No. 62

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2014

Senate Chamber, Lansing, Thursday, September 11, 2014.

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 Hood—present Pappageorge—present

Anderson—present Hopgood—present Pavlov—excused

Bieda—present Hune—present Proos—present

Booher—present Hunter—excused Richardville—present

Brandenburg—present Jansen—present Robertson—present

Casperson—present Johnson—excused 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—excused Young—excused

Hildenbrand—present Nofs—present

Monsignor Zouhair Kejbou of Holy Cross Chaldean Church of Farmington Hills offered the following invocation:

Eternal God, source of life and blessing for all creation, we call to You from out of the depths to turn to You for courage, strength, and wisdom. Shelter in peace those souls lost on September 11, and give comfort to those whose hearts still ache: the parents, spouses, siblings, children, and friends who keep their loved ones’ memories alive as a precious legacy. Honor and protect the public servants who responded on September 11 in the days, weeks, and months that followed and who continue to risk their safety for the common good. Bring healing to those responders whose service at Ground Zero continues to take a physical, emotional, and spiritual toll.

Dear God, You created all of us in Your image. On this day, we remember that throughout history, there are those who have distorted Your image, seeking power for themselves instead of submitting to Your power; destroying relationships through violence, fear, and oppression rather than seeking to build those relationships through love, peace, and mercy. Grant us a heart of wisdom that we may recognize Your divine image in every human being. May that wisdom lead us to act toward one another not with anger or prejudice, but with compassion and care.

Strengthen the hands of those who defend our country, and inspire our governmental leaders to be pursuers of peace. In return, we offer our prayers for our country and its governments, our soldiers, and citizens who faithfully serve this nation and strive toward peace. May the actions and words we offer today and every day continue to be a prayer for peace that we might live to see the day that swords will be made into plowshares, and nations will not learn war anymore.

In this time of reflection, as we have gathered to remember, we call on You, Creator of the earth, to guide us into using the power You have given us to create, not to destroy; to love, not to hate; to build, instead of tearing down; to reconcile, instead of breaking apart; to seek restorative justice, instead of revenge. Guide our hearts and minds to remember that we are created in Your image, created to be here this morning.

In the name of Jesus the Christ, who went to the cross instead of revenge; who walked this earth in peace, instead of carrying weapons; and who in the Resurrection says, “Peace be with You.” We pray that we might walk in His name, and together we say, amen.

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

Motions and Communications

Senators Brandenburg and Kahn entered the Senate Chamber.

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

The motion prevailed.

Senator Meekhof moved that Senators Pavlov and Moolenaar be excused from today’s session.

The motion prevailed.

The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, September 10, and are available at the Michigan Legislature website:

Senate Bill Nos. 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036

House Bill Nos. 5739 5740 5741 5742 5743 5744 5745 5746 5747 5748 5749 5750 5751 5752

5753 5754 5755 5756 5757 5758 5759 5760 5761 5762 5763 5764 5765 5766

5767 5768 5769 5770 5771 5772 5773 5774 5775 5776 5777 5778 5779 5780

5781 5782 5783 5784 5785

House Joint Resolution LL

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 34

Senate Concurrent Resolution No. 15

Senate Resolution No. 162

Senate Concurrent Resolution No. 20

Senate Resolution No. 168

The motion prevailed.

Senator Nofs offered the following resolution:

Senate Resolution No. 175.

A resolution to commemorate the 225th Anniversary of the United States Marshals Service and recognizing September 24, 2014, as U.S. Marshals Day.

Whereas, The U.S. Marshals Service is the oldest federal law enforcement agency; and

Whereas, The first judicial act entitled “An act to establish the judicial court of the United States,” was approved on September 24, 1789, directing the appointment of United States marshals and launching the U.S. Marshals Service; and

Whereas, For the last 225 years, U.S. marshals have executed warrants, distributed presidential proclamations, helped conduct the national census, protected the President and federal courts, provided custody and transportation for federal prisoners, maintained and disposed of seized and forfeited properties, ensured the safe conduct of judicial proceedings, protected federal judges and jurors and other members of the federal judiciary, provided for the security of witnesses, and directed fugitive task forces to apprehend dangerous fugitives; and

Whereas, The men and women of the U.S. Marshals Service have served our state and nation valiantly and with dedication to the principles of our Constitution and the rule of law; now, therefore, be it

Resolved by the Senate, That we hereby recognize September 24, 2014, as U.S. Marshals Day in Michigan, in recognition of the 225th Anniversary of the Marshals Service, whose members have embodied the virtues of justice, integrity, and service; and be it further

Resolved, That copies of this resolution be transmitted to the director of the U.S. Marshals Service and the Marshals Service Eastern and Western District Offices 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, Brandenburg, Emmons, Green, Gregory, Jones, Kowall, Marleau, Meekhof, Pappageorge, Pavlov, Proos, Richardville, Robertson, Rocca and Jansen were named co‑sponsors of the resolution.

Senator Hildenbrand offered the following resolution:

Senate Resolution No. 176.

A resolution to commemorate September 2014 as Childhood Cancer Awareness Month in the state of Michigan.

Whereas, Each day, 46 school-age children will be diagnosed with cancer; and

Whereas, One out of five children diagnosed with cancer will not survive the disease; and

Whereas, The types of cancers that affect children are most often very different from those that affect adults; and

Whereas, Childhood cancer spares no socioeconomic, ethnic, racial, or geographic class; and

Whereas, In the United States, pediatric cancer is the leading cause of death by disease in children under 15 years of age; and

Whereas, The causes of most pediatric cancers remain largely unknown and are not strongly linked to lifestyle, unlike most adult cancers; and

Whereas, Two-thirds of childhood cancer patients will develop long-lasting chronic conditions as a result of treatment that prevent them from fully participating in school, social activities, and work; and

Whereas, Childhood cancer rates have been rising for the past few decades, and in the past 20 years, the incidence of invasive pediatric cancers is up to 29 percent; and

Whereas, Cancer kills more children than AIDS, asthma, cystic fibrosis, diabetes, and muscular dystrophy combined; and

Whereas, In the last 25 years, only two drugs have been specifically developed for children’s cancer, and in 20 years, the Federal Drug Administration has approved only one drug for any childhood cancer; and

Whereas, Less than 5 percent of the federal government’s total funding for cancer research is dedicated to childhood cancers, and only about 3 percent of funds raised for the National Cancer Institute go directly to pediatric cancer research; and

Whereas, Despite the facts, childhood cancer research is vastly and consistently underfunded. Since 2003, the funding for pediatric cancer research has decreased steadily; and

Whereas, Although there have been major advances in treatment, it is still critically important to conduct research and increase awareness regarding pediatric cancer; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize September 2014 as Childhood Cancer Awareness Month in the state of Michigan. We encourage all citizens to help raise awareness of pediatric cancer and its victims.

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, Brandenburg, Emmons, Green, Gregory, Jones, Kowall, Marleau, Meekhof, Pappageorge, Pavlov, Proos, Richardville, Robertson, Rocca, Warren and Jansen were named co‑sponsors of the resolution.

Senators Colbeck, Casperson, Robertson, Nofs and Pappageorge offered the following resolution:

Senate Resolution No. 177.

A resolution designating September 11-17, 2014, as Michigan Patriot Week.

Whereas, The Legislature recognizes that understanding American history and America’s First Principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the September 11, 2001, attacks, the Legislature acknowledges that American citizens must take time to honor the First Principles, founders, documents, and symbols of their history; and

Whereas, The events that led to the signing of The Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, have significance for every American and are honored in public schools across the nation on September 17 of each year as Constitution Day; and

Whereas, Revolution, the rule of law, social compact, equality, unalienable rights, and limited government are the First Principles upon which America was founded and flourishes; and

Whereas, Exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison founded and advanced the United States; and

Whereas, The Declaration of Independence, the Constitution and the congressional resolution forwarding the Constitution to the states, Marbury v Madison, Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, and the “I Have a Dream” speech are key documents that embody America’s First Principles and have advanced American liberty; and

Whereas, The Bennington Flag, original Betsy Ross American flag, current American Flag, Suffragist Flag, Fort Sumter Flag, Gadsden Flag, and flag of the state of Michigan are fundamental physical symbols of American history and freedom that should be studied and remembered by each American citizen; now, therefore, be it

Resolved by the Senate, That we hereby designate September 11-17, 2014, as Michigan Patriot Week, which symbolically begins on September 11 and concludes on September 17, Constitution Day. We recognize that each generation needs to renew the spirit of America based on America’s First Principles, historical figures, founding documents, and symbols of America. The citizens, schools and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week by honoring and celebrating so that all may offer the reverence that is due to our free republic; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Council for Social Studies, Michigan Center for Civic Education, State Board of Education, State Bar of Michigan, Oakland County Bar Association, Oakland County Circuit Court, Senate Majority Leader Randy Richardville, Speaker of the House Jase Bolger, and Governor Rick Snyder.

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 Brandenburg, Emmons, Green, Gregory, Kowall, Marleau, Meekhof, Pavlov, Proos, Richardville and Jansen were named co‑sponsors of the resolution.

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:

Most of us remember where we were on September 11, 2001. I was in Ann Arbor at a management board meeting. We were discussing who knows what, but as soon as I had my third phone call from my wife in the middle of the meeting, I walked on out and took the call. She said, “You’ve got to turn on the TV.”

We just so happened to have a TV in the board meeting and turned it on just in time to see the second plane hit the second tower at the World Trade Center. It was a pretty emotional day for a lot of people, and what the terrorists did—pure evil. They hit what they thought were symbols of America today. They attempted to hit the heart of America. While they hit the hearts of people who grieve that day—many friends and family members whom they’ll never see again as a result of their act that day—and although they hit the heart of many friends and family of our service personnel who went off to provide retribution for that event and are still defending our freedom overseas, they didn’t hit the heart of America.

The heart of America is a set of ideals that are unique to being an American. These ideals are best expressed in our Declaration of Independence; that we hold these truths to be self-evident, that we are endowed by our Creator with certain unalienable rights. We are all created equal. We are endowed with these rights of life, liberty, and the pursuit of happiness. That’s the heart of America, folks.

My concern is we’re not instructing our kids anymore on what that heart of America is. This resolution here for Patriot Week is designed to remind us of what that heart of America is. It’s designed to highlight those principles that all unify us. You know that expression here, “e pluribus unum”—”from many into one”—what we’re unifying here are those principles of what it means to be an American. You can go to Ireland and live there, but you’ll never be Irish. You can come to America and it doesn’t matter where you come from and you can be an American.

It’s with this in mind that I encourage all of my colleagues here to support the passage of Senate Resolution No. 177. But I’d actually encourage them to go beyond supporting Resolution No. 177 and the companion bill sitting on the House floor right now, Senate Bill No. 121, and actually make sure that you take it out to your community, and make sure that they’re aware of this reminder to go off and embrace these principles that we hold dear. Maybe go back and take some time with the family and read that old Declaration of Independence; get the dust off of it. Go off and check the old U.S. Constitution here. Go off and read the documents that make us truly American. Spread it with your kids, and spread it with your family members. Take some time aside today or this weekend to do just that.

With that, I encourage the passage of Senate Resolution No. 177.

Senators Bieda, Ananich, Gregory and Johnson offered the following resolution:

Senate Resolution No. 178.

A resolution to encourage Michigan animal shelters and pounds to adopt a “no-kill” philosophy in dealing with homeless pets.

Whereas, More than 100,000 animals were euthanized at Michigan animal shelters in 2010. The number of homeless pets killed each year both in Michigan and nationwide has decreased significantly in the past decade. However, the killing of healthy, adoptable pets by animal shelters continues as a matter of policy rather than necessity; and

Whereas, The “no-kill” philosophy refers to finding an alternative to euthanasia as a means of controlling the pet population for otherwise healthy animals. No-kill does not mean that no animals die in a shelter, but those that are healthy and treatable are saved. The no-kill philosophy recognizes the need to deal humanely with sick and suffering animals as well as vicious animals that cannot be placed in the community; and

Whereas, Requiring volunteers at shelters to take on the job of killing unwanted and homeless pets is an unfair burden to those working with these animals. Focus should be placed on no-kill methods of handling homeless pets, including aggressively marketing adoption, community education, and discount spay and neutering programs; now, therefore, be it

Resolved by the Senate, That we encourage Michigan animal shelters and pounds to adopt a “no-kill” philosophy in dealing with homeless pets; and be it further

Resolved, That copies of this resolution be transmitted to the Division of Licensing, Certification, and Registration within the Department of Agriculture and Rural Development and the Michigan Humane Society.

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

Senator Meekhof moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Meekhof moved that the resolution be referred to the Committee on Agriculture.

The motion prevailed.

Senators Anderson, Brandenburg, Green, Kowall, Meekhof, Pappageorge, Rocca and Warren were named co‑sponsors of the resolution.

Senator Casperson offered the following resolution:

Senate Resolution No. 179.

A resolution to oppose the current proposal to designate the northern long-eared bat as a threatened or endangered species.

Whereas, The U.S. Fish and Wildlife Service (FWS) has proposed adding the northern long-eared bat to the federal list of endangered and threatened wildlife. Northern long-eared bat populations have been severely impacted by the spread of white-nose syndrome in many areas of the country. The FWS currently intends to make a final listing decision by April 2015, including management measures to protect northern long-eared bats; and

Whereas, Current voluntary interim measures to protect northern long-eared bats, if adopted into law as mandatory measures, would be overly restrictive and would cripple the forest products industry in Michigan and nearby states. The restrictions would apply to public and private land and could shut down timber harvesting throughout the summer, devastating communities that rely on the industry for their livelihood; and

Whereas, The FWS has not engaged state natural resource agencies or the forest products industry in developing management measures to protect northern long-eared bats. State agencies, the forest industry, and others have invaluable expertise and experience that should be employed to develop reasonable and appropriate conservation measures that will protect northern long-eared bats while allowing for the proper management of other critical species and the sustainable harvest of timber; and

Whereas, Any required management measures must be based on sound scientific data. There is still great scientific uncertainty regarding the northern long-eared bat population and how white-nose syndrome kills bats. This information is critical in determining appropriate measures to protect northern long-eared bats. Any measures that would shut down timber harvesting must only be considered if there is conclusive science that these measures are critical to sustaining northern long-eared bat populations; and

Whereas, The Michigan Department of Natural Resources, in partnership with natural resource departments in Indiana, Minnesota, and Wisconsin, has requested that the FWS delay its listing decision until such time when local studies are completed and data are recorded. This delay would allow more time to partner with these agencies and the forest products industry to evaluate the threat to northern long-eared bats and develop the best solutions to the problem; now, therefore, be it

Resolved by the Senate, That we oppose the current proposal to designate the northern long-eared bat as a threatened or endangered species; and be it further

Resolved, That copies of this resolution be transmitted to the director of the U.S. Fish and Wildlife Service and the members of the Michigan congressional delegation.

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

Senator Meekhof moved that the rule be suspended.

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

The resolution was adopted.

Senators Green, Marleau, Meekhof, Pappageorge and Jansen were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Casperson’s statement is as follows:

I rise today in support of this resolution. I guess I want to rise to give a little bit of a history lesson and why some of us may be concerned about what we see coming right now concerning a particular bat that we’ve been told may end up on an endangered species list. At one time, the endangered species used to be something that I thought was good and noble. Unfortunately, in the past, we’ve found it to be something that can be used as a tool or a weapon to get to a certain ideology where some people like to go.

What do I mean by that? We look back in history, and there was a certain animal on the West Coast that was considered endangered. We were told that it could not survive in second-growth timber, and therefore, we had to stop all harvesting of timber out on the West Coast and in some isolated areas. The spotted owl was successful in that endeavor. We shut down small communities. We drove people out of their businesses—fourth and fifth generations were shut down.

I got to meet an incredible person who came from the West Coast. I met her at a conference out in Syracuse, New York. She talked about what had been done to her and her family—fourth-generation logging—and they literally took their life away from them over the spotted owl. When she told us what she thought was going to be the effects of that move, she talked about massive forest fires out on the West Coast, and she said you won’t see them immediately, but you will see them in your lifetime, because of mismanagement of the forest and what’s been happening, all done in the name of an endangered species called the spotted owl.

What’s become of that? Well, we found out that the spotted owl did not just have a way of life or could survive in second-growth timber, but we found out that they thrived in second-growth timber. So, apparently, there wasn’t enough research done on the spotted owl, or somebody used the spotted owl to achieve something they wanted beyond just an endangered species, and that was to shut down a logging industry, which they accomplished.

I submit to my colleagues today: Michigan is very concerned about the same thing happening to the Great Lakes states over a bat. If we don’t stand up and ask for sound science on something like this; if we don’t stand up and say enough is enough; we have to make sure we consider people’s way of life, along with making sure we protect species. We have a total imbalance, and we could have the same effect as what happened out West.

I rise today and ask for your support on this. By the way, the industry that I come from, the timber industry, has been very active in this and actually has presented some great ideas concerning ways this can be approved. Those who are talking about putting this on the endangered species list have not even taken the time to talk to the industry. That’s the problem we have. We have one side deciding these issues. We need to open this up broader for the community to weigh in on this.

I ask for your support. This could be one of the biggest issues we face, not just because of the timber industry, but because of our way of life and how we enjoy the great outdoors and things we do. One of these bats could affect your backyard or even your home. So this is not something that just the timber industry should be concerned about; we all should be.

Senator Meekhof moved that rule 3.204 be suspended to permit immediate consideration of the following concurrent resolution:

Senate Concurrent Resolution No. 22

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

Senator Casperson offered the following concurrent resolution:

Senate Concurrent Resolution No. 22.

A concurrent resolution to oppose the current proposal to designate the northern long-eared bat as a threatened or endangered species.

Resolved by the Senate (the House of Representatives concurring), That we oppose the current proposal to designate the northern long-eared bat as a threatened or endangered species; and be it further

Resolved, That copies of this resolution be transmitted to the director of the U.S. Fish and Wildlife Service and the members of the Michigan congressional delegation.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senators Brandenburg, Green, Marleau, Meekhof, Pappageorge and Jansen were named co‑sponsors of the concurrent resolution.

Protests

Senators Warren and Whitmer, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Resolution No. 179 and Senate Concurrent Resolution No. 22.

Senator Warren moved that the statement she made during the discussion of Senate Resolution No. 179 be printed as her reasons for voting “no.”

The motion prevailed.

Senator Warren’s statement, in which Senator Whitmer concurred, is as follows:

I rise in opposition to these two resolutions that we just heard the sponsor speak to. The near-disappearance of the American bison and the disappearance completely of the passenger pigeon in the early 1900s first brought American attention to the fact that changes in growth patterns and consumption of land and species’ habitats being threatened really were becoming a challenge to some of the plant and animal life that we hold dear.

President Nixon declared the conservation efforts to be inadequate when he was serving as President and called on Congress to create the current Endangered Species Act that we live under at this time. The Endangered Species Act’s primary goal is to prevent the extinction of imperiled plants and animal life and, secondarily, to recover and maintain those populations by removing or lessening threats to their survival. Jointly administered by the Fish and Wildlife Service and NOAA, the National Oceanic and Atmospheric Administration, they take very seriously the science that the sponsor called on us to consider.

For a species to be listed as threatened or endangered, they must meet one of the five following important criteria: There is a present threatened destruction, modification, or curtailment of its habitat or range; there is an overutilization or commercial, recreational, scientific, or educational purpose; the species is declining due to disease or predators; there is an inadequacy of an existing regulatory mechanism; or there are other natural or man-made factors affecting its continued existence.

This act is based on science. It takes into consideration a lot of important factors, and I think we as a state legislature should trust that they’re making good decisions. I ask my colleagues to oppose these two resolutions today.

Senator Hansen offered the following concurrent resolution:

Senate Concurrent Resolution No. 21.

A concurrent resolution to urge the Congress of the United States to enact legislation that will extend the MotorCities National Heritage Area Partnership in Michigan.

Whereas, Michigan’s MotorCities National Heritage Area is one of only 49 federally-designated heritage areas in the country. This special heritage area was created by Congress in 1998 to preserve, interpret, and promote the cultural and historic landscape associated with the automobile in Southeast and Central Michigan. The heritage area encompasses a region of more than 10,000 miles, covering a population of more than 6 million people. The MotorCities National Heritage Area is the largest concentration of auto-related sites in the world; and

Whereas, The MotorCities National Heritage Area Partnership is affiliated with the National Park Service and has partnered with many organizations to create projects that tell the rich story of the people, places, and innovations that helped define Michigan’s industrial importance. Projects and initiatives have been created within the heritage area to showcase our nation’s industrial strength and its importance in defending our freedom and democracy in two world wars. The preservation and restoration of landmarks such as the Ford Model T Complex and R.E. Olds structures and exhibits in Flint and Lansing are examples of efforts made possible by the MotorCities National Heritage Area Partnership; and

Whereas, Federal grants and assistance for the MotorCities National Heritage Area Partnership will expire on September 30, 2014. S. 2221 and H.R. 4421 would extend the sunset date to September 30, 2030. Extending the sunset will provide continued support for Michigan’s tourism industry and projects that will bring millions of visitors to Michigan each year; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the Congress of the United States to enact legislation that will extend the MotorCities National Heritage Area Partnership in Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the managing director of the MotorCities National Heritage Area, and the Governor of the state of Michigan.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution was adopted.

Senators Anderson, Bieda, Brandenburg, Green, Kowall, Marleau, Meekhof, Pappageorge, Richardville and Jansen were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator Schuitmaker introduced

Senate Bill No. 1049, entitled

A bill to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances.

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

Senators Bieda and Jones introduced

Senate Bill No. 1050, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212.

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

Senators Bieda, Brandenburg, Jansen, Ananich, Hunter and Johnson introduced

Senate Bill No. 1051, 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 bill was read a first and second time by title and referred to the Committee on Finance.

Senators Warren, Ananich, Gregory, Young, Caswell, Nofs, Johnson, Whitmer and Bieda introduced

Senate Bill No. 1052, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748 (MCL 330.1748), as amended by 1998 PA 497.

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

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

Senate Bill No. 1053, entitled

A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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

Senator Casperson introduced

Senate Bill No. 1054, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1k of chapter IX (MCL 769.1k), as amended by 2006 PA 655.

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

Senator Casperson introduced

Senate Bill No. 1055, entitled

A bill to amend 1937 PA 153, entitled “An act relative to printing for this state; to establish the requirements of responsible bidders; to provide exemptions from this act; to prescribe penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act,” by amending section 1 (MCL 24.61).

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

Senator Nofs introduced

Senate Bill No. 1056, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 2120a.

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

House Bill No. 4783, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 5 (MCL 125.2955), as amended by 2013 PA 238.

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 Economic Development.

Statements

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

The motion prevailed.

Senator Bieda’s statement is as follows:

I have a memorial statement for a former member of this body who passed away recently. George C. Steeh, Sr., was a retired 41-B District Court judge, and he died on August 28 at the age of 94. He was born on December 20, 1919, in Mt. Clemens, the son of Lebanese immigrants, Caram and Dora Steeh. He graduated as president of his senior class at Mt. Clemens High School in 1937; attended the University of Michigan from 1937 to 1942; and immediately after graduation, he enlisted in the United States Navy, serving aboard the destroyer USS Irwin in the Pacific theater. Following his discharge from the military, he enrolled in the University of Michigan Law School. Upon his graduation in 1949, he returned to Mt. Clemens and joined the law firm of Neale and Hirt, later Neale, Steeh and Hader, and devoted the rest of his life and career to serving the people of his community.

In 1954, he was elected to the Michigan House of Representatives and served for one term. Then he was elected to the Michigan State Senate, representing the 11th District from 1957 to 1962. In 1980, he was appointed judge of the 41-B District Court. In ten years on the bench, he earned the reputation of being genuinely understanding, compassionate, fair, and humble in carrying out his duties. Countless attorneys credit Judge Steeh as a mentor who introduced them to the high expectations of civility in the practice of law.

He and his wife Barbara, to whom he was married from 1941 until her death in 1971, had five children, Judith, George III, Richard, Edward, and Robert. In 1973, he married Jane, who passed away in 2011. He is also survived by his three stepchildren, Carol Miller, Jacob, and Fred. George thoroughly enjoyed his large family and was known to laugh about the days when he had five of his eight children in college at the same time. In later years, he took immense pleasure from his 14 grandchildren and 14 great-grandchildren.

I know that the Governor has ordered that the flags will be flown at half-staff over the Capitol this Friday, September 12, in honor of George Steeh, former member of the Michigan Senate and Michigan House of Representatives. I know that this body will also be doing its official tribute. As somebody who has known the Steeh family for awhile, I though it appropriate to bring this statement to the floor. He really had quite the remarkable life, considering that he served in this body probably longer than most of the people in this body have been around, but he had a reputation in our community of being a very gentle and a very civil person. I think that he set a standard that I try to maintain in my elected life as well. I think that it’s a good model for aspiring attorneys and aspiring elected officials.

A moment of silence was observed in memory of George C. Steeh, Sr., former District Court judge and former member of the Senate and House of Representatives.

Senator Meekhof’s statement is as follows:

Many of us are remembering that it is September 11 and as commented upon by the good Senator from the 7th District, many of us remember where we were 13 years ago. Many of us have honored service members who lost their lives in the conflicts after that in the Middle East. I would just ask that this body never forget and that we have a moment of silence for all those whom we’ve honored previously, but also in honor of this day that we have a moment of silence in the Senate as well.

A moment of silence was observed in memory of the events of September 11, 2001, and the lives lost that day.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 863, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter III, section 6b of chapter V, and section 22 of chapter VIII (MCL 763.1, 765.6b, and 768.22), section 6b of chapter V as amended by 2013 PA 54.

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 and Bieda

Nays: None

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. 1011, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106 (MCL 400.106), as amended by 2013 PA 107, and by adding section 106b.

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 and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 1021, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21527 (MCL 333.21527), as added by 1988 PA 3.

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, Rocca and Bieda

Nays: None

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

The Committee on Judiciary reported

House Bill No. 5385, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 625a, 625c, 625d, and 625g (MCL 257.320a, 257.625a, 257.625c, 257.625d, and 257.625g), section 320a as amended by 2012 PA 592, sections 625a and 625g as amended by 2013 PA 23, section 625c as amended by 2008 PA 463, and section 625d as amended by 1994 PA 211, and by adding section 43a.

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 and Bieda

Nays: None

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

The Committee on Judiciary reported

House Bill No. 5404, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20919 and 20965 (MCL 333.20919 and 333.20965), section 20919 as amended by 2006 PA 582 and section 20965 as amended by 2000 PA 375.

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, Rocca and Bieda

Nays: None

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

The Committee on Judiciary reported

House Bill No. 5405, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 7422 and 17744c.

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, Rocca and Bieda

Nays: None

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

The Committee on Judiciary reported

House Bill No. 5407, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 1106, 17745, 17751, 17754, and 17757 (MCL 333.1106, 333.17745, 333.17751, 333.17754, and 333.17757), section 1106 as amended by 2000 PA 58, sections 17745, 17751, and 17757 as amended by 2013 PA 186, and section 17754 as amended by 2013 PA 268, and by adding sections 7421 and 17744b.

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 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, September 9, 2014, at 2:30 p.m., Room 110, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Wednesday, September 10, 2014, at 2:00 p.m., Room 110, Farnum Building

Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons and Hansen

Excused: Senators Smith and Ananich

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, September 10, 2014, at 2:03 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood, Hopgood and Johnson

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, September 10, 2014, at 4:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources, Environment and Great Lakes submitted the following:

Meeting held on Thursday, September 11, 2014, at 8:30 a.m., Room 210, Farnum Building

Present: Senators Casperson (C), Green, Kowall, Meekhof, Warren and Hood

Excused: Senator Pavlov

Scheduled Meetings

Appropriations -

Subcommittee -

K-12, School Aid, Education and Retirement - Thursday, September 18, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Energy and Technology - Tuesday, September 16, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑5307)

Finance - Wednesday, September 17, 12:30 p.m., Room 210, Farnum Building (373-5307)

Judiciary - Tuesday, September 16, 2:30 p.m., Room 110, Farnum Building (373-5323)

Legislative Council - Wednesday, September 17, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Senate Fiscal Agency Board of Governors - Thursday, September 18, 9:00 a.m., Room S-324, Capitol Building (373‑2768)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 10:36 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, September 16, 2014, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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