No. 76

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2014

Senate Chamber, Lansing, Wednesday, December 3, 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—present

Senator Virgil K. Smith of the 4th District offered the following invocation:

“God grant me the serenity

To accept the things I cannot change;

Courage to change the things I can;

And wisdom to know the difference.

Living one day at a time;

Enjoying one moment at a time;

Accepting hardships as the pathway to peace;

Taking, as He did, this sinful world

As it is, not as I would have it;

Trusting that He will make all things right

If I surrender to His will;

So that I may be reasonably happy in this life

And supremely happy with Him

Forever and ever in the next.

Amen.”

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

Motions and Communications

Senators Hopgood and Nofs entered the Senate Chamber.

Senator Bieda moved that Senators Hunter and Young be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senators Pappageorge, Proos, Walker, Emmons, Green and Jansen be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that rule 3.902 be suspended to allow his guest admittance to the Senate floor.

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

Senator Meekhof moved that rule 3.901 be suspended to allow photographs to be taken from the Gallery.

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

Senator Meekhof moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

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

Senate Bill No. 957, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219.

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

Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

Senate Bill No. 957

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

Senators Emmons and Proos 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.

10:15 a.m.

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

During the recess, Senators Green, Jansen, Walker and Pappageorge entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received and read:

November 20, 2014

I respectfully submit to the Senate the following appointments to office:

Asian Pacific American Affairs Commission

Mahima Mahadevan of 1633 Peninsula Court, Canton, Michigan 48187, county of Wayne, succeeding Sook Wilkinson, is appointed for a term expiring November 30, 2018.

Grace Lee of 416 Steeple Chase Court, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding Henry Tanaka, is appointed for a term expiring November 30, 2018.

Poowanat J. Tasma of 31739 Mackenzie Drive, Westland, Michigan 48174, county of Wayne, succeeding Peter Wong, is appointed for a term expiring November 30, 2018.

November 20, 2014

I respectfully submit to the Senate the following appointment to office:

State Boundary Commission

Michael A. Rice of 314 Turner Road, Williamston, Michigan 48895, county of Ingham, succeeding James Stewart, is appointed for a term expiring November 15, 2017.

November 20, 2014

I respectfully submit to the Senate the following appointment to office:

Commission on Community Action and Economic Opportunity

Robert N. Scolnik of 4460 Cherrywood Court, Norton Shores, Michigan 49441, county of Muskegon, representing elected officials, filling a vacancy, is appointed for a term expiring June 21, 2015.

November 20, 2014

I respectfully submit to the Senate the following appointment to office:

Elevator Safety Board

Ulysha R. Hall of 8120 E. Jefferson, 4G, Detroit, Michigan 48214, county of Wayne, representing a municipality in the state having a population of at least 500,000, succeeding Antwane Maddox, is appointed for a term expiring July 22, 2016.

November 20, 2014

I respectfully submit to the Senate the following appointments to office:

Michigan Finance Authority Board of Directors

Timothy A. Hoffman of 903 Sandhill Drive, DeWitt, Michigan 48820, county of Clinton, representing Republicans and individuals with experience in education issues, including but not limited to, issues related to public school districts, public community colleges, or public universities or relating to public finance, succeeding David Mittleman, is appointed for a term expiring September 30, 2018.

Charlotte Edwards of 1624 Broad Court, Flint, Michigan 48503, county of Genesee, representing Democrats and residents of the state with experience in housing and community development issues or relating to public finance, succeeding herself, is reappointed for a term expiring September 30, 2018.

JulieAnn Karkosak of 136 Oakland Drive, East Lansing, Michigan 48823, county of Ingham, representing Independents and residents of the state, succeeding herself, is reappointed for a term expiring September 30, 2018.

November 20, 2014

I respectfully submit to the Senate the following appointments to office:

Michigan Natural Resources Commission

Christine M. Crumbaugh of 9224 N. Crapo Road, St. Louis, Michigan 48880, county of Gratiot, a Republican, succeeding John Madigan, is appointed for a term commencing January 1, 2015, and expiring December 31, 2018.

James R. Richardson of 36658 McGuire Road, Ontonagon, Michigan 49953, county of Ontonagon, a Republican, succeeding himself, is reappointed for a term commencing January 1, 2015, and expiring December 31, 2018.

November 20, 2014

I respectfully submit to the Senate the following appointment to office:

Residential Builders’ and Maintenance and Alteration Contractors’ Board

William S. Adcock of 2431 Moores River Drive, Lansing, Michigan 48911, county of Ingham, representing licensed residential builders, succeeding James Haeussler, is appointed for a term expiring March 31, 2018.

November 20, 2014

I respectfully submit to the Senate the following appointment to office:

State Tax Commission

Douglas B. Roberts of 1853 Northgate, East Lansing, Michigan 48823, county of Ingham, representing Republicans and experience with taxation and government, succeeding himself, is reappointed for a term expiring December 27, 2018.

November 24, 2014

I respectfully submit to the Senate the following appointments to office:

Michigan Cherry Committee

David C. Smeltzer of 12970 Northwood Highway, Bear Lake, Michigan 49614, county of Manistee, representing District 1 tart cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2017.

Paul D. Hubbell of 10937 Elk Lake Road, Williamsburg, Michigan 46960, county of Grand Traverse, representing District 1 sweet cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2017.

Andrew J. Riley of 316 N. 56th Avenue, Mears, Michigan 49436, county of Oceana, representing District 2 sweet cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2017.

November 24, 2014

I respectfully submit to the Senate the following appointments to office:

Michigan Board of Cosmetology

Andrea Schroeder of 5641 Golf Pointe Drive, Clarkston, Michigan 48348, county of Oakland, representing the general public, succeeding herself, is reappointed for a term expiring December 31, 2018.

Angela N. River of 3153 Bessie Street, Auburn Hills, Michigan 48326, county of Oakland, representing cosmetologists, succeeding herself, is reappointed for a term expiring December 31, 2018.

November 24, 2014

I respectfully submit to the Senate the following appointments to office:

Michigan Pharmacy and Therapeutics Committee

Brian J. Peltz of 26532 Lawrence Drive, Dearborn Heights, Michigan 48127, county of Wayne, representing pharmacists, succeeding Michael Crowe, is appointed for a term expiring October 1, 2016.

Tina L. Tanner of 5181 Forrest Street, Montague, Michigan 49437, county of Muskegon, representing physicians, succeeding herself, is reappointed for a term expiring October 1, 2016.

Andrew J. Mac of 9055 McClumpha Road, Plymouth, Michigan 48170, county of Wayne, representing pharmacists, succeeding himself, is reappointed for a term expiring October 1, 2016.

November 25, 2014

I respectfully submit to the Senate the following appointments to office:

State Council for Interstate Adult Offender Supervision

Joseph F. Burke of 313 Mapleridge Street, Ann Arbor, Michigan 48103, county of Washtenaw, representing the Judicial Branch, succeeding himself, is reappointed for a term expiring October 31, 2018.

John S. Rubitschun of 4386 Manitou Drive, Okemos, Michigan 48864, county of Ingham, representing the Compact Administrator, succeeding himself, is reappointed for a term expiring October 31, 2018.

Cheri Arwood of 5665 S. Forrest Hill Road, St. Johns, Michigan 48879, county of Clinton, representing the Executive Branch, succeeding herself, is reappointed for a term expiring October 31, 2018.

November 25, 2014

I respectfully submit to the Senate the following appointments to office:

State Board of Chiropractic

Thomas M. Klapp of 5053 Eric Street, Ann Arbor, Michigan 48105, county of Washtenaw, representing professionals, succeeding himself, is reappointed for a term expiring December 31, 2018.

Christophe B. Dean of 2881 Palmerston Drive, Troy, Michigan 48084, county of Oakland, representing professionals, succeeding himself, is reappointed for a term expiring December 31, 2018.

November 25, 2014

I respectfully submit to the Senate the following appointment to office:

Board of Real Estate Brokers and Salespersons

Patrick S. Dean of 3652 Shearwater Lane, East Lansing, Michigan 48823, county of Ingham, representing the general public, succeeding Deborah Beaulieu, is appointed for a term expiring June 30, 2017.

Sincerely,

Brian Calley

Acting and Lieutenant Governor

The appointments were referred to the Committee on Government Operations.

The following message from the Governor was received and read:

SUPPLEMENTAL APPROPRIATIONS; PROVIDE FOR FISCAL YEAR 2013-2014

November 25, 2014

Today I have signed Enrolled Senate Bill 781, which makes supplemental appropriations for various departments and agencies for the fiscal year ending September 30, 2014 and September 30, 2015. I have, however, disapproved one item pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The specific veto is detailed in the attached copy of the bill that has been filed with the Secretary of State.

I have disapproved the negative appropriation for the State Disability Assistance Payments in section 103(5). I have taken this action because restricted revenues are now coming in lower than anticipated. The reduction as originally proposed would cause the line item to end the year in a deficit.

I thank the Legislature for its work on this supplemental bill.

Respectfully,

Brian Calley

Acting and Lieutenant Governor

This bill was signed by the Acting Governor on November 25, 2014, at 10:56 a.m. (Filed with the Secretary of State on November 25, 2014, at 4:05 p.m.) and assigned Public Act No. 356.

The question being on the passage of the vetoed line item, the objections of the Governor to the contrary notwithstanding,

Senator Meekhof moved that further consideration of the bill be postponed for today.

The motion prevailed.

Messages from the House

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

House Bill No. 4369

The motion prevailed.

Senate Bill No. 664, entitled

A bill to amend 1975 PA 148, entitled “Debt management act,” by amending the title and sections 2, 4, 5, 6, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 26 (MCL 451.412, 451.414, 451.415, 451.416, 451.421, 451.422, 451.423, 451.424, 451.425, 451.426, 451.427, 451.428, 451.429, 451.430, and 451.436), sections 2, 4, 5, 6, 11, 12, 13, 14, 15, 16, 17, 18, and 19 as amended by 2000 PA 255.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1975 PA 148, entitled “An act to regulate the business of debt management; to require licenses and to fix fees therefor; to prescribe the powers and duties of the department of commerce and its director; to prescribe conditions for debt management contracts; to provide for the disposition of revenues; to provide penalties; and to repeal certain acts and parts of acts,” by amending the title and sections 2, 4, 5, 6, 8, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 26 (MCL 451.412, 451.414, 451.415, 451.416, 451.418, 451.421, 451.422, 451.423, 451.424, 451.425, 451.426, 451.427, 451.428, 451.429, 451.430, and 451.436), sections 2, 4, 5, 6, 8, 11, 12, 13, 14, 15, 16, 17, 18, and 19 as amended by 2000 PA 255, and by adding section 8a.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 880, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 18223 (MCL 333.18223), as amended by 2010 PA 121.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

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 Hildenbrand as Chairperson.

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

Senate Bill No. 1149, entitled

A bill to authorize the state administrative board to convey parcels of state-owned property in Ingham county; to prescribe conditions for the conveyance; to provide for powers and duties of state departments regarding the property; and to provide for disposition of revenue derived from the conveyance.

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.

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.

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.

Senate Bill No. 1137, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 67 and 67b (MCL 791.267 and 791.267b), section 67 as amended by 2012 PA 24 and section 67b as amended by 2010 PA 120.

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. 1146, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 96.

Substitute (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. 1136, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 1146

Senate Bill No. 1149

Senate Bill No. 1136

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

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

House Bill No. 5216

House Bill No. 5217

House Bill No. 5218

House Bill No. 4038

Senate Bill No. 1146

Senate Bill No. 1149

Senate Bill No. 1136

The motion prevailed.

Senator Young entered the Senate Chamber.

The following bill was read a third time:

House Bill No. 5216, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 34d.

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. 687 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hunter

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”.

The Senate agreed to the full title.

Senator Hunter entered the Senate Chamber.

The following bill was read a third time:

House Bill No. 5217, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2956a.

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. 688 Yeas—27

Booher Hansen Kowall Proos

Brandenburg Hildenbrand Marleau Richardville

Casperson Hune Meekhof Robertson

Caswell Hunter Moolenaar Rocca

Colbeck Jansen Nofs Schuitmaker

Emmons Jones Pappageorge Walker

Green Kahn Pavlov

Nays—11

Ananich Gregory Johnson Whitmer

Anderson Hood Smith Young

Bieda Hopgood Warren

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5218, entitled

A bill to amend 1974 PA 381, entitled “An act to encourage and contribute to the rehabilitation of former offenders and to assist them in the assumption of the responsibilities of citizenship; to prescribe the use of the term “good moral character” or similar term as a requirement for an occupational or professional license or when used as a requirement to establish or operate an organization or facility regulated by this state; and to provide administrative and judicial procedures to contest licensing board or agency rulings thereon,” by amending section 2 (MCL 338.42).

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. 689 Yeas—36

Ananich Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Gregory Jones Proos Young

Nays—2

Anderson Green

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4038, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41301 (MCL 324.41301), as amended by 2009 PA 51.

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. 690 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1146, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 96.

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. 691 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1149, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 692 Yeas—25

Booher Gregory Kowall Pavlov

Brandenburg Hansen Marleau Richardville

Casperson Hildenbrand Meekhof Robertson

Caswell Jansen Moolenaar Smith

Colbeck Johnson Nofs Walker

Emmons Kahn Pappageorge Young

Green

Nays—13

Ananich Hopgood Jones Schuitmaker

Anderson Hune Proos Warren

Bieda Hunter Rocca Whitmer

Hood

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1136, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326.

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. 693 Yeas—37

Ananich Gregory Jones Proos

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Young

Green

Nays—0

Excused—0

Not Voting—1

Whitmer

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

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

Senate Bill No. 1128

Senate Bill No. 1129

Senate Bill No. 1130

Senate Bill No. 1137

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

The following bill was read a third time:

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 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. 694 Yeas—37

Ananich Gregory Jones Proos

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Whitmer

Emmons Johnson Pavlov Young

Green

Nays—1

Warren

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 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 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. 695 Yeas—37

Ananich Gregory Jones Proos

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Whitmer

Emmons Johnson Pavlov Young

Green

Nays—1

Warren

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1130, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 696 Yeas—28

Booher Hildenbrand Marleau Richardville

Brandenburg Hune Meekhof Robertson

Casperson Hunter Moolenaar Rocca

Colbeck Jansen Nofs Schuitmaker

Emmons Jones Pappageorge Walker

Green Kahn Pavlov Whitmer

Hansen Kowall Proos Young

Nays—10

Ananich Caswell Hopgood Smith

Anderson Gregory Johnson Warren

Bieda Hood

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Protest

Senator Warren, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 1128, 1129, and 1130.

Senator Warren’s statement is as follows:

I rise to offer my “no” vote explanation for Senate Bill No. 1130 and, indeed, this entire package of bills that has been before us today. While I agree that we must work to prevent the spread of hepatitis C and other sexually transmitted diseases and infections, I am deeply concerned that this measure will have a chilling effect on those who would otherwise seek treatment. People with communicable diseases need health care, not jail.

I also fear that it will actually perpetrate the spread of the disease among the prison population, where many people are currently infected in the first place. Finally, I believe the statute is overly broad, criminalizing behavior that would otherwise not actually cause the spread of hepatitis C. So I rise today to offer that as my “no” vote explanation.

The following bill was read a third time:

Senate Bill No. 1137, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 697 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:59 a.m.

11:18 a.m.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

The following communication was received and read:

Office of the Senate Majority Leader

December 3, 2014

Pursuant to Senate Rule 3.203, I am hereby re-referring House Bills 5117 and 5118 from the Senate Committee on Local Government and Elections to the Senate Committee on Transportation.

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

Sincerely,

Randy Richardville

Senate Majority Leader

The communication was referred to the Secretary for record.

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

The motion prevailed.

Senator Anderson’s statement is as follows:

We are losing a great intern in my office. She has been a tremendous asset to the people of the 6th District. Gabriela Lobo is from Sao Paulo, Brazil. She attended college in Brazil and completed multiple internships with law firms before transferring to Michigan State University in 2013 on a student visa to pursue her bachelor’s degree in political science.

I asked her a short time ago; I said, “Why did you pick Michigan State University?” I know our Democratic Leader will appreciate this. She said, “Because they have the best political science program in the state.” I think that says a lot for Michigan State, which my son graduated from also.

Gabriela is fluent in five languages—English, Spanish, Portuguese, French, and German. After MSU, she plans on attending law school and practicing law in the United States.

I hate to see her leave us. She has been a great intern, and we will miss her a great deal. If everyone would join me in saying goodbye to her, I would appreciate it.

By unanimous consent the Senate returned to the order of

General Orders

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

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

Senate Bill No. 954, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 102 (MCL 388.1702), as amended by 2013 PA 60.

The bill 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. 951, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 17a and 18 (MCL 388.1617a and 388.1618), section 17a as amended by 2013 PA 97 and section 18 as amended by 2013 PA 60.

Substitute (S-3).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 952, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220.

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 amendment, the following bill:

Senate Bill No. 953, entitled

A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 7a.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 2, line 6, by striking out all of subdivision (b) and relettering the remaining subdivision.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 955, entitled

A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 3, 4, and 7 (MCL 141.933, 141.934, and 141.937), as amended by 2012 PA 284.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 12, line 10, by striking out all of subdivision (b) and inserting:

“(b) Senate Bill No. 957.”.

The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:

Senate Bill No. 978, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2012 PA 287.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 3, following line 25, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 957 of the 97th Legislature is enacted into law.”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 957, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219.

Substitute (S-6).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senate Bill No. 951

Senate Bill No. 952

Senate Bill No. 953

Senate Bill No. 954

Senate Bill No. 955

Senate Bill No. 978

Senate Bill No. 957

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

The following bill was read a third time:

Senate Bill No. 951, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 17a and 18 (MCL 388.1617a and 388.1618), as amended by 2014 PA 196.

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. 698 Yeas—24

Booher Green Kowall Pavlov

Brandenburg Hansen Marleau Proos

Casperson Hildenbrand Meekhof Richardville

Caswell Hune Moolenaar Robertson

Colbeck Jansen Nofs Schuitmaker

Emmons Kahn Pappageorge Walker

Nays—14

Ananich Hood Jones Warren

Anderson Hopgood Rocca Whitmer

Bieda Hunter Smith Young

Gregory Johnson

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Protests

Senators Young and Warren, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 951 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”

The motion prevailed.

Senator Young’s statement is as follows:

OK, let’s take a step back and think about what this bill is asking us to do for a minute. You are talking about wiping out entire school districts off the face of the map, as if they never existed, rather than actually dealing and coming up with solutions for financial insolvency. This is insane. This policy is like something coming straight out of a comic book, like a world devourer, only it’s of school systems instead.

I literally had a conversation with somebody about this bill, and I know you are in disbelief, Madam President, I understand, but I am telling you that this is what he said to me. I know you are looking at me like I am crazy; this guy is a madman. I understand you are looking at me like that, but I am telling you, I am serious; this is what was told to me. They were having a conversation about this bill, and I asked them, “So you mean to tell me that if a school is in financial trouble, you could dissolve the school district?” And he said, “Yeah.” And I said, “Let me reiterate. If a school district is in financial disarray, you could dissolve them off of the face of the map?” And then I said, “Are you planning on doing that to Detroit Public Schools?” And he said without hesitation, no thinking about it, and no nuance, none of that, he said unequivocally, “Yes.” That is what this man said. That is what these bills do.

I know that is an impossible thing to believe, but I am telling you that if this passes, what happened in Buena Vista is just the beginning. What happed in Buena Vista was not that great of a process. It wasn’t like they really made an effort to get the people from Buena Vista to come up here and talk to them about their issues and talk to them about what was going on. They just made a fundamental, unilateral decision that we are going to just wipe this district out because it has had so many financial problems, and there is nothing we can do about it.

Is that what we have come to as a state? These are children we are talking about. These are not corporations. You can’t just liquidate these schools. There needs to be more thought put into this. I’m telling you that this is going to have absolutely detrimental effects on the school system at-large, as we know it.

It may be well-intentioned. I’m not saying that is what these people did. I’m not saying that the sponsor of this bill was some evil warlord in a dungeon somewhere scratching the back of a cat, planning world global domination through the eliminating of school systems. That is not what I am saying, but what I am saying is that this bill will have unintended, dire, draconian, scorched-earth policy problems and policies attached to it. I almost went blank because I can’t believe this bill is so incredibly bad. This bill is dangerous. This isn’t legislation. This is the red button for schools. This is educational thermal nuclear war we are talking about here.

This bill must be eliminated; it must be stopped. We must go back and discuss the issue of educational finance. It’s a problem; I totally get it; I totally understand. I want to work with my colleagues, but to wipe a school system out is just power that nobody should have and the way in which they are doing it. I don’t even know how this is not a violation of Article I, Section 8 of the State Constitution, talking about education and how its means shall forever be encouraged. How are you going to encourage education with a policy that can wipe a district off the face of the map, as you know it? Somebody can say school is out forever and mean it. That is not a song anymore; it is a way of life in Michigan. Is that what we have come to? Madam President, just for our children’s sake, just for the sake of humanity, please vote this bill down.

Senator Warren’s statement is as follows:

I, too, rise to offer my “no” vote explanation to Senate Bill No. 951. Many of our school districts are having financial troubles because this Legislature has repeatedly not given them adequate funding, not because they have been wasting money or throwing it to the wind. According to this bill package, there are over 19 indicators that could be used to say that a district is in financial distress. Testimony provided by the Michigan Association of School Boards says that just two of these indicators could catch over 250 school districts in its net, close to half of all our school districts in the state. This means all of our districts, colleagues.

These bills give broad new powers to the state Department of Treasury to take over districts and demand sweeping cuts. With all due respect to my good colleagues at the Department of Treasury, is the tax department really the right people to make sound decisions for our schools? For our kids? For our educators? The current emergency manager rules are bad enough, but these bills would allow Treasury to skip over any review process or local objection and ask the Governor directly for an emergency manager for a school district.

Colleagues, why are we so eager to strip control from our local community schools? This is bad policy no matter how you look at it. These bills escalate penalties for districts already in financial distress and layer on reporting requirements that seem primarily aimed at placing blame on the locals, while completely failing to acknowledge that these districts might be in distress because of the actions of this Legislature. Our struggling districts need resources and assistance to turn things around, not more penalties, not more reports, and not more blame.

I am inviting all of my colleagues to work together to find a better solution for our children, for our schools, for our communities, for our educators, for our future, and I urge a “no” vote on these bills.

Senators Kahn and Caswell asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Kahn’s statement is as follows:

Madam President, these are important bills. They are a step along the way in good governance for our schools; hopefully, an assist to them, and they have been worked on mightily. There was an initial thought that we might need to do something to help struggling schools, one of which became a beacon of these kinds of bills was Buena Vista in my district. That led to a series of workgroups that Senator Walker was at and Representative Rogers. From that initial generation of these bills—this is over a year ago—countless workgroups with stakeholders led to rewrite after rewrite of this bill. I don’t know whether this is the (S-9) or the (S-19) on these bills, but it is a big number.

It became clear as we worked on the bills that it was getting closer to the end of this term, and to get them done, we needed to think even bigger than our chamber. Accordingly, a bicameral workgroup, including Senator Caswell, Senator Walker, Representative Rogers, and Representative Poleski, again, worked over the break to reconfigure these bills, and make them as easy to implement and as cost-free and as effective as they could. Even that led to further hearings in the Senate and, ultimately, to the substitute that we have today.

I want to thank Senator Caswell for his clear messaging and his clear addition to these bills and improvements. I want to thank Senator Walker for shepherding these bills over a long period of time without getting so frustrated that he shot anybody. I would have shot at least two or three people myself, but I appreciate his forbearance. These bills reflect the fact that in our most recent quarterly report, 48 school districts were in deficit, unfortunately.

Many deficit districts are able to eliminate their deficits within a few years, but several of them—Buena Vista in my neighborhood, for example—are millions of dollars in debt, and they need help, extra help in righting their financial ships. Deficits can be due to declining enrollment; they can be due to inexperience in balancing budgets, or both. With early reporting of budgetary assumptions, what’s your pupil count? What’s the foundation allowance? How much did you spend per pupil last year? What are you purposing to spend per pupil this year? Those are assumptions which Senator Caswell so clearly states again and again as part of the essence of what we are trying to do.

With this reporting of budgetary assumptions, Treasury will be able to determine if the assumptions are reasonable or not, and notify the districts so they can balance their budget before it is even implemented, saving precious months for our kids and precious months to determine what a proper budget will be and help to avoid financial difficulties. Too often, up my way in Buena Vista, we saw that the student accounts were exaggerated; the budgets were based upon exaggerations. Those kinds of assumptions were not changed quickly. With these bills, they can be changed quickly, contracts can be entered upon proper budgetary assumptions, and we can avoid it being too late. Treasury will be able to look at trend lines and student enrollment and advise schools.

In regard to the possibility of additional costs, there shouldn’t be any additional costs to schools with regard to reporting since most of this information—based upon the repeated meetings that we had with school after school after school and administrators and lobbyist after lobbyist—most of the data here is already being reported to CEPI.

So, with this early reporting and an early look at finances and the ability to look back and better predict the future revenue and enrollment, most school districts will be able to avoid having any deficit at all. For those few that are already headed in that direction, this legislation will help ensure that the dollars will stay where we want them—in the classroom—and that the state is lending less money to the districts in order to stabilize faulty budgets. I urge that these bills be passed.

Senator Caswell’s statement is as follows:

This whole issue came to light, and it was obvious when we sat in committee and the Superintendent of Public Instruction came to us quarterly as he is required to do and presented us with a list of schools that were in deficit. I remember finding out in that particular committee hearing that we—the state, Treasury, whoever—could do nothing to help a school until it went into deficit. I looked at the three-year history that the superintendent provided us, and there was a particular school that I noticed three years ago had a $1 million fund balance. The next year, it was $300,000; the next year, it was $50,000. It was obvious that this school district had serious financial trouble, yet we could do nothing to help them, to intervene, and that struck me as somewhat foolish. So to me, this early warning system that we are putting in place is to help districts just like that. Once you go into deficit, I don’t care if it’s your personal finances or the school, it’s very difficult to turn things around. If you can get to the situation while there is still money in the bank, it’s a lot easier to make the decisions that need to be made and get things turned around. That’s the purpose of these bills is to get there ahead of time.

Now the issue we have is when the schools do their budget by the end of June, they have to make certain assumptions; how many kids they are going to have; how much you are going to get paid per kid. We don’t get that information up here in Lansing. We don’t know it until six or seven months after the school year starts. By that time, we are already through most of the school year, and the money has been spent. There is very little we can do to turn it around, and so all we are asking on these bills is when you finish your budget at the end of June, tell us those two assumptions, along with your pupil count or per pupil expenditures; tell us immediately. That information will be up here and in the hands of Treasury in August. If we see clear problems in terms of assumptions; in other words, you go from 600 kids last year to 700 this year, that is obviously a problem. We can call and find out what the assumption is. Why did you jump to 700? Is it because there is a new subdivision? Is it because another school is closed, and you’re getting a bunch of kids? Or is it because you are making up a budget that is not accurate? We can immediately identify that, get on top of it before the school year even starts, and make adjustments if necessary. If it’s not necessary, then nothing needs to be done.

Now a good example: Down my way is Hudson, and they have put $500,000 into a vo-tech center. That is a one-time expenditure. Now when you look at their fund balance, it is going to drop like a rock, and that may very well raise a red flag. With one phone call, they could find out that this is a one-time thing; it’s not going to be repeated. Their structural deficit is not in trouble, and that is the end of it. But it is worthwhile, I believe, to know ahead of time and to take action ahead of time and to get the information quickly—by August, not February—so that rational financial decisions can be made. It didn’t make any sense to me to see this school drop every year and we do nothing, when if we had intervened, we could have prevented a lot of financial problems in that particular district.

That is why I would urge you to support these bills. It is not burdensome to the schools. It’s already being reported—this information—and it is just a matter of getting it earlier so intelligent decisions can be made.

The following bill was read a third time:

Senate Bill No. 952, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220.

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. 699 Yeas—24

Booher Green Kowall Pavlov

Brandenburg Hansen Marleau Proos

Casperson Hildenbrand Meekhof Richardville

Caswell Hune Moolenaar Robertson

Colbeck Jansen Nofs Schuitmaker

Emmons Kahn Pappageorge Walker

Nays—14

Ananich Hood Jones Warren

Anderson Hopgood Rocca Whitmer

Bieda Hunter Smith Young

Gregory Johnson

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 953, entitled

A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 7a.

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. 700 Yeas—23

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Caswell Hune Moolenaar Robertson

Colbeck Jansen Nofs Schuitmaker

Emmons Kahn Pappageorge Walker

Green Kowall Pavlov

Nays—15

Ananich Gregory Johnson Warren

Anderson Hood Jones Whitmer

Bieda Hopgood Rocca Young

Casperson Hunter Smith

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Recess

Senator Meekhof moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 11:59 a.m.

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

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 1:31 p.m.

1:39 p.m.

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

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson.

Senate Bill No. 994, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 21a to chapter XIIA.

Senate Bill No. 997, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18 of chapter XIIA (MCL 712A.13a and 712A.18), section 13a as amended by 2012 PA 163 and section 18 as amended by 2011 PA 295.

Senate Bill No. 985, entitled

A bill to amend 2012 PA 580, entitled “Security alarm systems act,” by amending section 2 (MCL 338.2182).

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 amendments, the following bill:

Senate Bill No. 995, entitled

A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 2, line 19, after “BIOLOGICAL” by striking out the comma and inserting “OR”.

2. Amend page 2, line 19, after “ADOPTION” by striking out the balance of the line through “MARRIAGE,” on line 20.

3. Amend page 2, line 21, after “CUSTOM.” by striking out the balance of the subdivision.

The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:

Senate Bill No. 996, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18f of chapter XIIA (MCL 712A.13a and 712A.18f), section 13a as amended by 2012 PA 163 and section 18f as amended by 2012 PA 115.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 4, line 26, after “BIOLOGICAL” by striking out the comma and inserting “OR”.

2. Amend page 4, line 26, after “ADOPTION” by striking out the balance of the line through “MARRIAGE,” on line 27.

3. Amend page 5, line 1, after “CUSTOM.” by striking out the balance of the subdivision.

The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 961, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as amended by 2012 PA 356.

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. 983, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 103, 316, and 2404b (MCL 339.103, 339.316, and 339.2404b), section 103 as amended by 1994 PA 257, section 316 as amended by 1998 PA 90, and section 2404b as amended by 2013 PA 169, and by adding section 604a and article 14A; and to repeal acts and parts of acts.

Substitute (S-3).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 984, entitled

A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 11, 13, 14, 15, 16, 17, 18, 22, 25, 26, 29, 31, and 33 (MCL 338.1052, 338.1053, 338.1054, 338.1055, 338.1056, 338.1058, 338.1059, 338.1061, 338.1063, 338.1064, 338.1065, 338.1066, 338.1067, 338.1068, 338.1072, 338.1075, 338.1076, 338.1079, 338.1081, and 338.1083), the title and sections 3, 4, 8, 9, 14, 17, 25, and 29 as amended by 2010 PA 68, section 2 as amended by 2012 PA 581, section 6 as amended by 2012 PA 419, section 11 as amended by 2004 PA 270, sections 13, 18, and 31 as amended by 2002 PA 473, and sections 22 and 33 as amended by 2000 PA 411, and by adding section 15a; and to repeal acts and parts of acts.

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. 986, entitled

A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 33.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 954, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 102 (MCL 388.1702), as amended by 2013 PA 60.

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. 701 Yeas—24

Booher Green Kowall Pavlov

Brandenburg Hansen Marleau Proos

Casperson Hildenbrand Meekhof Richardville

Caswell Hune Moolenaar Robertson

Colbeck Jansen Nofs Schuitmaker

Emmons Kahn Pappageorge Walker

Nays—14

Ananich Hood Jones Warren

Anderson Hopgood Rocca Whitmer

Bieda Hunter Smith Young

Gregory Johnson

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 955, entitled

A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 3, 4, and 7 (MCL 141.933, 141.934, and 141.937), as amended by 2012 PA 284.

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. 702 Yeas—37

Ananich Hansen Kahn Richardville

Anderson Hildenbrand Kowall Robertson

Bieda Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green Jones Proos Young

Gregory

Nays—1

Booher

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 978, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 703 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 957, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219.

The question being on the passage of the bill,

Senator Hopgood offered the following amendment:

1. Amend page 1, line 5, after “141.440A.” by inserting “A PUBLIC SCHOOL ACADEMY ALSO SHALL TRANSMIT THOSE BUDGETARY ASSUMPTIONS TO THE INTERMEDIATE SUPERINTENDENT OF THE INTERMEDIATE SCHOOL DISTRICT IN WHICH THE PUBLIC SCHOOL ACADEMY IS LOCATED.”.

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Hunter requested the yeas and nays.

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

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 704 Yeas—17

Ananich Gregory Johnson Smith

Anderson Hood Jones Warren

Bieda Hopgood Nofs Whitmer

Caswell Hunter Schuitmaker Young

Emmons

Nays—21

Booher Hildenbrand Marleau Proos

Brandenburg Hune Meekhof Richardville

Casperson Jansen Moolenaar Robertson

Colbeck Kahn Pappageorge Rocca

Green Kowall Pavlov Walker

Hansen

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 705 Yeas—22

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Caswell Hune Moolenaar Robertson

Colbeck Jansen Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Nays—16

Ananich Gregory Johnson Smith

Anderson Hood Jones Warren

Bieda Hopgood Nofs Whitmer

Casperson Hunter Rocca Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Hopgood’s statement is as follows:

I rise to speak to my amendment to Senate Bill No. 957. As you know, this bill is part of an early warning system to allow early intervention in financially-strapped school districts. Ensuring that we have the appropriate reporting requirements in place is an important part of achieving our goal to help these schools.

To that end, my amendment would simply require charter schools to share their projections with the local ISDs at the same time that they share with CEPI. The intermediate school districts will be in a better position to review their constituent districts’ data if they know what kind of enrollment projections the charter schools in their area are expecting. Having this additional means of sharing information will only help us in our effort to assist these struggling districts before it’s too late.

I ask my colleagues for their support on this amendment.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson.

Senate Bill No. 1134, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20135.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 2, following line 4, by inserting:

“(3) A CHILD PASSENGER SAFETY TECHNICIAN WHO HAS BEEN CERTIFIED BY THE NATIONAL CHILD PASSENGER CERTIFICATION TRAINING PROGRAM, WHO ACTS IN GOOD FAITH, AND WHO ACTS WITHIN THE SCOPE OF THE TRAINING FOR WHICH HE OR SHE IS CURRENTLY CERTIFIED IS IMMUNE FROM ANY CIVIL LIABILITY OR CRIMINAL PENALTY.”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1135, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710d (MCL 257.710d), as amended by 2009 PA 57.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Robertson, Kowall and Marleau introduced

Senate Bill No. 1155, entitled

A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281.

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

Statements

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

The motion prevailed.

Senator Colbeck’s statement is as follows:

On November 13, unfortunately, I had to leave early from session to attend a conference to outline an exploit-and-repeal strategy for Obamacare, and I missed several votes. I would like to provide my vote explanations. The votes that I missed were on Senate Bill No. 781, I would have voted “no.” On Senate Bill No. 1088, I would have voted “yes.” On Senate Bill No. 841, I would have voted “yes.” On Senate Bill No. 842, I would have voted “yes.” On Senate Bill No. 843, I would have voted “yes.” On Senate Bill No. 844, I would have voted “yes.” On Senate Bill No. 866, I would have voted “yes.” On Senate Bill No. 867, I would have voted “yes.” On Senate Bill No. 1097, I would have voted “yes.” On Senate Bill No. 1105, I would have voted “no.” On Senate Bill No. 1100, I would have voted “yes.” On Senate Bill No. 1131, I would have voted “yes.” On Senate Bill No. 941, I would have voted “yes.” On Senate Bill No. 942, I would have voted “yes.” On Senate Bill No. 1043, I would have voted “yes.” On Senate Bill No. 1125, I would have voted “yes.” On House Bill No. 4572, I would have voted “yes.” On House Bill No. 4677, I would have voted “yes.”

Committee Reports

The Committee on Transportation reported

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.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

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.

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.

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Hood 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 Transportation submitted the following:

Meeting held on Tuesday, December 2, 2014, at 12:30 p.m., Room 100, Farnum Building

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

The Committee on Energy and Technology reported

House Bill No. 5397, entitled

A bill to authorize certain municipalities to adopt residential clean energy programs to promote the use of renewable energy systems and energy efficiency improvements by owners of certain real property in certain districts; to provide for the financing of those programs through commercial lending, loans by a nonprofit corporation, utility bill charges, and other means; to authorize municipalities to issue bonds, notes, and other evidences of indebtedness and to pay the cost of renewable energy systems and energy efficiency improvements; to provide for the repayment of bonds, notes, and other evidences of indebtedness; to authorize fees; to prescribe the powers and duties of certain governmental officers and entities; and to provide for remedies.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Mike Nofs

Chairperson

To Report Out:

Yeas: Senators Nofs, Proos, Jones, Walker, Hopgood and Young

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, December 2, 2014, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Nofs (C), Proos, Jones, Schuitmaker, Walker, Hopgood, Bieda and Young

Excused: Senator Marleau

The Committee on Judiciary reported

House Bill No. 5450, entitled

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

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5748, entitled

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5749, entitled

A bill to repeal 1959 PA 186, entitled “An act to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for violation of this act,” (MCL 752.891 to 752.892).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5750, entitled

A bill to amend 1952 PA 10, entitled “An act to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 752.841).

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, December 2, 2014, at 2:30 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Schuitmaker and Bieda

Excused: Senator Rocca

The Committee on Insurance reported

Senate Bill No. 1140, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3113 (MCL 500.3113), as amended by 1986 PA 93.

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, Brandenburg, Hansen, Robertson and Smith

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Insurance reported

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.

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.

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Brandenburg, Hansen, Robertson, Smith and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Insurance submitted the following:

Meeting held on Tuesday, December 2, 2014, at 2:30 p.m., Room 100, Farnum Building

Present: Senators Hune (C), Brandenburg, Hansen, Robertson, Smith and Bieda

Excused: Senator Marleau

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Tuesday, December 2, 2014, at 2:00 p.m., Room 405, Capitol Building

Present: Senators Caswell (C), Jansen and Proos

Excused: Senator Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on State Police and Military Affairs submitted the following:

Meeting held on Tuesday, December 2, 2014, at 3:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senator Colbeck (C)

Excused: Senators Pappageorge and Gregory

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, December 3, 2014, at 8:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Booher (C), Schuitmaker, Jansen, Green, Moolenaar, Hood and Anderson

Scheduled Meetings

Administrative Rules - Thursday, December 11, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-5773)

Agriculture - Thursday, December 4, 9:00 a.m., Room 110, Farnum Building (373-5323)

Appropriations -

Subcommittee -

State Police and Military Affairs - Thursday, December 4 (CANCELED), 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Natural Resources, Environment and Great Lakes - Thursday, December 4, 9:00 a.m., Room 210, Farnum Building (373-5312)

Regulatory Reform - Thursday, December 4, 1:00 p.m., Room 210, Farnum Building (373-5307)

State Drug Treatment Court Advisory Committee - Tuesday, December 9, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 2:10 p.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, December 4, 2014, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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