No. 109

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2015

Senate Chamber, Lansing, Thursday, December 10, 2015.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

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

Ananich—present Hopgood—present Pavlov—present

Bieda—present Horn—present Proos—present

Booher—present Hune—present Robertson—present

Brandenburg—present Johnson—present Rocca—present

Casperson—present Jones—present Schmidt—present

Colbeck—present Knezek—present Schuitmaker—present

Emmons—present Knollenberg—present Shirkey—present

Green—present Kowall—present Smith—present

Gregory—present MacGregor—present Stamas—present

Hansen—present Marleau—present Warren—present

Hertel—present Meekhof—present Young—present

Hildenbrand—present Nofs—present Zorn—present

Hood—present O’Brien—present

Pastor David A. Bullock of Greater St. Matthew Baptist Church of Highland Park offered the following invocation:

God of our weary years, God of our silent tears, God who has brought us thus far along the way, and God by Thy might has led us into the light: Keep us forever in the path, we pray. Keep our feet straight toward places, our God, where we met Thee; lest our hearts are drunk with the wine of the world, we forget Thee. Beneath Thy hand, may we forever stand and true to our God and our native land.

We pray that You would bless these proceedings and all of the State Senators. We pray that we might choose love and not hate. I pray we might choose what is light and not dark. May we think about those who have no voice that we might legislate and act on their behalf, not just bow down to those who have purse strings, that we might restore faith in government.

In Your name, we pray. Amen.

The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Kowall moved that Senator Knollenberg be temporarily excused from today’s session.

The motion prevailed.

Senator Hood moved that Senator Young be temporarily excused from today’s session.

The motion prevailed.

The following communication was received and read:

Office of the Senate Majority Leader

December 9, 2015

I would like Senate Bills 648, 649, and 650 re-referred to the Senate Committee on Finance.

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

Sincerely,

Arlan Meekhof

30th Senate District

Senate Majority Leader

The communication was referred to the Secretary for record.

The following communication was received:

Department of Treasury

December 9, 2015

Pursuant to section 21(3), reporting requirement of Public Act 140 of 1971 (the Glenn Steil State Revenue Sharing Act), the attached report related to the financial reporting of local units of government is being transmitted to you via electronic mail.

Julie Walsh, C.P.A.

Assistant Budget 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 Wednesday, December 9:

House Bill Nos. 5017 5018 5019 5020

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 10:

House Bill Nos. 4724 5021 5022

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 9, for his approval the following bill:

Enrolled Senate Bill No. 556 at 3:06 p.m.

The Secretary announced that the following bills were printed and filed on Wednesday, December 9, and are available at the Michigan Legislature website:

Senate Bill Nos. 642 643 644 645 646 647 648 649 650 651 652 653

House Bill Nos. 5121 5122 5123 5124 5125 5126 5127

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Shirkey as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 5028, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A.

House Bill No. 5029, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1986 and 1987.

House Bill No. 5030, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1989.

House Bill No. 4685, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2013 PA 1.

House Bill No. 4581, 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 bills were placed on the order of Third Reading of Bills.

During the Committee of the Whole, Senator Knollenberg entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 171

House Bill No. 4212

House Bill No. 4215

House Bill No. 4438

Senate Bill No. 200

Senate Bill No. 578

Senate Bill No. 352

Senate Bill No. 615

Senate Bill No. 472

Senate Bill No. 473

Senate Bill No. 476

Senate Bill No. 507

Senate Bill No. 554

Senate Bill No. 555

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 171, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66.

The question being on the passage of the bill,

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

Roll Call No. 572 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Shirkey

Colbeck Hune Nofs Smith

Emmons Johnson O’Brien Stamas

Green Jones Pavlov Warren

Gregory Knezek Proos Zorn

Hansen

Nays—0

Excused—1

Young

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4212, entitled

A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15.

The question being on the passage of the bill,

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

Roll Call No. 573 Yeas—26

Booher Horn Marleau Schmidt

Brandenburg Hune Meekhof Shirkey

Colbeck Johnson Nofs Smith

Green Jones Pavlov Stamas

Gregory Knollenberg Robertson Warren

Hildenbrand Kowall Rocca Zorn

Hopgood MacGregor

Nays—10

Ananich Emmons Knezek Proos

Bieda Hansen O’Brien Schuitmaker

Casperson Hertel

Excused—1

Young

Not Voting—1

Hood

In The Chair: President

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.

Senator Young entered the Senate Chamber.

The following bill was read a third time:

House Bill No. 4215, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14.

The question being on the passage of the bill,

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

Roll Call No. 574 Yeas—25

Booher Hune Meekhof Shirkey

Brandenburg Jones Nofs Smith

Colbeck Knollenberg Pavlov Stamas

Green Kowall Robertson Warren

Gregory MacGregor Rocca Young

Hildenbrand Marleau Schmidt Zorn

Horn

Nays—13

Ananich Hansen Hopgood O’Brien

Bieda Hertel Johnson Proos

Casperson Hood Knezek Schuitmaker

Emmons

Excused—0

Not Voting—0

In The Chair: President

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. 4438, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744a (MCL 333.17744a), as added by 2013 PA 186, and by adding section 17744d.

The question being on the passage of the bill,

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

Roll Call No. 575 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

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

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

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 200, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 88s.

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. 576 Yeas—33

Ananich Hood MacGregor Rocca

Bieda Hopgood Marleau Schmidt

Booher Horn Meekhof Schuitmaker

Casperson Johnson Nofs Smith

Green Jones O’Brien Stamas

Gregory Knezek Pavlov Warren

Hansen Knollenberg Proos Young

Hertel Kowall Robertson Zorn

Hildenbrand

Nays—5

Brandenburg Emmons Hune Shirkey

Colbeck

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 578, entitled

A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts.

The question being on the passage of the bill,

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

Roll Call No. 577 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 352, entitled

A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies.

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. 578 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 615, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6094a.

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. 579 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 472, entitled

A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286.

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. 580 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 473, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e.

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. 581 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 476, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325.

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. 582 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 507, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175.

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. 583 Yeas—37

Ananich Hertel Knollenberg Robertson

Bieda Hildenbrand Kowall Rocca

Booher Hood MacGregor Schmidt

Brandenburg Hopgood Marleau Schuitmaker

Casperson Horn Meekhof Smith

Colbeck Hune Nofs Stamas

Emmons Johnson O’Brien Warren

Green Jones Pavlov Young

Gregory Knezek Proos Zorn

Hansen

Nays—1

Shirkey

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 554, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206.

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. 584 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 555, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210).

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. 585 Yeas—38

Ananich Hertel Kowall Rocca

Bieda Hildenbrand MacGregor Schmidt

Booher Hood Marleau Schuitmaker

Brandenburg Hopgood Meekhof Shirkey

Casperson Horn Nofs Smith

Colbeck Hune O’Brien Stamas

Emmons Johnson Pavlov Warren

Green Jones Proos Young

Gregory Knezek Robertson Zorn

Hansen Knollenberg

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

House Concurrent Resolution No. 3

Senate Resolution No. 76

Senate Resolution No. 75

The motion prevailed.

Senators Nofs, Pavlov, Proos, Horn, Zorn, Booher, Schuitmaker, Jones, Schmidt, Kowall, Emmons, Casperson, Brandenburg and Marleau offered the following resolution:

Senate Resolution No. 124.

A resolution to commemorate the 20th Anniversary of the federal recognition of the tribal government of the Nottawaseppi Huron Band of the Potawatomi.

Whereas, The Potawatomi derive their name from Bodéwadmi, which references their role as “keepers of the council fire,” and is a direct link to their enduring roots in Michigan’s history; and

Whereas, The Nottawaseppi Huron Band of the Potawatomi received federal acknowledgement in 1995; and

Whereas, The tribe was reaffirmed as a sovereign nation with a nation-to-nation relationship with the federal government; and

Whereas, The Nottawaseppi Huron Band of the Potawatomi continues to provide leadership for tribal members and serve as a model to other Native Americans in areas of self-government, self-reliance, and self-empowerment; and

Whereas, The tribe has a longstanding history of strong tribal leadership and a successful track record begun under founding leaders and continued under the guidance of its Tribal Council: Chairman Homer A. Mandoka, Vice Chair Jamie Stuck, Secretary Dorie Rios, Treasurer Christine Lanning, and Sergeant at Arms Tony Day; now, therefore, be it

Resolved by the Senate, That we hereby commemorate the 20th Anniversary of federal recognition of the tribal government of the Nottawaseppi Huron Band of the Potawatomi; and be it further

Resolved, That a copy of this resolution be transmitted to the chairman of the Nottawaseppi Huron Band of the Potawatomi Tribal Council.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Kowall moved that further consideration of the resolution be postponed for today.

The motion prevailed.

Senator Knollenberg offered the following resolution:

Senate Resolution No. 125.

A resolution recognizing Ziebart International Corporation of Troy, Michigan, on the occasion of its 56th Anniversary of the establishment of its business in the great state of Michigan.

Whereas, Ziebart International Corporation invented rustproofing and now has some 29 products it distributes to 400 stores worldwide, 25 U.S. states, and 32 countries. The impressive record of performance that Ziebart has provided Michigan residents and visitors alike brings with it a significant contribution to the regional economy; and

Whereas, Ziebart directly employs some 120 people in an employee stock ownership program, and its franchises employ more than 1,500 people; and

Whereas, Established in the city of Detroit in 1959, Ziebart is now headquartered in Troy, with multiple stores and franchises in Michigan; and

Whereas, Ziebart’s business has evolved dramatically from its introduction of rustproofing to include products and services to provide total vehicle protection for cars, trucks, and SUVs for vehicle exterior and interior; culminating with its newest Z-Shield Paint Protection Film specially formulated for its 56th anniversary year introduction; and

Whereas, The employees, Board of Directors, Chief Executive Officer Thomas E. Wolfe, and President Daniel Baker are proud to call Michigan their corporate home. The company serves as Michigan brand ambassadors for the automotive industry in the United States and in 32 countries around the world. This anniversary is a tribute to all those who have worked to build the Ziebart brand through the years that it has attained its current status; now, therefore, be it

Resolved by the Senate, That we hereby recognize Ziebart International Corporation on its 56th Anniversary of its founding; and be it further

Resolved, That we offer this expression of highest tribute to Ziebart and its home community in Troy, Michigan, for the innovation of new products and dedication that has made Ziebart one of the premiere franchise companies in the nation, with unparalleled longevity and innovation in the automotive aftermarket business; and be it further

Resolved, That a copy of this resolution be transmitted to Ziebart International Corporation, the International Franchise Association, the U.S. Chamber of Commerce, and the Oakland County Board of Commissioners as evidence of our highest esteem.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Kowall moved that the rule be suspended.

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

The resolution was adopted.

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

Introduction and Referral of Bills

Senator Shirkey introduced

Senate Bill No. 654, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 64b (MCL 388.1664b), as amended by 2015 PA 85.

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

Senator Ananich introduced

Senate Bill No. 655, entitled

A bill to prescribe the powers and duties of certain providers of water and sewerage service in this state; and to prohibit certain acts and practices of providers of water and sewerage service.

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

Senator Jones introduced

Senate Bill No. 656, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560.

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

Senator Jones introduced

Senate Bill No. 657, entitled

A bill to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251).

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

Senators Jones, Marleau, Bieda, Nofs, Hildenbrand, Hune, Smith, Brandenburg, Hertel, Gregory, Horn, Schuitmaker, Kowall and Colbeck introduced

Senate Bill No. 658, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8.

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

Senator MacGregor introduced

Senate Bill No. 659, entitled

A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Schmidt, Hopgood, Bieda, Nofs and Horn introduced

Senate Bill No. 660, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding chapter 3C.

The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment.

Senators Hopgood, Bieda, Schmidt, Nofs and Horn introduced

Senate Bill No. 661, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 29 (MCL 125.1679), as amended by 2004 PA 66.

The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment.

Senator Young introduced

Senate Bill No. 662, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 435.

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

Senator Young introduced

Senate Bill No. 663, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20174.

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

Senator Young introduced

Senate Bill No. 664, entitled

A bill to require the department of education to consider submitting to the legislature of this state a proposed pilot educational grant program for resident students attending certain public institutions of higher education in this state.

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

Senators Warren, Johnson, Ananich, Hertel, Young, Bieda and Hopgood introduced

Senate Bill No. 665, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2014 PA 192.

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

Senators Warren, Johnson, Ananich, Hertel, Young, Bieda and Hopgood introduced

Senate Bill No. 666, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 223 (MCL 750.223), as amended by 2012 PA 242, and by adding section 223a.

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

Senator Stamas introduced

Senate Bill No. 667, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b.

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

Senator Hune introduced

Senate Bill No. 668, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81d (MCL 750.81d), as amended by 2006 PA 517.

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

House Bill No. 4724, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758 and 759 (MCL 168.758 and 168.759), section 758 as amended by 1996 PA 207 and section 759 as amended by 2012 PA 523.

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 Elections and Government Reform.

House Bill No. 5017, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471.

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 Banking and Financial Institutions.

House Bill No. 5018, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471.

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 Banking and Financial Institutions.

House Bill No. 5019, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471.

The House of Representatives has passed the bill by a 2/3 vote 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 Banking and Financial Institutions.

House Bill No. 5020, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207).

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 Banking and Financial Institutions.

House Bill No. 5021, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471.

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 Banking and Financial Institutions.

House Bill No. 5022, entitled

A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411).

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 Banking and Financial Institutions.

Recess

Senator Kowall moved that the Senate recess until 2:00 p.m.

The motion prevailed, the time being 10:55 a.m.

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

Statements

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

The motion prevailed.

Senator Bieda’s statement is as follows:

I would like to take this time to honor the memory of World War II veteran George Olshove, who is the father of my predecessor and friend, Senator Dennis Olshove. Many of you may remember George, and you may have seen him here a number of times during our Memorial Day services. He always enjoyed it, had a smile on his face, and enjoyed the camaraderie with Dennis’ former co-workers as well as meeting all of you.

George passed away on Monday, December 7, an ironic twist of fate to die on Pearl Harbor Day. He was born March 18, 1920, in Parisville to the late Peter and Francis Olshove. I would like to extend our deepest sympathy to George’s wife Helen, whom he married on February 19, 1949, in Detroit. Additionally, their son Dennis Olshove and his wife Fran; daughters, Ellen and her husband Timothy Bahorski; and Elaine and her significant other Patrick Gumpper; and their 10 grandchildren, Steven, Michael, Marc, Ryan, Joseph, Thomas, Cara, Laura, Erin, and Rachel. George was a devoted family man who loved to have his family around him and always had a smile on his face.

He served in World War II and was part of the 340th Army Corp of Engineers from 1942 to 1946. He often referred to his military service as a great adventure. He served in Alaska, New Guinea, Dutch East Indies, Philippines, Australia, and the Pacific. Because our country was founded on the beliefs of independence, democracy, equality, freedom, acceptance, and life, liberty, and the pursuit of happiness, George has always believed his military service, all who served, and all who are currently serving are critical to the heritage of American freedom. He truly understood what a great price is paid by all who serve, be it either in the military or other means, including politics. He was very proud to serve and was a member of the VFW Bruce Post in St. Clair Shores and the Disabled American Veterans.

He worked as a sheet metal worker skilled tradesman since the 1930s and was a proud member of Sheet Metal Workers Local 80. His 70-plus years in this industry was a very important part of his life, and he will be remembered for his sound judgment, loyalty, and hard work as a skilled tradesman. George also considered it an honor to be a member of the Knights of Columbus.

In his spare time, he also enjoyed cars and airplanes. In his later years, one of his favorite times was when he was able to fly a plane that conducted a midair refueling mission.

Whenever you crossed paths with him, George was quick to ask how you were doing. George’s love and dedication to his family were his top priorities. He will be remembered by his family as a dynamic individual who is very dear to their hearts. While we know that all who had the pleasure of knowing George will treasure their memories of him and the time spent with him, we also know that George valued their love and friendship.

While George lived a very full 95 years, he will not soon be forgotten, and I hope that his family will find comfort in their memories of this individual who was a member of the Greatest Generation.

A moment of silence was observed in memory of World War II veteran George Olshove.

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 10, 2015

I would like House Bill 4724 re-referred to the Senate Committee on Government Operations.

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

Sincerely,

Arlan Meekhof

30th Senate District

Senate Majority Leader

The communication was referred to the Secretary for record.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 551, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; 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.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Rocca

Nays: Senators Colbeck and Bieda

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

The Committee on Judiciary reported

Senate Bill No. 629, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386.

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, Rocca, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4680, entitled

A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2012 PA 261.

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, Rocca, Colbeck and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4713, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck 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 Judiciary submitted the following:

Meeting held on Tuesday, December 8, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda

The Committee on Commerce reported

Senate Bill No. 490, entitled

A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 3, 4, and 5 (MCL 445.1711, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206.

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.

Wayne A. Schmidt

Chairperson

To Report Out:

Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel

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 Commerce submitted the following:

Meeting held on Wednesday, December 9, 2015, at 8:30 a.m., Room 210, Farnum Building

Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel

The Committee on Finance reported

Senate Bill No. 582, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 583, entitled

A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4930, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Tuesday, December 8, 2015, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren

The Committee on Natural Resources reported

House Bill No. 4604, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56.

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, Pavlov, Robertson and Stamas

Nays: Senator Warren

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

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources submitted the following:

Meeting held on Wednesday, December 9, 2015, at 12:30 p.m., Room 210, Farnum Building

Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren

The Committee on Outdoor Recreation and Tourism reported

Senate Bill No. 523, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Goeffrey M. Hansen

Chairperson

To Report Out:

Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson

Nays: None

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

The Committee on Outdoor Recreation and Tourism reported

Senate Bill No. 588, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108.

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.

Goeffrey M. Hansen

Chairperson

To Report Out:

Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson

Nays: None

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

The Committee on Outdoor Recreation and Tourism reported

House Bill No. 4983, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81.

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.

Goeffrey M. Hansen

Chairperson

To Report Out:

Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson

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 Outdoor Recreation and Tourism submitted the following:

Meeting held on Wednesday, December 9, 2015, at 12:30 p.m., Room 110, Farnum Building

Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson

The Committee on Appropriations reported

Senate Bill No. 292, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8.

With the recommendation that the bill pass.

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

David S. Hildenbrand

Chairperson

To Report Out:

Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

House Bill No. 4095, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

With the recommendation that the bill pass.

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

David S. Hildenbrand

Chairperson

To Report Out:

Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

House Bill No. 5105, entitled

A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

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

David S. Hildenbrand

Chairperson

To Report Out:

Yeas: Senators Hildenbrand, Hansen, Stamas, Knollenberg, Booher, Shirkey, Nofs, Gregory, Hertel and Young

Nays: Senators MacGregor, Schuitmaker, Proos, Green and Marleau

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, December 9, 2015, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young

Excused: Senator Shirkey

COMMITTEE ATTENDANCE REPORT

The Committee on Insurance submitted the following:

Meeting held on Wednesday, December 9, 2015, at 2:00 p.m., Room 210, Farnum Building

Present: Senators Hune (C), Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young

Excused: Senator Brandenburg

Scheduled Meetings

Veterans, Military Affairs and Homeland Security - Tuesday, December 15, 9:00 a.m., Room 110, Farnum Building (373-5314)

Senator Kowall moved that the Senate adjourn.

The motion prevailed, the time being 2:05 p.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, December 15, 2015, at 10:00 a.m.

JEFFREY F. COBB

Secretary of the Senate

1972 JOURNAL OF THE SENATE [December 10, 2015] [No. 109

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1994