No. 23

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2014

Senate Chamber, Lansing, Wednesday, March 5, 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

Pastor Shawn Smith of Heritage Baptist Church of DeWitt offered the following invocation:

Heavenly Father, thank You for Your many blessings. We thank You today that there will be many opportunities brought before this body. We pray that You give them wisdom. Lord, with great opportunity comes great responsibility. We pray Your blessing will be on this place today, and it is in Christ’s name we pray. Amen.

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

Motions and Communications

Senators Jansen and Walker entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

Senator Pappageorge entered the Senate Chamber.

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, March 4:

House Bill No. 5160

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senate Bill No. 608, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, and the judicial branch for the fiscal year ending September 30, 2014; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Meekhof moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 71 Yeas—0

Nays—36

Ananich Green Kahn Richardville

Anderson Gregory Kowall Robertson

Bieda Hansen Marleau Rocca

Booher Hildenbrand Meekhof Schuitmaker

Brandenburg Hood Moolenaar Smith

Casperson Hopgood Nofs Walker

Caswell Hune Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Jones Proos Young

Excused—2

Hunter Johnson

Not Voting—0

In The Chair: Schuitmaker

Third Reading of Bills

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

Senate Bill No. 805

Senate Bill No. 806

Senate Bill No. 807

Senate Bill No. 808

Senate Bill No. 809

Senate Bill No. 810

Senate Bill No. 811

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 805, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 134a, 504, 515, 932, 1001a, 1003, 1003a, 1003b, 1003c, 1004, 1005d, and 1006 (MCL 330.1100b, 330.1134a, 330.1504, 330.1515, 330.1932, 330.2001a, 330.2003, 330.2003a, 330.2003b, 330.2003c, 330.2004, 330.2005d, and 330.2006), section 100b as amended by 2012 PA 500, section 134a as amended by 2010 PA 293, section 515 as amended by 1995 PA 290, sections 1001a, 1003a, 1003b, 1004, 1005d, and 1006 as amended and section 1003c as added by 1993 PA 252, and section 1003 as amended by 2007 PA 112.

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. 72 Yeas—36

Ananich Green Kahn Richardville

Anderson Gregory Kowall Robertson

Bieda Hansen Marleau Rocca

Booher Hildenbrand Meekhof Schuitmaker

Brandenburg Hood Moolenaar Smith

Casperson Hopgood Nofs Walker

Caswell Hune Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Jones Proos Young

Nays—0

Excused—2

Hunter Johnson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Senators Brandenburg, Hune, Pavlov, Proos, Richardville, Rocca, Walker and Young were named co‑sponsors of the bill.

The following bill was read a third time:

Senate Bill No. 806, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2010 PA 292.

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. 73 Yeas—36

Ananich Green Kahn Richardville

Anderson Gregory Kowall Robertson

Bieda Hansen Marleau Rocca

Booher Hildenbrand Meekhof Schuitmaker

Brandenburg Hood Moolenaar Smith

Casperson Hopgood Nofs Walker

Caswell Hune Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Jones Proos Young

Nays—0

Excused—2

Hunter Johnson

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. 807, entitled

A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 2 (MCL 550.52).

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. 74 Yeas—36

Ananich Green Kahn Richardville

Anderson Gregory Kowall Robertson

Bieda Hansen Marleau Rocca

Booher Hildenbrand Meekhof Schuitmaker

Brandenburg Hood Moolenaar Smith

Casperson Hopgood Nofs Walker

Caswell Hune Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Jones Proos Young

Nays—0

Excused—2

Hunter Johnson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Senator Johnson entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No. 808, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 410 (MCL 550.1410), as amended by 1998 PA 24.

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. 75 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 Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 809, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 20a, 21a, and 36 of chapter VIII and section 15g of chapter XVII (MCL 768.20a, 768.21a, 768.36, and 777.15g), section 20a of chapter VIII as amended by 2006 PA 655, section 21a of chapter VIII as amended by 1994 PA 56, section 36 of chapter VIII as amended by 2002 PA 245, and section 15g of chapter XVII as amended by 2008 PA 16.

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. 76 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 Senate agreed to the title of the bill.

Senator Hunter entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No. 810, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43515 (MCL 324.43515), as added by 1995 PA 57.

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. 77 Yeas—37

Ananich Gregory Jones 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

Nays—0

Excused—0

Not Voting—1

Kahn

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 811, entitled

A bill to amend 1981 PA 180, entitled “Older Michiganians act,” by amending section 6 (MCL 400.586), as amended by 1987 PA 35.

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. 78 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.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

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

Senator Meekhof moved that Senator Colbeck be excused from the balance of today’s session.

The motion prevailed.

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 Robertson as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 472, entitled

A bill to amend 1990 PA 345, entitled “State survey and remonumentation act,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 15, and 17 (MCL 54.262, 54.263, 54.264, 54.266, 54.267, 54.268, 54.269, 54.270, 54.271, 54.272, 54.275, and 54.277), sections 2 and 12 as amended by 2010 PA 260, section 6 as amended by 1998 PA 5, section 8 as amended by 2002 PA 489, and section 11 as amended by 2006 PA 76, and by adding sections 9a and 9b.

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. 667, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending section 2 (MCL 722.642), as amended by 2006 PA 236.

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. 668, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1 and 4 (MCL 722.641 and 722.644), as amended by 2006 PA 236.

Substitute (S-4).

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

Senator Hunter stated that had he been present earlier today when the vote was taken on concurring in the House substitute to the following bill, he would have voted “nay”:

Senate Bill No. 608

Senator Hunter stated that had he been present earlier today when the votes were taken on the passage of the following bills, he would have voted “yea”:

Senate Bill No. 805

Senate Bill No. 806

Senate Bill No. 807

Senate Bill No. 808

Senate Bill No. 809

Resolutions

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

Senate Resolution No. 34

The motion prevailed.

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 120

The resolution consent calendar was adopted.

Senator Bieda offered the following resolution:

Senate Resolution No. 120.

A resolution recognizing May 24, 2014, as Public Service Chaplains Appreciation Day in the state of Michigan.

Whereas, May 24, 2014, is announced as the second Public Service Chaplains Appreciation Day in the state of Michigan. It is with great gratitude that we recognize these chaplains on their great work, dedication, and services to our communities; and

Whereas, Public service chaplains provide a number of services and assistance in the community, consisting of public safety awareness and actions, disaster or crisis assistance, along with religious roles to increase faith and spirituality through faith-based organizations, and many governmental, educational, and community organizations. Other positions can range from counseling to business matters, as they reflect upon the strong faith and devotion of the individuals and families they bring together; and

Whereas, The public service chaplains of today’s society undergo thorough training and certification in order to provide the best assistance to those seeking or in need of support. These chaplains have acquired immense knowledge through the experiences within their training. They possess leadership skills and continue to grow and be involved in community outreach efforts; and

Whereas, Public Service Chaplains Appreciation Day is promoted for recognition, participation, and observation in all local and statewide businesses, organizations, government, and public safety departments for their immense variety of contributions to the community; now, therefore, be it

Resolved by the Senate, That we offer this resolution of acknowledgement and appreciation that May 24, 2014, be recognized as the second Public Service Chaplains Appreciation Day in the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to James Friedman, Senior Pastor of Greater Christian Ministries International, on behalf of the public services chaplains.

Senators Ananich, Anderson, Hansen, Hopgood, Hunter, Jones, Schuitmaker and Warren were named co‑sponsors of the resolution.

Senators Warren and Ananich offered the following resolution:

Senate Resolution No. 121.

A resolution to declare March 5, 2014, as Spread the Word to End the Word Day in the state of Michigan.

Whereas, Respectful and inclusive language is essential to the movement for the dignity and humanity of people with intellectual disabilities. However, much of society does not recognize the hurtful, dehumanizing, and exclusive effects of the words “retard” and “retarded”; and

Whereas, The R-word has become a common taunt used to make fun of others. Often unwittingly, the word is used to denote behavior that is clumsy, hapless, and even hopeless. But whether intentional or not, the word conjures up a painful stereotype of people with intellectual and developmental disabilities. It hurts, even if you don’t mean it that way; and

Whereas, The Spread the Word to End the Word campaign is an ongoing effort by Special Olympics Michigan and their supporters to raise the consciousness of society about the dehumanizing and hurtful effects of the word “retard(ed)” and encourage people to pledge to stop using the R-word; and

Whereas, This campaign, created by youth with and without developmental disabilities, is intended to engage schools, organizations, and communities to rally and pledge their support at www.r-word.org with a goal of reaching 100,000 pledges; and

Whereas, On March 5, 2014, citizens across the state of Michigan and throughout the United States will lead a day of awareness to Spread the Word to End the Word; and

Whereas, The day will be devoted to educating and raising awareness of the positive impact individuals with intellectual and developmental disabilities have in our communities and why the use of the R-word is hurtful, even in casual conversation; now, therefore, be it

Resolved by the Senate, That this legislative body hereby acknowledges March 5, 2014, as Spread the Word to End the Word Day in the state of Michigan.

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

Senator Meekhof moved that the rule be suspended.

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

The resolution was adopted.

Senators Anderson, Bieda, Hansen, Hopgood, Hunter, Jones, Marleau, Richardville and Schuitmaker were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Warren’s statement is as follows:

Thank you, colleagues, for the overwhelming bipartisan support of the first half of the package of bills that was just before us. The House is taking action on the other half. It is a truly bicameral and bipartisan package of bills to scrub Michigan statutes of old words that now offend. We have a way to do it better, and we appreciate all of you taking the time to sign pledges.

On your desk this morning, you should’ve seen a little packet of a t-shirt and a pledge that says that we all today are going to spread the word to end the word, and scrub the R-word from our statutes and from our vocabulary. It’s a way that we can take a step toward reducing the stigma of mental illness and developmental disabilities and substance use disorders. I hope you will all take the time to sign this pledge, and take it seriously back in your communities. Let’s move forward and show that we’re an inclusive state that values all of our citizens.

Introduction and Referral of Bills

Senators Ananich, Warren, Hopgood, Anderson, Gregory, Young, Johnson, Whitmer, Hunter, Bieda and Smith introduced

Senate Bill No. 849, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 720 and 735 (MCL 168.720 and 168.735), section 735 as amended by 2004 PA 92, and by adding section 720a.

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

Senators Colbeck, Richardville, Jones, Nofs, Casperson, Rocca, Ananich and Gregory introduced

Senate Bill No. 850, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15b (MCL 423.215b), as added by 2011 PA 54.

The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.

Senators Casperson, Colbeck and Pappageorge introduced

Senate Bill No. 851, entitled

A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), sections 1109 and 2129 as amended by 2012 PA 178.

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

House Bill No. 5160, entitled

A bill to amend 1972 PA 160, entitled “An act to allow units and subdivisions of government to make agreements; and to provide for costs of administration of agreements,” by amending section 1 (MCL 211.731).

The 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 Local Government and Elections.

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

March 5, 2014

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-2) to Senate Bill 608, the Senate appoints the following members to the conference committee:

Senator Roger Kahn

Senator John Moolenaar

Senator Glenn Anderson

Thank you for your prompt consideration of this matter.

Respectfully yours,

Randy Richardville

Senate Majority Leader

The communication was referred to the Secretary for record.

Messages from the Governor

The following messages from the Governor were received:

Date: March 4, 2014

Time: 8:56 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 263 (Public Act No. 25), being

An act to amend 1976 PA 295, entitled “An act to improve and maintain transportation services in this state; to provide for the acquisition and use of funds; to provide for the acquisition of certain railroad facilities and certain property; to provide for the disposition and use of facilities and property acquired under this act; to provide for financial assistance to certain private transportation services; to prescribe the powers and duties of certain state departments and agencies; to provide for the transfer of certain funds; to provide for the creation of certain funds; and to provide for appropriations,” by amending section 10 (MCL 474.60), as amended by 2012 PA 42; and to repeal acts and parts of acts.

(Filed with the Secretary of State on March 4, 2014, at 4:20 p.m.)

Date: March 4, 2014

Time: 8:58 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 463 (Public Act No. 26), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 225 (MCL 257.225), as amended by 1995 PA 129.

(Filed with the Secretary of State on March 4, 2014, at 4:22 p.m.)

Date: March 4, 2014

Time: 9:00 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 553 (Public Act No. 27), being

An act to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending section 4 (MCL 125.2684), as amended by 2008 PA 116.

(Filed with the Secretary of State on March 4, 2014, at 4:24 p.m.)

Date: March 4, 2014

Time: 3:38 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 319 (Public Act No. 22), being

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 760.1 to 777.69) by adding sections 25 and 25a to chapter IX.

(Filed with the Secretary of State on March 4, 2014, at 4:14 p.m.)

Respectfully,

Rick Snyder

Governor

Committee Reports

The Committee on Insurance reported

Senate Bill No. 820, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22211 (MCL 333.22211), as amended by 2002 PA 619.

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, Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Insurance reported

House Bill No. 4467, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 125.

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, Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Insurance reported

House Bill No. 5146, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 4404, 4420, 4424, 4426, 4434, 4438, 4442, and 4446 (MCL 500.4404, 500.4420, 500.4424, 500.4426, 500.4434, 500.4438, 500.4442, and 500.4446), section 4404 as amended by 2006 PA 511 and section 4424 as amended by 2008 PA 497.

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, Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Insurance reported

House Bill No. 5147, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2236 (MCL 500.2236), as amended by 2002 PA 664; 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.

Joe Hune

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Insurance reported

House Bill No. 5148, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 912 and 924 (MCL 500.912 and 500.924), as amended by 2002 PA 462.

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, Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Insurance reported

House Bill No. 5149, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 603 (MCL 500.603), as added by 2003 PA 208.

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, Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Insurance reported

House Bill No. 5150, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 4016 and 4073 (MCL 500.4016 and 500.4073), section 4073 as added by 1980 PA 58.

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, Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Insurance submitted the following:

Meeting held on Tuesday, March 4, 2014, at 2:30 p.m., Room 100, Farnum Building

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

The Committee on Energy and Technology reported

Senate Bill No. 757, entitled

A bill to create the security act for nuclear energy; and to clarify the rights and duties of officers providing security at nuclear generating facilities.

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, Marleau, Schuitmaker, Walker, Hopgood, Bieda and Young

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Energy and Technology reported

House Bill No. 4885, entitled

A bill to amend 1929 PA 48, entitled “An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes,” by amending section 3 (MCL 205.303), as amended by 1996 PA 135, and by adding section 11a.

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.

Mike Nofs

Chairperson

To Report Out:

Yeas: Senators Nofs, Proos, Jones, Marleau, Schuitmaker and Walker

Nays: Senators Hopgood, Bieda and Young

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

The Committee on Energy and Technology reported

House Bill No. 5254, entitled

A bill to amend 1929 PA 16, entitled “An act to regulate the business of carrying or transporting, buying, selling or dealing in crude oil or petroleum or its products, through pipe lines; to authorize the use of public highways and the condemnation of private property; to regulate the purchase and storage of crude oil or petroleum; to provide for the control and regulation of all corporations, associations and persons engaged in such business, by the Michigan public utilities commission; to define the powers and duties of the commission in relation thereto; and to prescribe penalties for violations of the provisions hereof,” by amending section 2a (MCL 483.2a), as added by 1997 PA 125.

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, Marleau, Schuitmaker, Walker, Hopgood and Bieda

Nays: Senator Young

The bill was referred to the Committee of the Whole.

The Committee on Energy and Technology reported

House Bill No. 5255, entitled

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.

Mike Nofs

Chairperson

To Report Out:

Yeas: Senators Nofs, Proos, Jones, Marleau, Schuitmaker and Walker

Nays: Senator Young

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

The Committee on Energy and Technology reported

House Bill No. 5274, entitled

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.

Mike Nofs

Chairperson

To Report Out:

Yeas: Senators Nofs, Proos, Jones, Marleau, Schuitmaker, Walker, Hopgood and Bieda

Nays: Senator Young

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

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, March 4, 2014, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

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

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Tuesday, March 4, 2014, at 2:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Caswell (C), Jansen, Proos and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on General Government submitted the following:

Meeting held on Tuesday, March 4, 2014, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Pappageorge (C), Jansen, Colbeck and Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Wednesday, March 5, 2014, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Walker (C), Caswell, Pappageorge and Hopgood

Scheduled Meetings

Administrative Rules - Wednesday, March 12, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5773)

Appropriations -

Subcommittees -

Agriculture and Rural Development - Tuesdays, March 11, March 18 and March 25 (CANCELED), 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Community Colleges and House Community Colleges Appropriations Subcommittee - Friday, March 7, 1:00 p.m., Monroe County Community College, La-Z-Boy Center, Quad Room, 1555 South Raisinville Road, Monroe (373-2768)

Corrections Department - Thursdays, March 6, March 13 and March 20, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Environmental Quality Department - Tuesday, March 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

General Government - Tuesdays, March 11, March 18 and March 25, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Higher Education - Thursday, March 27, 11:30 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Human Services Department - Tuesday, March 11, 2:00 p.m., Room 405, Capitol Building (373-2768)

Judiciary - Thursdays, March 6 (CANCELED) and March 13, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

K-12, School Aid, Education - Wednesday, March 12, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Licensing and Regulatory Affairs Department - Thursday, March 6, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-2768)

State Police and Military Affairs - Thursdays, March 6, March 13, March 27 and April 17, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Transportation and Transportation Committee - Tuesday, March 11, 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Banking and Financial Institutions - Thursday, March 6, 1:30 p.m., Room 100, Farnum Building (373-5314)

Health Policy - Thursday, March 6, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)

Legislative Council - Thursday, March 6, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373‑0212) (CANCELED)

Michigan Law Revision Commission - Wednesday, March 19, 12:00 noon, Room 426, Capitol Building (373-0212)

Natural Resources, Environment and Great Lakes - Thursday, March 6, 9:00 a.m., Room 210, Farnum Building (373‑5314)

Regulatory Reform - Thursday, March 6, 1:00 p.m., Room 210, Farnum Building (373-5307)

Transportation and Transportation Appropriations Subcommittee - Tuesday, March 11, 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5314)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 10:34 a.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 6, 2014, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

278 JOURNAL OF THE SENATE [March 5, 2014] [No. 23

No. 23] [March 5, 2014] JOURNAL OF THE SENATE 279

280 JOURNAL OF THE SENATE [March 5, 2014] [No. 23

No. 23] [March 5, 2014] JOURNAL OF THE SENATE 281

282 JOURNAL OF THE SENATE [March 5, 2014] [No. 23

No. 23] [March 5, 2014] JOURNAL OF THE SENATE 283

284 JOURNAL OF THE SENATE [March 5, 2014] [No. 23

No. 23] [March 5, 2014] JOURNAL OF THE SENATE 285

286 JOURNAL OF THE SENATE [March 5, 2014] [No. 23

No. 23] [March 5, 2014] JOURNAL OF THE SENATE 287

288 JOURNAL OF THE SENATE [March 5, 2014] [No. 23

No. 23] [March 5, 2014] JOURNAL OF THE SENATE 289

290 JOURNAL OF THE SENATE [March 5, 2014] [No. 23

No. 23] [March 5, 2014] JOURNAL OF THE SENATE 291

292 JOURNAL OF THE SENATE [March 5, 2014] [No. 23

No. 23] [March 5, 2014] JOURNAL OF THE SENATE 293

294