No. 58
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2013
Senate Chamber, Lansing, Tuesday, June 18, 2013.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.
The roll was called by the Assistant Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present Pappageorge—present
Anderson—present Hopgood—present Pavlov—present
Bieda—present Hune—present Proos—present
Booher—present Hunter—present Richardville—present
Brandenburg—present Jansen—present Robertson—present
Casperson—present Johnson—present Rocca—present
Caswell—present Jones—present Schuitmaker—present
Colbeck—present Kahn—present Smith—present
Emmons—present Kowall—present Walker—present
Green—present Marleau—present Warren—present
Gregory—present Meekhof—present Whitmer—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Senator Patrick J. Colbeck of the 7th District offered the following invocation:
Dear God, today we have many serious issues before this body. We ask that You empty each and every one of us to become a vessel for Your wisdom and for Your guidance. Help us to see Your truth about the path that lies ahead. Please give us the strength to pursue that route, God, for You gave us a spirit not of fear, not of timidity, but of strength and power and love and kindness. Help us as we debate the issues of the day today, God. Please help us to do so in that spirit, God. Help us to see others as You see them, God. Help us to see ourselves as You see us. Please bless us with the wisdom that we need to proceed throughout the day.
Lord, we ask this in Your most holy name. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Hood entered the Senate Chamber.
Senator Hunter moved that Senator Johnson be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 13:
House Bill Nos. 4344 4478 4529 4530 4605 4691 4714 4731 4752 4754 4756 4765 4766 4815
The Secretary announced that the following House bill was received in the Senate and filed on Friday, June 14:
House Bill No. 4813
The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, June 13, and are available at the Michigan Legislature website:
Senate Bill Nos. 424 425 426 427 428
House Bill Nos. 4821 4822 4823 4824 4825 4826 4827 4828 4829
House Joint Resolution U
The Secretary announced that the following bills were printed and filed on Friday, June 14, and are available at the Michigan Legislature website:
Senate Bill Nos. 429 430 431 432
House Bill Nos. 4830 4831 4832 4833 4834 4835 4836 4837 4838 4839 4840 4841 4842 4843
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04 a.m.
11:34 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senator Johnson entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senate Bill No. 264, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 3109c, 30105, and 32512a (MCL 324.1301, 324.3109c, 324.30105, and 324.32512a), section 1301 as amended by 2012 PA 249, section 3109c as added by 2006 PA 97, section 30105 as amended by 2009 PA 120, and section 32512a as amended by 2012 PA 247, and by adding sections 30106b and 32515a.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1301 and 3109c (MCL 324.1301 and 324.3109c), section 1301 as amended by 2012 PA 249 and section 3109c as added by 2006 PA 97, and by adding sections 30106b and 32515a.
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 concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 275 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 284, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.11) by adding section 9t.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) 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 concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 276 Yeas—34
Ananich Hansen Kowall Richardville
Anderson Hildenbrand Marleau Robertson
Bieda Hood Meekhof Schuitmaker
Booher Hopgood Moolenaar Smith
Casperson Hunter Nofs Walker
Caswell Jansen Pappageorge Warren
Colbeck Johnson Pavlov Whitmer
Emmons Jones Proos Young
Gregory Kahn
Nays—4
Brandenburg Green Hune Rocca
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 4664
House Bill No. 4665
House Bill No. 4666
House Bill No. 4669
House Bill No. 4670
House Bill No. 4671
House Bill No. 4708
The motion prevailed.
The following bill was read a third time:
House Bill No. 4664, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2012 PA 432.
The question being on the passage of the bill,
The bill was defeated, a majority of the members serving not voting therefor, as follows:
Roll Call No. 277 Yeas—17
Booher Jansen Meekhof Richardville
Colbeck Kahn Moolenaar Robertson
Green Kowall Pappageorge Schuitmaker
Hansen Marleau Proos Walker
Hildenbrand
Nays—21
Ananich Emmons Hunter Rocca
Anderson Gregory Johnson Smith
Bieda Hood Jones Warren
Brandenburg Hopgood Nofs Whitmer
Casperson Hune Pavlov Young
Caswell
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Meekhof moved to reconsider the vote by which the bill was defeated.
The question being on the motion to reconsider,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
The following bill was read a third time:
House Bill No. 4665, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11525a (MCL 324.11525a), as amended by 2011 PA 149.
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. 278 Yeas—20
Booher Green Kowall Pappageorge
Casperson Hansen Marleau Pavlov
Caswell Jansen Meekhof Proos
Colbeck Jones Moolenaar Richardville
Emmons Kahn Nofs Walker
Nays—18
Ananich Hildenbrand Johnson Smith
Anderson Hood Robertson Warren
Bieda Hopgood Rocca Whitmer
Brandenburg Hune Schuitmaker Young
Gregory Hunter
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4666, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11108, 11130, 11135, 11153, 12103, 12109, and 12112 (MCL 324.11108, 324.11130, 324.11135, 324.11153, 324.12103, 324.12109, and 324.12112), section 11108 as amended by 2011 PA 150, section 11130 as amended by 2001 PA 165, and sections 11135, 11153, 12103, 12109, and 12112 as amended by 2011 PA 90.
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. 279 Yeas—20
Bieda Emmons Kahn Nofs
Booher Green Kowall Pappageorge
Casperson Hansen Marleau Proos
Caswell Jansen Meekhof Richardville
Colbeck Jones Moolenaar Walker
Nays—18
Ananich Hood Pavlov Smith
Anderson Hopgood Robertson Warren
Brandenburg Hune Rocca Whitmer
Gregory Hunter Schuitmaker Young
Hildenbrand Johnson
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4669, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2012 PA 28.
The question being on the passage of the bill,
The bill was defeated, a majority of the members serving not voting therefor, as follows:
Roll Call No. 280 Yeas—16
Ananich Green Kowall Nofs
Booher Jansen Marleau Pappageorge
Casperson Jones Meekhof Richardville
Colbeck Kahn Moolenaar Walker
Nays—22
Anderson Hansen Johnson Schuitmaker
Bieda Hildenbrand Pavlov Smith
Brandenburg Hood Proos Warren
Caswell Hopgood Robertson Whitmer
Emmons Hune Rocca Young
Gregory Hunter
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Meekhof moved to reconsider the vote by which the bill was defeated.
The question being on the motion to reconsider,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
The following bill was read a third time:
House Bill No. 4670, entitled
A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 18 (MCL 30.418), as amended by 1990 PA 50.
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. 281 Yeas—27
Bieda Green Kowall Proos
Booher Hansen Marleau Richardville
Brandenburg Hildenbrand Meekhof Robertson
Casperson Hune Moolenaar Rocca
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn Pavlov
Nays—11
Ananich Hood Johnson Whitmer
Anderson Hopgood Smith Young
Gregory Hunter Warren
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
Recess
Senator Meekhof moved that the Senate recess until 1:00 p.m.
The motion prevailed, the time being 11:57 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:01 p.m.
1:30 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
The following bill was read a third time:
House Bill No. 4671, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2011 PA 146.
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. 282 Yeas—24
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Colbeck Jansen Moolenaar Robertson
Emmons Jones Nofs Schuitmaker
Green Kahn Pappageorge Walker
Nays—14
Ananich Gregory Johnson Warren
Anderson Hood Rocca Whitmer
Bieda Hopgood Smith Young
Caswell Hunter
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the establishment of emergency 9-1-1 districts; to provide for the installation, operation, modification, and maintenance of universal emergency 9-1-1 service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, service suppliers, and others; to create an emergency 9-1-1 service committee; to provide remedies and penalties; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4708, entitled
A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 5 (MCL 29.472 and 29.475).
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. 283 Yeas—21
Booher Hansen Marleau Pavlov
Casperson Jansen Meekhof Proos
Caswell Jones Moolenaar Richardville
Colbeck Kahn Nofs Robertson
Emmons Kowall Pappageorge Walker
Green
Nays—17
Ananich Hildenbrand Hunter Smith
Anderson Hood Johnson Warren
Bieda Hopgood Rocca Whitmer
Brandenburg Hune Schuitmaker Young
Gregory
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to regulate the transportation of certain hazardous materials; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to consideration of the following bill:
House Bill No. 4664, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2012 PA 432.
(This bill was defeated earlier today and the motion to reconsider the vote postponed. See p. 1187.)
The question being on the motion to reconsider the vote by which the bill was defeated,
The motion prevailed.
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. 284 Yeas—20
Booher Hildenbrand Marleau Proos
Brandenburg Hune Meekhof Richardville
Colbeck Jansen Moolenaar Robertson
Green Kahn Pappageorge Schuitmaker
Hansen Kowall Pavlov Walker
Nays—18
Ananich Emmons Johnson Smith
Anderson Gregory Jones Warren
Bieda Hood Nofs Whitmer
Casperson Hopgood Rocca Young
Caswell Hunter
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to consideration of the following bill:
House Bill No. 4669, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2012 PA 28.
(This bill was defeated earlier today and the motion to reconsider the vote postponed. See p. 1189.)
The question being on the motion to reconsider the vote by which the bill was defeated,
The motion prevailed.
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. 285 Yeas—20
Ananich Green Kahn Nofs
Booher Hansen Kowall Pappageorge
Casperson Hopgood Marleau Richardville
Colbeck Jansen Meekhof Robertson
Emmons Jones Moolenaar Walker
Nays—18
Anderson Hildenbrand Pavlov Smith
Bieda Hood Proos Warren
Brandenburg Hune Rocca Whitmer
Caswell Hunter Schuitmaker Young
Gregory Johnson
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4307, entitled
A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 12 (MCL 46.412), as amended by 1982 PA 504, and by adding section 13.
House Bill No. 4329, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 43 (MCL 338.2243), as amended by 2012 PA 308.
House Bill No. 4330, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2843 (MCL 333.2843), as amended by 2002 PA 691.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4303, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding section 1806a.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4574, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1806 (MCL 339.1806), as amended by 1988 PA 463.
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.
Resolutions
Senator Meekhof moved that consideration of the following resolution be postponed for today:
Senate Resolution No. 34
The motion prevailed.
Senators Bieda, Rocca, Johnson, Kowall and Anderson offered the following resolution:
Senate Resolution No. 73.
A resolution to memorialize the President and the United States Congress to support the Republic of Poland and their admittance to the Visa Waiver Program.
Whereas, Throughout history, Poland has played an essential role in the settlement and protection of the United States in its pursuit of freedom; and
Whereas, With over 10 million Polish Americans living within the United States, it is of the utmost importance that Poland be admitted to the Visa Waiver Program; and
Whereas, In recent years, many Polish soldiers have given their lives in Afghanistan and Iraq in pursuance of a more free world; and
Whereas, Today, with the Polish economy thriving, not only will admittance to the Visa Waiver Program be beneficial to Poland and its citizens, but it will also benefit the United States by bringing more capital and jobs to the economy; and
Whereas, While Poland’s visa denial rate hovers outside of the 3 percent threshold, this rate has been criticized by organizations such as the Heritage Foundation and the Governmental Accountability Office as ineffective and inaccurate; and
Whereas, With the admission to the Visa Waiver Program, the outcome of the admittance will benefit both the United States and the Republic of Poland; now, therefore, be it
Resolved by the Senate, That we memorialize the President and the United States Congress to support the Republic of Poland and their admittance to the Visa Waiver Program; and be it further
Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, the U.S. Secretary of State, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Polish American Leadership Political Action Committee.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
Senators Proos and Brandenburg were named co‑sponsors of the resolution.
Senators Proos, Marleau, Brandenburg, Hansen, Booher and Robertson offered the following resolution:
Senate Resolution No. 74.
A resolution to encourage Michigan K-12 schools to comply with the state fire prevention code which requires at least two lockdown drills per year.
Whereas, School safety is of utmost importance in Michigan communities, especially in light of recent disturbing and violent events on school grounds around the country. Michigan has taken steps in recent years to protect students and staff in our schools. Legislation passed in 2006 requires a minimum of two lockdown drills per year for all schools that teach any grade, kindergarten through 12; and
Whereas, Since 1996, 53 out of 59 mass shootings in the United States have occurred on school grounds. The attacks killed 215 people and injured another 241. These events have raised the level of attention to issues of safety in our school buildings and those who occupy them. Preparedness is the key to saving lives; and
Whereas, School boards and administrators should continuously review new lockdown and school safety technology in order to revise their own policies as needed. Input from local emergency management coordinators and first responders will build upon current plans and strengthen the ability to protect against any encountered threat, whether natural or manmade; now, therefore, be it
Resolved by the Senate, That we encourage Michigan K-12 schools to comply with the state fire prevention code which requires at least two lockdown drills per year; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Association of School Boards and the Michigan Association of School Administrators.
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 Education.
The motion prevailed.
Senators Bieda and Kowall were named co‑sponsors of the resolution.
Senate Resolution No. 37.
A resolution to urge the Internal Revenue Service to adopt a formula for determining full-time employment that assumes that adjunct faculty work one hour outside the classroom for each hour that they teach for the purposes of the Patient Protection and Affordable Care Act.
The question being on the adoption of the resolution,
The resolution was adopted.
Senators Booher, Hansen, Proos, Jansen and Green were named co‑sponsors of the resolution.
Introduction and Referral of Bills
Senators Kahn, Proos, Marleau and Pappageorge introduced
Senate Bill No. 433, entitled
A bill to amend 1911 PA 209, entitled “An act to adopt and prescribe the design of a state coat-of-arms and state flag, and their use; to prohibit the use of the same for advertising purposes; to prescribe standards for the manufacture, sale, and display of certain flags of the United States and the state flag; and to prescribe the powers and duties of certain state agencies and officials,” by amending the title and section 2a (MCL 2.22a), the title as amended and section 2a as added by 2012 PA 167.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
Senators Jones, Schuitmaker, Proos, Robertson and Anderson introduced
Senate Bill No. 434, entitled
A bill to amend 2003 PA 215, entitled “Credit union act,” (MCL 490.101 to 490.601) by adding section 413.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senators Jones, Schuitmaker, Proos, Robertson and Anderson introduced
Senate Bill No. 435, entitled
A bill to amend 1996 PA 354, entitled “Savings bank act,” (MCL 487.3101 to 487.3804) by adding section 436.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senators Jones, Schuitmaker, Proos, Robertson and Anderson introduced
Senate Bill No. 436, entitled
A bill to amend 1999 PA 276, entitled “Banking code of 1999,” (MCL 487.11101 to 487.15105) by adding section 4110.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senator Nofs introduced
Senate Bill No. 437, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending sections 5, 7, and 9 (MCL 124.505, 124.507, and 124.509), section 5 as amended by 2011 PA 263 and section 7 as amended by 2002 PA 445.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
Senators Proos, Brandenburg, Pappageorge, Booher and Robertson introduced
Senate Bill No. 438, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 19 (MCL 388.1619), as amended by 2012 PA 201.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No. 4344, entitled
A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending section 2 (MCL 28.602), as amended by 2004 PA 379.
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 Judiciary.
House Bill No. 4478, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 500 and 501 (MCL 168.500 and 168.501), section 501 as amended by 2005 PA 71, and by adding sections 19 and 755a.
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.
House Bill No. 4529, entitled
A bill to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4530, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter XV (MCL 775.16), as amended by 1980 PA 506.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4605, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20950 (MCL 333.20950), as amended by 2006 PA 568.
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 Veterans, Military Affairs and Homeland Security.
House Bill No. 4691, entitled
A bill to amend 1966 PA 225, entitled “Carnival-amusement safety act of 1966,” by amending the title and sections 6, 7, 10, 11, 13, 14, and 15 (MCL 408.656, 408.657, 408.660, 408.661, 408.663, 408.664, and 408.665), the title and sections 7 and 11 as amended by 1982 PA 35; and to repeal acts and parts of acts.
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 Regulatory Reform.
House Bill No. 4714, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 105, 105a, 106, 107, 108, and 109c (MCL 400.105, 400.105a, 400.106, 400.107, 400.108, and 400.109c), section 105 as amended by 1980 PA 321, section 105a as added by 1988 PA 438, sections 106 and 107 as amended by 2006 PA 144, and section 109c as amended by 1994 PA 302, and by adding sections 105c and 105d.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4731, entitled
A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2006 PA 213.
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 Veterans, Military Affairs and Homeland Security.
House Bill No. 4752, entitled
A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2 and 13d (MCL 408.752 and 408.763d), section 2 as amended and section 13d as added by 2008 PA 159.
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 Veterans, Military Affairs and Homeland Security.
House Bill No. 4754, entitled
A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 6 (MCL 338.976), as amended by 2010 PA 149.
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 Veterans, Military Affairs and Homeland Security.
House Bill No. 4756, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2404b (MCL 339.2404b), as added by 2007 PA 157.
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 Veterans, Military Affairs and Homeland Security.
House Bill No. 4765, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3205e (MCL 600.3205e), as amended by 2012 PA 521; and to repeal acts and parts of acts.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4766, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 3206.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4813, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 12 (MCL 380.12) and by adding section 12a.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4815, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 7, 11, 11g, 17a, 20, and 22a (MCL 388.1607, 388.1611, 388.1611g, 388.1617a, 388.1620, and 388.1622a), section 7 as amended by 1996 PA 300, section 11 as amended by 2012 PA 465, sections 11g, 20, and 22a as amended by 2012 PA 201, and section 17a as amended by 2012 PA 2, and by adding section 20g.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today:
House Bill No. 4765
House Bill No. 4766
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received and read:
Office of the Auditor General
June 12, 2013
Enclosed is a copy of the following audit report:
Report on Internal Control, Compliance, and Other Matters for the State of Michigan Comprehensive Annual Financial Report, State Budget Office, Department of Technology, Management, and Budget.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The audit report was referred to the Committee on Government Operations.
The following communication was received:
State Officers Compensation Commission
June 13, 2013
As statutorily designated Secretary to the State Officers Compensation Commission, I hereby submit the Commission’s 2013 report and determinations. The report was filed today with the Clerk of the House of Representatives, and the Director of the Department of Technology, Management and Budget, pursuant to law.
Copies of the report are also being provided to the Governor, Lieutenant Governor, Justices of the Supreme Court, members of the Legislature, Attorney General, and Secretary of State, in accordance with Act 357 of 1968 as amended.
Sincerely,
Janet McClelland
Acting State Personnel Director
The communication was referred to the Secretary for record.
Senator Colbeck stated that had he been present on Thursday, June 13, when the vote was taken on the passage of the following bill, he would have voted “yea”:
House Bill No. 4663
Messages from the Governor
The following messages from the Governor were received and read:
June 5, 2013
I respectfully submit to the Senate the following appointments to office:
Manufactured Housing Commission
William B. Lettinga of 9300 Sedona Ridge Court, Byron Center, Michigan 49315, county of Kent, representing operators of a licensed manufactured housing park, succeeding Mark Raukar, is appointed for a term expiring May 9, 2016.
Steven D. Karbal of 4987 Malibu Drive, Bloomfield Hills, Michigan 48302, county of Oakland, representing licensed mobile home dealers, succeeding Ronald Blank, is appointed for a term expiring May 9, 2016.
Jerome A. Ruggirello of 47800 Bellagio Road, Northville, Michigan 48167, county of Oakland, representing operators of a licensed manufactured housing park, succeeding himself, is reappointed for a term expiring May 9, 2016.
Phillip J. Copeland of 3410 Belford Road, Holly, Michigan 48442, county of Oakland, representing manufacturers of mobile homes, succeeding himself, is reappointed for a term expiring May 9, 2016.
Peter L. Hennard of 5350 Mills Drive, Prescott, Michigan 48756, county of Ogemaw, representing local elected officials, succeeding himself, is reappointed for a term expiring May 9, 2016.
June 5, 2013
I respectfully submit to the Senate the following appointments to office:
Michigan Unarmed Combat Commission
Hilmer J. Kenty of 17557 Fairfield Street, Detroit, Michigan 48221, county of Wayne, representing persons with experience in boxing, succeeding Douglas J. Maskin, is appointed for a term expiring June 5, 2017.
Jeff A. Styers of 47500 Pine Creek Court, Northville, Michigan 48168, county of Wayne, representing persons with experience in boxing, succeeding Charles McNinch, is appointed for a term expiring June 5, 2017.
Jason T. Hanselman of 12869 Warm Creek Drive, DeWitt, Michigan 48820, county of Clinton, representing the general public, succeeding Charles Zurawski, is appointed for a term expiring June 5, 2017.
June 13, 2013
I respectfully submit to the Senate the following appointment to office:
Huron-Clinton Metropolitan Authority Board of Commissioners
John C. Hertel of 28305 Thirty Mile Road, Lenox Township, Michigan 48050, county of Macomb, succeeding himself, is reappointed for a term expiring May 2, 2017.
June 14, 2013
I respectfully submit to the Senate the following appointment to office:
Michigan State Waterways Commission
Monique Polan of 8651 Newport Drive, White Lake, Michigan 48386, county of Oakland, succeeding Van Snider, is appointed for a term expiring September 18, 2013.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4765, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3205e (MCL 600.3205e), as amended by 2012 PA 521; and to repeal acts and parts of acts.
House Bill No. 4766, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 3206.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4284, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81131 and 81133 (MCL 324.81131 and 324.81133), section 81131 as amended by 2011 PA 107 and section 81133 as amended by 2012 PA 340.
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:
House Bill No. 4299, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81131 (MCL 324.81131), as amended by 2011 PA 107.
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.
Recess
Senator Meekhof moved that the Senate recess until 2:45 p.m.
The motion prevailed, the time being 2:06 p.m.
The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator Hansen.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:46 p.m.
4:33 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson.
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:
House Bill No. 4668, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43502, 43510, 43513, 43514, 43516, 43520, 43524, 43528, 43528a, 43528b, 43529, 43531, 43532, 43533, 43535, 43536, 43536a, 43537, 43541, 43544, 43547, 43553, 43554, and 43558 (MCL 324.43502, 324.43510, 324.43513, 324.43514, 324.43516, 324.43520, 324.43524, 324.43528, 324.43528a, 324.43528b, 324.43529, 324.43531, 324.43532, 324.43533, 324.43535, 324.43536, 324.43536a, 324.43537, 324.43541, 324.43544, 324.43547, 324.43553, 324.43554, and 324.43558), section 43502 as amended by 2006 PA 282, sections 43510, 43513, and 43516 as amended by 2006 PA 433, sections 43514 and 43554 as added by 1995 PA 57, sections 43520 and 43531 as amended by 2011 PA 120, section 43524 as amended by 2012 PA 81, section 43528 as amended by 2009 PA 70, section 43528a as added by 2010 PA 366, section 43528b as added by 2012 PA 520, sections 43529, 43535, 43536, 43541, 43544, 43547, and 43558 as amended by 1996 PA 585, sections 43532 and 43533 as amended by 2010 PA 29, section 43536a as amended by 2013 PA 21, section 43537 as amended by 2012 PA 339, and section 43553 as amended by 2006 PA 280, and by adding sections 43523a, 43523b, 43525b, 43527a, 43527b, 43531b, 43532a, and 43545; and to repeal acts and parts of acts.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 15, line 17, after “WATERFOWL.” by inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, NOT MORE THAN 0.25% OF THE MONEY UNDER THIS SUBDIVISION SHALL BE USED TO ACQUIRE LANDS. HOWEVER, IF ALL OF THE MONEY APPROPRIATED FROM THE NATURAL RESOURCES TRUST FUND FOR ECO-REGION ACQUISITION CARRIED OVER FROM PREVIOUS FISCAL YEARS IS SPENT, THEN THE 0.25% LIMITATION UNDER THIS SUBDIVISION DOES NOT APPLY. THE DEPARTMENT SHALL NOT ACQUIRE LAND UNDER THIS SUBDIVISION UNTIL THAT ACQUISITION IS APPROVED BY THE JOINT CAPITAL OUTLAY SUBCOMMITTEE.”.
2. Amend page 30, line 3, after “LICENSES.” by striking out the balance of the line through “WEEK.” on line 4 and inserting “A PERSON WHO IS AUTHORIZED TO ISSUE LICENSES FOR LESS THAN A FULL LICENSE YEAR SHALL PAY RENT OF $5.00 PER WEEK UNTIL THE PERSON HAS BEEN AUTHORIZED TO ISSUE LICENSES FOR A FULL LICENSE YEAR. ONCE A PERSON HAS BEEN AUTHORIZED TO ISSUE LICENSES FOR A FULL LICENSE YEAR, A PERSON SHALL PAY RENT OF $5.00 PER WEEK OR $2.50 PER WEEK IF THAT PERSON’S ANNUAL LICENSE SALES UNDER THIS PART ARE LESS THAN THE 5-YEAR AVERAGE LICENSE SALES AS OF THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION FOR PERSONS AUTHORIZED TO ISSUE LICENSES UNDER THIS PART. THE WEEKLY RENTAL FEE SHALL BE ASSESSED AND COLLECTED IN A FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.”.
3. Amend page 31, line 17, after “grounds.” by inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, NOT MORE THAN 0.25% OF THE MONEY CREDITED TO THE GAME AND FISH PROTECTION ACCOUNT SHALL BE USED TO PURCHASE LANDS UNDER THIS SUBDIVISION. HOWEVER, IF ALL OF THE MONEY APPROPRIATED FROM THE NATURAL RESOURCES TRUST FUND FOR ECO-REGION ACQUISITION CARRIED OVER FROM PREVIOUS FISCAL YEARS IS SPENT, THEN THE 0.25% LIMITATION UNDER THIS SUBDIVISION DOES NOT APPLY. LAND SHALL NOT BE PURCHASED UNDER THIS SUBDIVISION UNTIL THAT PURCHASE IS APPROVED BY THE JOINT CAPITAL OUTLAY SUBCOMMITTEE.”.
4. Amend page 33, line 12, after “MANAGEMENT.” by inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NOT MORE THAN 0.25% OF THE MONEY UNDER THIS SECTION SHALL BE USED TO ACQUIRE LANDS. HOWEVER, IF ALL OF THE MONEY APPROPRIATED FROM THE NATURAL RESOURCES TRUST FUND FOR ECO-REGION ACQUISITION CARRIED OVER FROM PREVIOUS FISCAL YEARS IS SPENT, THEN THE 0.25% LIMITATION UNDER THIS SECTION DOES NOT APPLY. LAND SHALL NOT BE ACQUIRED UNDER THIS SECTION UNTIL THAT ACQUISITION IS APPROVED BY THE JOINT CAPITAL OUTLAY SUBCOMMITTEE.”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 374, entitled
A bill to create the Michigan student safety act; to provide for confidential reports of dangerous or criminal activities; to establish a reporting hotline; and to prescribe the duties of certain state officials and departments.
Substitute (S-5).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:
House Bill No. 4668
Senate Bill No. 374
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 4668, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43502, 43510, 43513, 43514, 43516, 43520, 43524, 43528, 43528a, 43528b, 43529, 43531, 43532, 43533, 43535, 43536, 43536a, 43537, 43541, 43544, 43547, 43553, 43554, and 43558 (MCL 324.43502, 324.43510, 324.43513, 324.43514, 324.43516, 324.43520, 324.43524, 324.43528, 324.43528a, 324.43528b, 324.43529, 324.43531, 324.43532, 324.43533, 324.43535, 324.43536, 324.43536a, 324.43537, 324.43541, 324.43544, 324.43547, 324.43553, 324.43554, and 324.43558), section 43502 as amended by 2006 PA 282, sections 43510, 43513, and 43516 as amended by 2006 PA 433, sections 43514 and 43554 as added by 1995 PA 57, sections 43520 and 43531 as amended by 2011 PA 120, section 43524 as amended by 2012 PA 81, section 43528 as amended by 2009 PA 70, section 43528a as added by 2010 PA 366, section 43528b as added by 2012 PA 520, sections 43529, 43535, 43536, 43541, 43544, 43547, and 43558 as amended by 1996 PA 585, sections 43532 and 43533 as amended by 2010 PA 29, section 43536a as amended by 2013 PA 21, section 43537 as amended by 2012 PA 339, and section 43553 as amended by 2006 PA 280, and by adding sections 43523a, 43523b, 43525b, 43527a, 43527b, 43531b, 43532a, and 43545; and to repeal acts and parts of acts.
The question being on the passage of the bill,
The bill was defeated, a majority of the members serving not voting therefor, as follows:
Roll Call No. 286 Yeas—19
Ananich Colbeck Jones Nofs
Bieda Emmons Kahn Pappageorge
Booher Green Kowall Richardville
Casperson Hansen Marleau Walker
Caswell Jansen Meekhof
Nays—19
Anderson Hopgood Pavlov Smith
Brandenburg Hune Proos Warren
Gregory Hunter Robertson Whitmer
Hildenbrand Johnson Rocca Young
Hood Moolenaar Schuitmaker
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Meekhof moved to reconsider the vote by which the bill was defeated.
The question being on the motion to reconsider,
Senator Meekhof moved that further consideration of the bill be postponed for today.
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 374, entitled
A bill to create the student safety act; to provide for confidential reports of potential harm or criminal activities directed at school students, school employees, and schools; to establish a hotline for filing those reports; to create the student safety fund and to provide for contributions to and expenditures from that fund; to prescribe the powers and duties of certain state officials and departments; to provide for procedures for the release of certain confidential information; and to prescribe penalties.
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. 287 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.
Committee Reports
The Committee on Finance reported
Senate Bill No. 142, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2b (MCL 205.92b), as amended by 2008 PA 439.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 143, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1a (MCL 205.51a), as amended by 2008 PA 438.
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.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 367, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 603, 611, and 691 (MCL 206.603, 206.611, and 206.691), section 603 as amended by 2011 PA 173, section 611 as amended by 2011 PA 170, and section 691 as amended by 2012 PA 70.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 415, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4bb.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos and Robertson
Nays: Senators Bieda and Warren
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 416, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos and Robertson
Nays: Senators Bieda and Warren
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 4540, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending sections 6 and 7 (MCL 207.556 and 207.557), section 6 as amended by 1996 PA 323 and section 7 as amended by 2008 PA 457.
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.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Bieda and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 4541, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 6 (MCL 125.2786), as amended by 2011 PA 272.
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.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
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 Finance submitted the following:
Meeting held on Wednesday, June 12, 2013, at 12:30 p.m., Room 210, Farnum Building
Present: Senators Brandenburg (C), Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
The Committee on Agriculture reported
Senate Bill No. 315, entitled
A bill to amend 1970 PA 29, entitled “An act relating to potatoes; to create a potato commission; to prescribe its powers and duties and authority; to impose an assessment on the privilege of introducing potatoes into the channels of trade and commerce; to provide for the collection of the assessment; to provide for penalties; and to repeal certain acts and parts of acts,” by amending sections 1, 2, 3, 4, 8, and 9a (MCL 290.421, 290.422, 290.423, 290.424, 290.428, and 290.429a), sections 1 and 3 as amended by 1980 PA 304, section 2 as amended by 2005 PA 59, and sections 4 and 8 as amended and section 9a as added by 1996 PA 99.
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, Booher, Emmons, Hansen and Smith
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Agriculture reported
Senate Bill No. 332, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8501 and 8512b (MCL 324.8501 and 324.8512b), section 8501 as amended and section 8512b as added by 2010 PA 299.
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, Booher, Emmons, Hansen and Smith
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Agriculture reported
Senate Bill No. 351, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20101 (MCL 324.20101), as amended by 2012 PA 446.
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, Booher, Emmons and Hansen
Nays: Senator Smith
The bill was referred to the Committee of the Whole.
The Committee on Agriculture reported
Senate Bill No. 354, entitled
A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Joe Hune
Chairperson
To Report Out:
Yeas: Senators Hune, Booher, Emmons, Hansen and Smith
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Agriculture reported
House Bill No. 4732, entitled
A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a and 10 (MCL 125.1502a and 125.1510), section 2a as amended by 2012 PA 103 and section 10 as amended by 1999 PA 245.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Joe Hune
Chairperson
To Report Out:
Yeas: Senators Hune, Booher, Emmons, Hansen and Smith
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 Agriculture submitted the following:
Meeting held on Thursday, June 13, 2013, at 8:30 a.m., Room 110, Farnum Building
Present: Senators Hune (C), Booher, Emmons, Hansen and Smith
The Committee on Health Policy reported
Senate Bill No. 324, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 102, 249a, 1201, 1238, and 1242 (MCL 500.102, 500.249a, 500.1201, 500.1238, and 500.1242), section 102 as amended by 2000 PA 252, section 249a as added by 1992 PA 182, section 1201 as amended by 2012 PA 462, section 1238 as amended by 2012 PA 453, and section 1242 as amended by 2002 PA 32, and by adding sections 1229, 1230, 1231, 1231a, and 1231b.
With the recommendation that the substitute (S-4) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
James A. Marleau
Chairperson
To Report Out:
Yeas: Senators Marleau, Robertson, Emmons, Jones, Warren, Johnson and Ananich
Nays: Senator Hune
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 373, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17723.
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.
James A. Marleau
Chairperson
To Report Out:
Yeas: Senators Marleau, Robertson, Emmons, Hune, Jones, Warren, Johnson and Ananich
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Thursday, June 13, 2013, at 3:10 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Marleau (C), Robertson, Emmons, Hune, Jones, Warren, Johnson and Ananich
Excused: Senator Schuitmaker
Scheduled Meetings
Appropriations - Wednesday, June 19, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)
Michigan Law Revision Commission - Thursday, June 20, 11:30 a.m., Room 810, Farnum Building (373-0212)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 4:45 p.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, June 19, 2013, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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