No. 49

STATE OF MICHIGAN

Journal of the Senate

98th Legislature

REGULAR SESSION OF 2015

Senate Chamber, Lansing, Thursday, May 21, 2015.

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 Hopgood—present Pavlov—present

Bieda—present Horn—present Proos—present

Booher—present Hune—present Robertson—present

Brandenburg—excused 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—excused

Gregory—present MacGregor—present Stamas—present

Hansen—present Marleau—present Warren—present

Hertel—present Meekhof—present Young—excused

Hildenbrand—present Nofs—present Zorn—present

Hood—present O’Brien—present

Pastor Wayne Kurtycz of NorthRidge Church of Plymouth offered the following invocation:

Dear Heavenly Father, we thank You for this moment of time we pause to remember what it takes to have freedom. We just want to thank You for the representation in this room and our great state of Michigan. We thank You for each Senator, each staff member, and each person leading here. Lord, we take this moment in time to remember the ultimate sacrifice for us to live as free people. So today we pay tribute to the patriots who never came back, who fought for a home which they never returned to, and died for a country whose gratitude they will always have.

Lord, Your Scripture teaches us that greater love has no one than this; that one would lay down their life for their friends. As we gather for this special session, for our nation, we remember this Memorial Day weekend that we never forget those who’ve lost not only what they fought for, but who they were—proud Americans. As our President said, too often our brave men and women made this ultimate sacrifice far too young, guided by deep and abiding love for their families, for each other, and for this country.

Lord, our debt to them is indeed one we can never fully repay, but with Your divine guidance, we can honor their sacrifice and strive to be a nation equal to their example. So, Lord, we meet our obligations to families of the fallen. May we uphold our sacred trust with our veterans, our service members, and our loved ones represented here today.

Lord, may we honor those who have lost by living up to the ideals they died for in defending. It is this body of leaders who know the charge is to preserve liberty, advance justice, and sow the seeds of peace with courage and devotion worthy of the heroes we remember today.

In this, may we be reminded here to rededicate ourselves to those unending tasks and prove once more that America’s best days are still ahead. As we remember the brave departed, we ask, Lord, that You hold our service men and women in Your strong arms who do this today. Cover them with Your sheltering grace and with Your presence as they stand and look out for our protection.

We remember the families of our troops. We ask for Your unique blessing to fill their homes. We pray that peace, provision, and strength will fill their lives. It is my prayer that these brave sons and daughters will return safely home to their families and to this land of the free.

May the members of our armed forces be supplied with courage for the facings they have each day and trust Your almighty power to accomplish these tasks. Let our military brothers and sisters feel our love and support today.

May You continue to bless our home, the great state of Michigan, and these United States of America. Amen.

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

Senator Hood moved that Senators Young and Smith be excused from today’s session.

The motion prevailed.

Senator Kowall moved that rule 3.902 be suspended to allow the guests of the Senate admittance to the Senate floor, including the center aisle.

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

Senator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor.

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

Recess

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

The motion prevailed, the time being 10:05 a.m.

10:45 a.m.

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

During the recess, Senator Colbeck presented the 21st Annual Memorial Day Ceremony “Lest We Forget” in honor of the military personnel who served during wartime. The ceremony was accompanied by the Bay County Veterans Council Color Guard, Kalamazoo Pipe Band, and Veteran Post Commanders.

Senator Stamas led the members of the Senate and guests in recital of the Pledge of Allegiance.

Senator Colbeck introduced Deborah Drick, former Senate employee and Blue Star Mother, who sang the “National Anthem.”

Senators Gregory and Colbeck acknowledged members of the Michigan Department of Military and Veterans Affairs, Gold Star family members, and individuals currently and formerly serving in the armed forces.

Senator Colbeck introduced keynote speaker, Michigan Army National Guard Sergeant David Denhardt.

Senator Knezek conducted a roll call of the Michigan fallen soldier since the 2014 Memorial Day Ceremony, and Senator Green acknowledged him with a memorial flag.

Sergeant First Class Andrew Schwallier, Michigan Army National Guard, played “Taps.”

The Kalamazoo Pipe Band played “Amazing Grace.”

During the recess, Senator Johnson entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Statements

Moments of silence were observed in memory of the POW/MIA members from Michigan and those who have lost their lives in training exercises in preparation for the defense of our country.

Recess

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

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

11:22 a.m.

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

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 115, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Reps. Jenkins, Victory and Hoadley as conferees to join with Sens. Green, Stamas and Hopgood.

The bill was referred to the Conference Committee.

Senate Bill No. 118, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Reps. VerHeulen, Bizon and Dillon as conferees to join with Sens. Marleau, Shirkey and Hertel.

The bill was referred to the Conference Committee.

Senate Bill No. 119, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Reps. Pagel, Afendoulis and Irwin as conferees to join with Sens. Proos, Knollenberg and Gregory.

The bill was referred to the Conference Committee.

Senate Bill No. 122, entitled

A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

The House of Representatives has appointed Reps. Cox, Poleski and Durhal as conferees to join with Sens. Stamas, Nofs and Young.

The bill was referred to the Conference Committee.

Senate Bill No. 124, entitled

A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Reps. Poleski, McCready and Banks as conferees to join with Sens. MacGregor, Proos and Gregory.

The bill was referred to the Conference Committee.

Senate Bill No. 125, entitled

A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Reps. Afendoulis, McCready and Santana as conferees to join with Sens. Knollenberg, Marleau and Young.

The bill was referred to the Conference Committee.

Senate Bill No. 128, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Reps. Inman, Gamrat and Yanez as conferees to join with Sens. Nofs, Colbeck and Knezek.

The bill was referred to the Conference Committee.

Senate Bill No. 131, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Reps. Aaron Miller, Jenkins and Irwin as conferees to join with Sens. Nofs, Colbeck and Knezek.

The bill was referred to the Conference Committee.

Senate Bill No. 132, entitled

A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Reps. Canfield, Victory and Banks as conferees to join with Sens. Hansen, Knollenberg and Young.

The bill was referred to the Conference Committee.

House Bill No. 4089, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137.

The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Kelly, Potvin and Zemke as conferees.

The message was referred to the Secretary for record.

House Bill No. 4091, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Bumstead, Inman and Sarah Roberts as conferees.

The message was referred to the Secretary for record.

House Bill No. 4093, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Victory, Aaron Miller and Sarah Roberts as conferees.

The message was referred to the Secretary for record.

House Bill No. 4097, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Potvin, Kelly and Pagan as conferees.

The message was referred to the Secretary for record.

House Bill No. 4103, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196.

The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. McCready, Muxlow and Singh as conferees.

The message was referred to the Secretary for record.

House Bill No. 4105, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. VerHeulen, Cox and Hoadley as conferees.

The message was referred to the Secretary for record.

House Bill No. 4106, entitled

A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations.

The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Afendoulis, McCready and Santana as conferees.

The message was referred to the Secretary for record.

House Bill No. 4113, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196.

The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Muxlow, Bizon and Yanez as conferees.

The message was referred to the Secretary for record.

Senate Bill No. 86, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

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

The motion prevailed.

Senate Bill No. 221, entitled

A bill to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; to provide penalties; and to repeal acts and parts of acts.

The House of Representatives has passed the bill and ordered that the bill be given immediate effect.

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

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

The motion prevailed.

By unanimous consent the Senate returned to the order of

Motions and Communications

The following communications were received and read:

Office of the Senate Majority Leader

May 20, 2015

Pursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4089, the Senate appoints the following members to the conference committee:

Senator Goeff Hansen

Senator Phil Pavlov

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 20, 2015

Pursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4091, the Senate appoints the following members to the conference committee:

Senator Mike Green

Senator Darwin Booher

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 20, 2015

Pursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4093, the Senate appoints the following members to the conference committee:

Senator Mike Green

Senator Peter MacGregor

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 20, 2015

Pursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4097, the Senate appoints the following members to the conference committee:

Senator Goeff Hansen

Senator Phil Pavlov

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 20, 2015

Pursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4103, the Senate appoints the following members to the conference committee:

Senator Tonya Schuitmaker

Senator Peter MacGregor

Senator Curtis Hertel, Jr.

Thank you for your prompt consideration of this matter.

May 20, 2015

Pursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4105, the Senate appoints the following members to the conference committee:

Senator John Proos

Senator Tonya Schuitmaker

Senator Coleman Young II

Thank you for your prompt consideration of this matter.

May 20, 2015

Pursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4113, the Senate appoints the following members to the conference committee:

Senator Darwin Booher

Senator Tonya Schuitmaker

Senator David Knezek

Thank you for your prompt consideration of this matter.

May 21, 2015

Pursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4106, the Senate appoints the following members to the conference committee:

Senator Mary Knollenberg

Senator Jim Marleau

Senator Coleman Young II

Thank you for your prompt consideration of this matter

Respectfully yours,

Arlan B. Meekhof

Senate Majority Leader

30th Senate District

The communications were referred to the Secretary for record.

The following communication was received and read:

Office of the Auditor General

May 19, 2015

Enclosed is a copy of the following audit report:

Performance audit on the Adult Foster Care and Homes for the Aged Licensing Division, Michigan Department of Health and Human Services.

Sincerely,

Doug Ringer

Auditor General

The audit report was referred to the Committee on Government Operations.

The following communication was received:

Office of the Senate Majority Leader

May 20, 2015

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Finance Committee hold a hearing on the appointment of Naif Khouri as the State Treasurer, and make written recommendations to the Government Operations Committee on this appointment.

Sincerely,

Arlan Meekhof, Chairman

Government Operations Committee

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, May 20:

House Bill Nos. 4052 4070 4212 4215 4553 4554 4555 4556 4557 4558

The Secretary announced that the following bills were printed and filed on Wednesday, May 20, and are available at the Michigan Legislature website:

Senate Bill Nos. 338 339 340 341 342

House Bill Nos. 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Young introduced

Senate Bill No. 346, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107 (MCL 500.3107), as amended by 2012 PA 542.

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

Senator Young introduced

Senate Bill No. 347, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2021, 2105, 2106, 2108, 2109, 2110, 2111, 2114, 2118, 2120, 2127, 2236, 2400, 2406, 2430, 2436, 2438, 2458, 2462, 2472, 2600, 2606, 2608, 2616, 2628, 2630, 2636, 2652, 2654, 2664, 2930, 3020, 3321, and 3340 (MCL 500.2021, 500.2105, 500.2106, 500.2108, 500.2109, 500.2110, 500.2111, 500.2114, 500.2118, 500.2120, 500.2127, 500.2236, 500.2400, 500.2406, 500.2430, 500.2436, 500.2438, 500.2458, 500.2462, 500.2472, 500.2600, 500.2606, 500.2608, 500.2616, 500.2628, 500.2630, 500.2636, 500.2652, 500.2654, 500.2664, 500.2930, 500.3020, 500.3321, and 500.3340), section 2021 as added and section 2436 as amended by 1982 PA 7, section 2111 as amended by 2012 PA 441, sections 2118 and 2120 as amended by 2007 PA 35, section 2236 as amended by 2014 PA 140, section 2400 as amended by 1982 PA 8, section 2406 as amended by 1993 PA 200, section 2458 as amended by 1988 PA 262, section 2930 as amended by 2002 PA 492, section 3020 as amended by 2006 PA 106, and section 3340 as amended by 1986 PA 10, and by adding sections 2026a, 2094, 2103a, 2106a, 2107a, 2109a, 2109b, 2111c, 2128, 2128a, 2128b, 2128c, 2128d, 2128e, 2128f, and 3105a; and to repeal acts and parts of acts.

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

Senator Ananich introduced

Senate Bill No. 348, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11518 (MCL 324.11518).

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

Senators Stamas, Brandenburg, Gregory, Marleau and Booher introduced

Senate Bill No. 349, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b and 78c (MCL 211.78b and 211.78c), as amended by 2003 PA 263.

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

Senators Hopgood and Gregory introduced

Senate Bill No. 350, entitled

A bill to amend 1974 PA 57, entitled “An act relating to the sport of racing and carrier pigeons; authorizing the flying of such pigeons; and providing for regulation thereof by cities, villages, townships, and counties,” by amending section 2 (MCL 433.352).

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

Senators Jones, Brandenburg, Hertel, Nofs, Marleau and Horn introduced

Senate Bill No. 351, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 914.

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

Senator O’Brien introduced

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

Senator O’Brien introduced

Senate Bill No. 353, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3406s (MCL 500.3406s), as added by 2012 PA 100.

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

House Bill No. 4052, entitled

A bill to limit the powers of local governmental bodies regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers.