Families, Seniors and Human Services:
House Bill No. 5232, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.
House Bill No. 5235, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2010 PA 361.
The motion prevailed.
Senator Meekhof moved that the following concurrent resolution, now on the order of Resolutions, be referred to the Committee on Natural Resources, Environment and Great Lakes:
Senate Concurrent Resolution No. 20.
A concurrent resolution to oppose the U.S. Environmental Protection Agency’s proposal to garnish wages without a court order.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Proos, Pappageorge, Colbeck, Booher, Walker, Nofs, Ananich, Brandenburg, Pavlov, Jones, Jansen and Hansen introduced
Senate Bill No. 1109, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Proos, Pappageorge, Colbeck, Booher, Walker, Nofs, Ananich, Brandenburg, Pavlov, Jones, Jansen and Hansen introduced
Senate Bill No. 1110, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Ananich, Anderson, Young, Hopgood and Hood introduced
Senate Bill No. 1111, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 507, 528, 561, and 1311l (MCL 380.507, 380.528, 380.561, and 380.1311l), sections 507, 528, and 561 as amended by 2011 PA 277 and section 1311l as added by 1999 PA 23.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Ananich, Bieda and Anderson introduced
Senate Bill No. 1112, entitled
A bill to require certain employers to accept and accommodate a request for changes to an employee’s work schedule; to specify the procedure and grounds for denying a request; to require notice or posting of certain information; and to provide remedies and sanctions for a violation of the act.
The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.
Senators Ananich, Johnson and Young introduced
Senate Bill No. 1113, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 1n to chapter IX.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Johnson, Ananich, Young and Anderson introduced
Senate Bill No. 1114, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331, and by adding section 1o to chapter IX.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Casperson, Johnson, Ananich, Proos, Young and Anderson introduced
Senate Bill No. 1115, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 3 of chapter XI (MCL 771.3), as amended by 2012 PA 612, and by adding section 1m to chapter IX.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Ananich and Young introduced
Senate Bill No. 1116, entitled
A bill to prohibit discrimination against unemployed individuals in advertisements for employment; and to provide for civil fines.
The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.
Senators Young, Johnson, Hood, Gregory, Bieda, Hopgood, Smith, Ananich and Anderson introduced
Senate Bill No. 1117, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 672.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Hood, Anderson, Ananich, Young and Bieda introduced
Senate Bill No. 1118, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 236d.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Ananich introduced
Senate Bill No. 1119, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 236e.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Warren introduced
Senate Bill No. 1120, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2012 PA 589.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Warren and Anderson introduced
Senate Bill No. 1121, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 35301, 35302, 35304, 35308, 35312, 35313, 35316, 35317, and 35321 (MCL 324.35301, 324.35302, 324.35304, 324.35308, 324.35312, 324.35313, 324.35316, 324.35317, and 324.35321), sections 35301, 35302, 35304, 35312, 35313, 35316, 35317, and 35321 as amended by 2012 PA 297 and section 35308 as added by 1995 PA 59; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senators Warren and Anderson introduced
Senate Bill No. 1122, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32727 (MCL 324.32727), as amended by 2008 PA 183.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senator Walker introduced
Senate Bill No. 1123, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 407 (MCL 125.3407), as amended by 2008 PA 12.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senator Walker introduced
Senate Bill No. 1124, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2425 (MCL 600.2425) and by adding section 2941a.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senator Hansen introduced
Senate Bill No. 1125, entitled
A bill to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; and to permit municipalities to authorize the creation of joint cemetery associations,” by amending the title and section 3 (MCL 128.3), the title as amended and section 3 as added by 1980 PA 366, and by adding section 4.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
Senators Smith, Warren, Johnson, Gregory, Anderson, Hopgood and Ananich introduced
Senate Bill No. 1126, entitled
A bill to amend 2013 PA 182, entitled “Abortion Insurance Opt-Out Act,” by amending section 11 (MCL 550.551).
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Johnson, Warren, Gregory, Anderson, Smith, Hopgood and Ananich introduced
Senate Bill No. 1127, entitled
A bill to amend 2013 PA 182, entitled “Abortion Insurance Opt-Out Act,” by amending section 11 (MCL 550.551).
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Kahn, Pappageorge and Proos introduced
Senate Bill No. 1128, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 37a.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Pappageorge, Kahn and Proos introduced
Senate Bill No. 1129, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2012 PA 539.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Kahn, Pappageorge and Proos introduced
Senate Bill No. 1130, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5101 and 5210 (MCL 333.5101 and 333.5210), section 5101 as amended by 2010 PA 119 and section 5210 as added by 1988 PA 490.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 5182, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7kk (MCL 211.7kk), as added by 2006 PA 612.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 5422, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Transportation.
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 House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
House Bill No. 5578, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 205 (MCL 436.1205), as amended by 2010 PA 213.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
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 House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Insurance.
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 House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Transportation.
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, sections 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 House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Insurance.
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.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Insurance.
House Bill No. 5839, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16107 (MCL 333.16107).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No. 5840, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16221 (MCL 333.16221), as amended by 2014 PA 97.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No. 5841, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16226 (MCL 333.16226), as amended by 2014 PA 97.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No. 5842, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16245, 16247, 16248, and 16249 (MCL 333.16245, 333.16247, 333.16248, and 333.16249), 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 House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Statements
Senators Bieda and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
I would like to offer a memorial tribute in the Journal to a good friend. The city of Eastpointe mayor pro tempore, Bill Sweeney, passed away unexpectedly on September 23.
Bill was born on November 12, 1960, in Gladwin, Michigan. For the past 29 years, Bill has resided in Eastpointe, Michigan, where he raised his loving family. His passion for making Eastpointe a wonderful place to live for his family and others led to his involvement in local city government. He began his service on the City Council in November 2005 and served as Eastpointe mayor pro tempore since November 2011.
Bill was the driving force in crafting ordinances which hold landlords responsible for the maintenance of the homes they own, as well as other blight-related ordinances. Bill was the City Council’s liaison to the Eastpointe Beautification Commission, a pastime that reinforced his interest in keeping things looking good around the city.
Bill was dedicated to his children and the youth in his community. He served as a coach for youth roller hockey and softball teams for the 8 Mile and Kelly Homeowners Association. Furthermore, he entertained the kids in the community by completing his role as Santa Claus’ representative and participating in East Detroit High School’s Put’n On The Ritz. Bill brought a great deal of energy, dedication, and pride to the city of Eastpointe. Indeed, he was a much beloved community leader who was much admired and will be long remembered.
Surely, we all have the desire to be remembered by those we encounter along life’s journey, and, for Bill, that is exactly the case. Many hold fond memories of Bill and admire him for his tireless efforts in making Eastpointe a great place to live.
In paying homage to his life and memory, we also honor the people who were closest to him, including his wife Peggy, to whom he delivered flowers every week; his son Bradley; daughter Breann; and stepchildren Jason and Shannon; siblings Michael Wiggins, Ronald Wiggins, and Walda Yates; and many brothers-in-law, sisters-in-law, nieces, and nephews. We wish them comfort in their memory of him as a fine man and outstanding citizen, and may his family know our respect for all he has accomplished.
A moment of silence was observed in memory of Eastpointe Mayor pro tempore Bill Sweeney.
Senator Young’s statement is as follows:
I would like to start with a quote. Leonardo da Vinci said, “Water is the driving force of all nature.” Madam President, there is a crisis going on in Detroit. People cannot bathe; they cannot feed themselves, wash themselves after injuries, or flush the toilets because they do not have water. Their water is being shut off at an alarming rate. One of the reasons for this is because we have these leaders who are in all these houses charging people for water they did not use. This is going back farther than when they lived in the houses.
There are also citizens who may live in a neighborhood where they are the only person in that house, the rest of the block has abandoned buildings on the block, and they have leaking water in the houses. One out of every abandoned building in the city of Detroit has leaking water. As a result, these citizens are being charged at an exorbitant rate for water that they aren’t using. As a result, you have the water department coming in and shutting people’s water off without addressing the real issue. It is not that people are delinquent; it is not that they can’t pay. You have folks paying for water they are not using. This is fundamentally wrong.
In this state, where we are to practice equality under the law, that must stop. We are having real victims. If you are a parent and you have a couple of kids, you can’t say you don’t have water in the house, because if you do, they will take your kids away from you. This is something that is going on every day. I am just here to say that we need to have a moratorium on these water shutoffs.
They were talking about shutting off water in the residential areas, but when it came time to shut off water for nonpayment in the commercial and industrial areas, the corporation that does that, Harmrick, says they don’t have the tools necessary to shut off the water. I don’t care if you are the butcher, the baker, the candlestick maker, or the corporate raider, everyone should be treated the same. When you go on a raid at Jo Jo’s house cutting his water off and you say you don’t have the tools to cut off the major corporations’ water, that is a significant problem. It is not that you can’t, but you don’t have the necessary tools. So even if they are not using their water, we still can’t cut them off because we don’t have the tools. That is incompetence—plain and simple.
Detroiters deserve better and Michigan can do better. We need to have a moratorium on these water shutoffs. The fact that we have the UN coming here talking about rights violations is an embarrassment. If you are not embarrassed, I am embarrassed enough for both of us. It is disgraceful. I don’t care how many ads or conversations about Detroit coming back, if people don’t have access to water, we aren’t going anywhere—period.
We must fix this, we are better than this, and we want better for our citizens than this. If anyone is facing injustice, everybody is facing injustice. It doesn’t matter if it is my district in Detroit or Kalamazoo or anywhere. The only purpose of power is to serve the powerless and to be a voice for the voiceless. If we have an opportunity to make change, we should do it.
I encourage everyone in Lansing to put a moratorium on these water shutoffs until we figure out what is going on, and treat the people in a more humane way.
Committee Reports
The Committee on Agriculture reported
House Bill No. 5195, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending section 7115 (MCL 289.7115), as amended by 2007 PA 114.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Joe Hune
Chairperson
To Report Out:
Yeas: Senators Hune, Booher, Emmons and Hansen
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Agriculture reported
House Bill No. 5226, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2012 PA 65.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Joe Hune
Chairperson
To Report Out:
Yeas: Senators Hune, Booher, Emmons and Hansen
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Agriculture submitted the following:
Meeting held on Thursday, October 2, 2014, at 8:30 a.m., Room 110, Farnum Building
Present: Senators Hune (C), Booher, Emmons and Hansen
Excused: Senator Smith
The Committee on Families, Seniors and Human Services reported
House Bill No. 5463, entitled
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending sections 6 and 7 (MCL 722.716 and 722.717), section 6 as amended by 2000 PA 31 and section 7 as amended by 2009 PA 235.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5464, entitled
A bill to provide for genetic testing in certain paternity cases; and to prescribe the duties and responsibilities of certain state departments, agencies, and officers.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5465, entitled
A bill to create the summary support and paternity act; to establish a procedure for determining paternity and support; and to prescribe the duties and responsibilities of certain state departments and agencies.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5466, entitled
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 4 (MCL 722.714), as amended by 1998 PA 113.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5467, entitled
A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending section 7 (MCL 722.1437).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5468, entitled
A bill to amend 1966 PA 138, entitled “The family support act,” by amending section 4 (MCL 552.454), as amended by 1999 PA 158.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5469, entitled
A bill to amend 1996 PA 310, entitled “Uniform interstate family support act,” by amending sections 308 and 312 (MCL 552.1308 and 552.1312), as amended by 1998 PA 65.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5470, entitled
A bill to amend 1952 PA 8, entitled “Revised uniform reciprocal enforcement of support act,” by amending sections 10a, 12b, 13, 13a, and 33 (MCL 780.160a, 780.162b, 780.163, 780.163a, and 780.183), section 10a as amended and section 33 as added by 1985 PA 172 and sections 12b, 13, and 13a as amended by 1990 PA 241.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5471, entitled
A bill to amend 1968 PA 293, entitled “An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors,” by amending section 3 (MCL 722.3), as amended by 2001 PA 110.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5472, entitled
A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2009 PA 193, and by adding section 35a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5473, entitled
A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending section 13 (MCL 722.1443).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5510, entitled
A bill to amend 1996 PA 305, entitled “Acknowledgment of parentage act,” by amending sections 3 and 5 (MCL 722.1003 and 722.1005).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5511, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6458 (MCL 600.6458), as amended by 2002 PA 429.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5512, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57 and 57g (MCL 400.57 and 400.57g), as amended by 2011 PA 131.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 5583, entitled
A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 3 and 5 (MCL 722.1433 and 722.1435) and by adding section 8.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Nofs and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, October 1, 2014, at 3:30 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Rocca, Nofs and Gregory
The Committee on Banking and Financial Institutions reported
Senate Bill No. 1087, entitled
A bill to amend 2009 PA 75, entitled “Mortgage loan originator licensing act,” by amending section 5 (MCL 493.135), as amended by 2012 PA 150.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Darwin L. Booher
Chairperson
To Report Out:
Yeas: Senators Booher, Nofs, Green, Marleau, Rocca, Ananich and Smith
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Banking and Financial Institutions reported
House Bill No. 5412, entitled
A bill to amend 1999 PA 276, entitled “Banking code of 1999,” (MCL 487.11101 to 487.15105) by adding section 4111.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Darwin L. Booher
Chairperson
To Report Out:
Yeas: Senators Booher, Nofs, Green, Marleau, Rocca, Ananich and Smith
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Banking and Financial Institutions reported
House Bill No. 5413, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2003 PA 217.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Darwin L. Booher
Chairperson
To Report Out:
Yeas: Senators Booher, Nofs, Green, Marleau, Rocca, Ananich and Smith
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Banking and Financial Institutions submitted the following:
Meeting held on Thursday, October 2, 2014, at 1:30 p.m., Room 100, Farnum Building
Present: Senators Booher (C), Nofs, Green, Marleau, Rocca, Ananich and Smith
The Committee on Economic Development reported
Senate Bill No. 1103, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29h (MCL 125.2029h), as added by 2011 PA 291.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Michael W. Kowall
Chairperson
To Report Out:
Yeas: Senators Kowall, Hildenbrand, Hansen and Ananich
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development submitted the following:
Meeting held on Wednesday, October 22, 2014, at 8:30 a.m., Room 110, Farnum Building
Present: Senators Kowall (C), Hildenbrand, Hansen and Ananich
Excused: Senators Nofs, Emmons and Smith
Scheduled Meetings
Michigan Law Revision Commission - Wednesday, November 5, 11:30 a.m., Room 426, Capitol Building (373-0212)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 12:05 p.m.
Pursuant to House Concurrent Resolution No. 36, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, November 6, 2014, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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