No. 13
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2012
Senate Chamber, Lansing, Tuesday, February 14, 2012.
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.
Anderson—present Hood—present Pappageorge—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Hune—present Proos—present
Brandenburg—present Hunter—present Richardville—present
Casperson—present Jansen—present Robertson—present
Caswell—present Johnson—present Rocca—present
Colbeck—present Jones—present Schuitmaker—present
Emmons—present Kahn—present Smith—present
Gleason—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
Father Roman Pasieczny of St. Martin DePorres Catholic Church of Warren offered the following invocation:
Praise to You, Lord, King of the universe. You have made this beautiful world for us to live in. Guide the members of the Michigan State Senate, and help them to work together in harmony for the good of the people in Michigan.
Grant these men and women light to know the needs of all communities, courage in the face of difficulties, and strength to make wise decisions. Bless their plans and deliberations, and bring them to success.
Glory and honor to You, God of justice and peace. We praise and thank You, for You are God forever and ever. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Emmons and Gregory entered the Senate Chamber.
Senator Bieda moved that Senators Hunter and Johnson be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senator Kahn be temporarily excused from today’s session.
The motion prevailed.
Senator Kahn entered the Senate Chamber.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, February 9:
House Bill Nos. 4668 4669 5178
The Secretary announced that the following official bills were printed on Thursday, February 9, and are available at the legislative website:
Senate Bill Nos. 931 932 933 934 935 936 937
House Bill Nos. 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384
5385 5386 5387 5388 5389
The Secretary announced that the following official bills were printed on Friday, February 10, and are available at the legislative website:
House Bill Nos. 5390 5391 5392 5393
Messages from the Governor
The following messages from the Governor were received and read:
January 17, 2012
I respectfully submit to the Senate the following appointments to office:
Michigan Board of Chiropractic
Ronald H. Wilcox, Jr., of 1948 Pinnacle Drive, Wyoming, Michigan 49519, county of Kent, representing Chiropractors, succeeding Philip Knight, is appointed for a term expiring December 31, 2015.
Donald M. Reno of 38724 Glenmar Lane, Harrison Township, Michigan 48045, county of Macomb, representing Chiropractors, succeeding Corey Rodnick, is appointed for a term expiring December 31, 2015.
Robert M. Huta of 55 Michaywe Drive, Gaylord, Michigan 49735, county of Otsego, representing the general public, succeeding Charles Fellows, is appointed for a term expiring December 31, 2015.
February 1, 2012
I respectfully submit to the Senate the following appointments to office:
State Officers Compensation Commission
James M. Middaugh of 35361 51st Avenue, Paw Paw, Michigan 49079, county of Van Buren, succeeding Jack Minore, is appointed for a term expiring January 1, 2016.
Larry L. Meyer of 16938 Broadview Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Albert Holtz, is appointed for a term expiring January 1, 2016.
Carol A. Klenow of 9062 Oakridge Trail, Shelby Township, Michigan 48317, county of Macomb, succeeding Patrick Olson, is appointed for a term expiring January 1, 2016.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:07 a.m.
10:15 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 634
Senate Bill No. 751
Senate Bill No. 752
Senate Bill No. 754
Senate Bill No. 803
Senate Bill No. 823
Senate Bill No. 825
Senate Bill No. 750
Senate Bill No. 824
House Bill No. 5086
House Bill No. 5085
Senate Bill No. 753
The motion prevailed.
Senators Hunter and Johnson entered the Senate Chamber.
The following bill was read a third time:
Senate Bill No. 634, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 51 (MCL 211.51), as amended by 2009 PA 189.
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. 62 Yeas—38
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason 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.
The following bill was read a third time:
Senate Bill No. 751, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509r, 509aa, 658, 659, 661, and 761 (MCL 168.509r, 168.509aa, 168.658, 168.659, 168.661, and 168.761), section 509r as amended by 2003 PA 302, section 509aa as amended by 2004 PA 92, section 659 as amended by 2004 PA 296, section 661 as amended by 1982 PA 2, and section 761 as amended by 2005 PA 71, and by adding section 764c.
The question being on the passage of the bill,
Senator Warren offered the following amendment:
1. Amend page 11, line 15, by striking out all of section 761.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 63 Yeas—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Nays—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Warren offered the following amendment:
1. Amend page 16, line 7, after “CLERK.” by striking out the balance of the subsection.
The amendment was not adopted, a majority of the members serving not voting therefor.
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. 64 Yeas—27
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Caswell Jansen Moolenaar Rocca
Colbeck Johnson Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Green Kahn Pavlov
Nays—11
Anderson Gregory Hunter Whitmer
Bieda Hood Smith Young
Gleason Hopgood Warren
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 752, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 569a, 671, 792a, and 871 (MCL 168.569a, 168.671, 168.792a, and 168.871), section 569a as added by 1985 PA 24, section 671 as amended by 1995 PA 261, section 792a as amended by 2005 PA 71, and section 871 as amended by 2000 PA 207, and by adding section 686b.
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. 65 Yeas—38
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason 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.
The following bill was read a third time:
Senate Bill No. 754, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509v (MCL 168.509v), as added by 1994 PA 441, and by adding section 497c.
The question being on the passage of the bill,
Senator Bieda offered the following amendment:
1. Amend page 6, following line 2, by inserting:
“Sec. 758. (1) For the purposes of AS USED IN this act, “absent voter” means a qualified and registered elector who meets 1 or more of the following requirements:
(a) On account of physical disability, cannot without another’s assistance attend VOTES WITHOUT ATTENDING the polls on the day of an election.
(b) On account of the tenets of his or her religion, cannot attend the polls on the day of election.
(c) Cannot attend the polls on the day of an election in the precinct in which he or she resides because of being an election precinct inspector in another precinct.
(d) Is 60 years of age or older.
(e) Is absent or expects to be absent from the township or city in which he or she resides during the entire period the polls are open for voting on the day of an election.
(f) Cannot attend the polls on election day because of being confined in jail awaiting arraignment or trial.
(2) Subsection (1) does not apply to ABSENT VOTER DOES NOT INCLUDE a person who has moved outside of this state, regardless of length of his or her residence outside of this state, and who no longer maintains an actual residence in this state. The storage of personal effects or household goods, the ownership of property that is rented or leased to others, or occasional brief visits to a former domicile in this state while residing outside of this state for most of the year does DO not constitute a residence for voting purposes in this state, except for each of the following:
(a) A person described in section 1 of article II of the state constitution of 1963 and statutes enacted under that section.
(b) A person described in section 759a.
Sec. 759. (1) At any time during the 75 days before a primary ELECTION or special primary ELECTION, but not later than 2 p.m. of the Saturday immediately before the primary ELECTION or special primary ELECTION, an elector who qualifies WANTS to vote as an absent voter , as defined in section 758, may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the elector is registered. An application received before a primary ELECTION or special primary ELECTION may be for either that primary ELECTION only, or for that primary ELECTION and the election that follows.
(2) Except as otherwise provided in subsection (1), at any time during the 75 days before an election, but not later than 2 p.m. of the Saturday before the election, an elector who qualifies WANTS to vote as an absent voter , as defined in section 758, may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the voter is registered.
(3) An application for an absent voter ballot under this section may be made in any of the following ways:
(a) By a written request signed by the voter stating the statutory grounds for making the application ELECTOR.
(b) On an absent voter ballot application form provided for that purpose by the clerk of the city, township, or village.
(c) On a federal postcard application.
(4) An applicant for an absent voter ballot shall sign the application. A clerk or assistant clerk shall not deliver an absent voter ballot to an applicant who does not sign the application. A person other than SHALL NOT BE IN POSSESSION OF A SIGNED ABSENT VOTER BALLOT APPLICATION EXCEPT FOR the applicant; a member of the applicant’s immediate family; a person residing in the applicant’s household; a person whose job normally includes the handling of mail, but only during the course of his or her employment; a registered elector requested by the applicant TO RETURN THE APPLICATION; or a clerk, assistant of the clerk, or other authorized election official. shall not be in possession of a signed absent voter ballot application. A registered elector who is requested by the applicant to return his or her absent voter ballot application shall sign the certificate on the absent voter ballot application.
(5) The clerk of the city, township, or village shall have absent voter ballot application forms available in the CLERK’S office of the clerk at all times and shall furnish an absent voter ballot application form to anyone upon a verbal or written request. The absent voter ballot application shall be in substantially the following form:
“Application for absent voter ballot for:
[ ] The primary ELECTION or special primary election to be held on ..... , 19... __________________ [DATE].
[ ] The election to be held on ..... , 19... ____________ [DATE].
(Check applicable election or elections)
I, .................................. , a qualified and registered elector of the ............ precinct of the township of ............ or village of ............ or of the ............ ward of the city of .................................. , in the county of .................................. and state of Michigan, apply for an official ballot, or ballots, to be voted by me at the election or elections as requested in this application.
The statutory grounds on which I base my request are:
[ ] I expect to be absent from the community in which I am registered for the entire time the polls are open on election day.
[ ] I am physically unable to attend the polls without the assistance of another.
[ ] I cannot attend the polls because of the tenets of my religion.
[ ] I have been appointed an election precinct inspector in a precinct other than the precinct where I reside.
[ ] I am 60 years of age or older.
[ ] I cannot attend the polls because I am confined to jail awaiting arraignment or trial.
(Check applicable reason)
Send absent voter ballot to me at:
......................................................................
(Street No. or R.R.)
.........................................................................................................................................
(Post Office) (State) (ZIP CODE)
My registered address ......................................................................................................
(Street No. or R.R.)
......................................................................................................
(Post Office) (State) (ZIP CODE)
Date................................................................
I declare CERTIFY that the statements in this absent voter ballot application are true.
....................................................
(Signature)
WARNING
A person making a false statement in this absent voter ballot application is guilty of a misdemeanor. It is a violation of Michigan election law for a person other than those listed in the instructions to return, offer to return, agree to return, or solicit to return your absent voter ballot application to the clerk. An assistant authorized by the clerk who receives absent voter ballot applications at a location other than the CLERK’S office of the clerk must have credentials signed by the clerk. Ask to see his or her credentials before entrusting your application with a person claiming to have the clerk’s authorization to return your application.
Certificate of Authorized Registered
Elector Returning Absent Voter
Ballot Application
I certify that my name is .................... , my address is .................... , and my date of birth is ............ ; that I am delivering the absent voter ballot application of .................... at his or her request; that I did not solicit or request to return the application; that I have not made any markings on the application; that I have not altered the application in any way; that I have not influenced the applicant; and that I am aware that a false statement in this certificate is a violation of Michigan election law.
__________________ __________________________________
(Date) (Signature)”
(6) The following instructions for an applicant for an absent voter ballot shall be included with each application furnished an applicant:
INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS
Step 1. After completely filling out the application, sign and date the application in the place designated. Your signature must appear on the application or you will not receive an absent voter ballot.
Step 2. Deliver the application by 1 of the following methods:
(a) Place the application in an envelope addressed to the appropriate clerk and place the necessary postage upon the return envelope and deposit it in the United States mail or with another public postal service, express mail service, parcel post service, or common carrier.
(b) Deliver the application personally to the office of the clerk, to the clerk, or to an authorized assistant of the clerk.
(c) In either (a) or (b), a member of the immediate family of the voter including a father-in-law, mother-in-law, brother‑in‑law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or a person residing in the voter’s household may mail or deliver the application to the clerk for the applicant.
(d) In the event IF an applicant cannot return the application in any of the above methods, the applicant may select any registered elector to return the application. The person returning the application must sign and return the certificate at the bottom of the application.
(7) A person who prints and distributes absent voter ballot applications shall print on the application the warning, certificate of authorized registered elector returning absent voter ballot application, and instructions required by this section.
(8) A person who makes a false statement in an absent voter ballot application is guilty of a misdemeanor. A person who forges a signature on an absent voter ballot application is guilty of a felony. A person who is not authorized in this act and who both distributes absent voter ballot applications to absent voters and returns those absent voter ballot applications to a clerk or assistant of the clerk is guilty of a misdemeanor.
Sec. 759b. (1) Any A registered elector may apply for AN absent voter ballots BALLOT at any time prior to BEFORE 4 p.m. on election day if he shall have become physically disabled or shall be absent from the city or township because of sickness or death in the family which AN EVENT has occurred at a time which has THAT made it impossible to apply for AN absent voter ballots BALLOT by the statutory deadline. The application shall be called an emergency absent voter BALLOT application.
(2) Emergency absent voter BALLOT applications may be made by letter or on a form PRESCRIBED BY THE SECRETARY OF STATE AND provided by the clerk. The application shall set forth that the voter is qualified to vote in the election , stating the statutory reason for applying for an emergency absent voter ballot and that the reason for applying after the statutory deadline AN EVENT occurred at such a time to make it impossible to file an application for AN absent voter ballots BALLOT by the statutory deadline.
(3) Any A person intentionally making a false statement in such AN EMERGENCY ABSENT VOTER BALLOT application is guilty of a felony. Any A person aiding or abetting any ANOTHER person to make a false statement on such IN AN EMERGENCY ABSENT VOTER BALLOT application is guilty of a felony.
(4) Upon receipt by the clerk of a valid application for an emergency absent voter ballot, the clerk may deliver the ballots ABSENT VOTER BALLOT to the applicant in person, through a deputy or an election assistant, or he may deliver them at his OR HER office to a person named by the applicant in the EMERGENCY ABSENT VOTER BALLOT application. The ABSENT voter may return the ballots ABSENT VOTER BALLOT to the clerk in the sealed envelope provided therefor in any manner. he sees fit. To HOWEVER, TO be valid, ballots must be returned THE ABSENT VOTER SHALL RETURN THE ABSENT VOTER BALLOT to the clerk IN THE SEALED ENVELOPE PROVIDED FOR THAT REASON AND in time to be delivered to the polls prior to BEFORE 8 p.m. on election day.”.
The question being on the adoption of the amendment,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 803, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 523, 759, and 761 (MCL 168.523, 168.759, and 168.761), sections 523 and 761 as amended by 2005 PA 71 and section 759 as amended by 1995 PA 261, and by adding section 766a.
The question being on the passage of the bill,
Senator Robertson offered the following amendment:
1. Amend page 15, following line 20, by inserting:
“Enacting section 1. This amendatory act takes effect June 1, 2012.”.
The amendment was adopted, a majority of the members serving voting therefor.
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. 66 Yeas—30
Anderson Gleason Kowall Proos
Bieda Green Marleau Richardville
Booher Hansen Meekhof Robertson
Brandenburg Hildenbrand Moolenaar Rocca
Casperson Hune Nofs Schuitmaker
Caswell Jansen Pappageorge Walker
Colbeck Jones Pavlov Young
Emmons Kahn
Nays—8
Gregory Hopgood Johnson Warren
Hood Hunter Smith Whitmer
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Senators Brandenburg, Casperson, Caswell, Colbeck, Emmons, Green, Hansen, Hildenbrand, Jansen, Jones, Kahn, Kowall, Marleau, Meekhof, Moolenaar, Nofs, Pappageorge, Pavlov, Proos, Richardville, Robertson, Rocca, Schuitmaker and Walker were named co‑sponsors of the bill.
The following bill was read a third time:
Senate Bill No. 823, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 53, 55, 56, 93, 95, 96, 133, 135, 136, 163, 165, 166, 193, 195, 196, 198, 224, 226, 227, 254, 255, 257, 303, 322, 326, 349, 352, 354, 357, 381, 409b, 413, 413a, 426d, 433, 433a, 467b, 467c, 551, 591, 624, 644e, 644f, 712, 737a, 931, and 973 (MCL 168.53, 168.55, 168.56, 168.93, 168.95, 168.96, 168.133, 168.135, 168.136, 168.163, 168.165, 168.166, 168.193, 168.195, 168.196, 168.198, 168.224, 168.226, 168.227, 168.254, 168.255, 168.257, 168.303, 168.322, 168.326, 168.349, 168.352, 168.354, 168.357, 168.381, 168.409b, 168.413, 168.413a, 168.426d, 168.433, 168.433a, 168.467b, 168.467c, 168.551, 168.591, 168.624, 168.644e, 168.644f, 168.712, 168.737a, 168.931, and 168.973), sections 53, 163, 193, 224, 254, 349, 409b, 413a, 426d, 433a, 467c, 624, and 644f as amended by 1999 PA 218, sections 93 and 133 as amended by 2000 PA 491, section 165 as amended by 1994 PA 152, section 303 as added by 2003 PA 302, section 322 as amended by 2010 PA 183, section 381 as amended by 2010 PA 184, section 413 as amended by 2009 PA 206, section 433 as amended by 2009 PA 208, section 467b as amended by 2009 PA 207, section 551 as amended by 1990 PA 7, section 591 as amended by 1990 PA 109, section 644e as amended by 2010 PA 44, section 737a as amended by 2006 PA 87, and section 931 as amended by 1996 PA 583, and by adding sections 483a, 932c, and 932e; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Warren offered the following amendment:
1. Amend page 45, following line 19, by inserting:
“Sec. 509o. (1) The secretary of state shall direct and supervise the establishment and maintenance of a statewide qualified voter file. The secretary of state shall establish the technology to implement the qualified voter file on or before January 1, 1997. The qualified voter file shall be IS the official file for the conduct of all elections held in this state on or after January 1, 1998. The secretary of state may direct that all or any part of the city, township, or village registration files shall be used in conjunction with the qualified voter file at the first state primary and election held after the creation of the qualified voter file.
(2) Notwithstanding any other provision of law to the contrary, beginning January 1, 1998, a person who appears to vote in an election and whose name appears in the qualified voter file for that city, township, village, or school district is considered a registered voter of that city, township, village, or school district under this act.
(3) The secretary of state, a designated voter registration agency, or a county, city, township, or village clerk shall not place a name of an individual into the qualified voter file unless that person signs an application as prescribed in section 509r(3). The EXCEPT AS PROVIDED IN SUBSECTION (4), THE secretary of state or a designated voter registration agency shall not allow a person to indicate a different address than the address in either the secretary of state’s or designated voter registration agency’s files to be placed in the qualified voter file.
(4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN INDIVIDUAL MAY CHANGE THE RESIDENCE ADDRESS ON HIS OR HER OPERATOR’S OR CHAUFFEUR’S LICENSE ISSUED PURSUANT TO THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, OR OFFICIAL STATE PERSONAL IDENTIFICATION CARD ISSUED PURSUANT TO 1972 PA 222, MCL 28.291 TO 28.300, WITHOUT CHANGING HIS OR HER ADDRESS FOR PURPOSES OF THE QUALIFIED VOTER FILE OR MAY CHANGE HIS OR HER ADDRESS ON THE QUALIFIED VOTER FILE WITHOUT CHANGING THE RESIDENCE ADDRESS ON HIS OR HER OPERATOR’S OR CHAUFFEUR’S LICENSE ISSUED PURSUANT TO THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, OR OFFICIAL STATE PERSONAL IDENTIFICATION CARD ISSUED PURSUANT TO 1972 PA 222, MCL 28.291 TO 28.300.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 67 Yeas—13
Anderson Hildenbrand Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Gregory
Nays—25
Booher Hansen Marleau Proos
Brandenburg Hune Meekhof Richardville
Casperson Jansen Moolenaar Robertson
Caswell Jones Nofs Rocca
Colbeck Kahn Pappageorge Schuitmaker
Emmons Kowall Pavlov Walker
Green
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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. 68 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 825, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.
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. 69 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 750, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33 and 35 (MCL 169.233 and 169.235), section 33 as amended by 1999 PA 238 and section 35 as amended by 2000 PA 75.
The question being on the passage of the bill,
Senator Robertson offered the following amendments:
1. Amend page 6, following line 27, by inserting:
“(11) IF A CANDIDATE, TREASURER, OR OTHER INDIVIDUAL DESIGNATED AS RESPONSIBLE FOR A COMMITTEE’S RECORD KEEPING, REPORT PREPARATION, OR REPORT FILING KNOWINGLY OMITS OR UNDERREPORTS INDIVIDUAL CONTRIBUTIONS OR INDIVIDUAL EXPENDITURES REQUIRED TO BE DISCLOSED BY THIS ACT, THAT INDIVIDUAL IS SUBJECT TO A CIVIL FINE OF NOT MORE THAN $1,000.00 OR THE AMOUNT OF THE CONTRIBUTIONS AND EXPENDITURES OMITTED OR UNDERREPORTED, WHICHEVER IS GREATER.” and renumbering the remaining subsections.
2. Amend page 7, line 13, after “SUBSECTION” by striking out “(11)” and inserting “(12)”.
The amendments were adopted, a majority of the members serving voting therefor.
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. 70 Yeas—38
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason 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.
The following bill was read a third time:
Senate Bill No. 824, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 15, 32, 34, 36, 47, and 55 (MCL 169.215, 169.232, 169.234, 169.236, 169.247, and 169.255), sections 15 and 47 as amended by 2001 PA 250, section 32 as amended by 1999 PA 236, section 34 as amended by 1999 PA 238, section 36 as amended by 1996 PA 590, and section 55 as amended by 1995 PA 264.
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. 71 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5086, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 4, 6, 11, 15, and 57 (MCL 169.204, 169.206, 169.211, 169.215, and 169.257), section 4 as amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 15 and 57 as amended by 2001 PA 250.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 72 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
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 political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5085, entitled
A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 1995 PA 278.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 73 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
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 of the bill.
The following bill was read a third time:
Senate Bill No. 753, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11e of chapter XVII (MCL 777.11e), as added by 2002 PA 31.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 74 Yeas—38
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 754, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509v (MCL 168.509v), as added by 1994 PA 441, and by adding section 497c.
(This bill was read a third time earlier today, amendment offered and consideration postponed. See p. 164.)
The question being on the adoption of the amendment offered by Senator Bieda,
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 75 Yeas—16
Anderson Hansen Jansen Smith
Bieda Hood Johnson Warren
Gleason Hopgood Nofs Whitmer
Gregory Hunter Rocca Young
Nays—22
Booher Green Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jones Pappageorge Schuitmaker
Colbeck Kahn Pavlov Walker
Emmons Kowall
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Senator Robertson offered the following amendment:
1. Amend page 6, following line 2, by inserting:
“Enacting section 1. This amendatory act takes effect June 1, 2012.”.
The amendment was adopted, a majority of the members serving voting therefor.
Senator Young offered the following amendments:
1. Amend page 2, line 4, after “(2)” by inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION,”.
2. Amend page 2, line 9, after “APPLICATION.” by inserting “IF A PERSON APPLIES IN PERSON TO REGISTER TO VOTE AT A DEPARTMENT OF STATE OFFICE AS PART OF AN OPERATOR’S OR CHAUFFEUR’S LICENSE TRANSACTION UNDER SECTION 307 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.307, OR AN OFFICIAL STATE IDENTIFICATION CARD TRANSACTION UNDER SECTION 1 OF 1972 PA 222, MCL 28.291, AND THE PERSON PRESENTS A BIRTH CERTIFICATE AND AT LEAST 1 OTHER APPROVED DOCUMENT TO VERIFY THE IDENTITY OF THE PERSON AS PROVIDED UNDER SECTION 307 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.307, OR SECTION 1 OF THE 1972 PA 222, MCL 28.291, THAT PERSON’S VOTER REGISTRATION APPLICATION SHALL NOT BE CONSIDERED A MAIL REGISTRATION APPLICATION.”.
The amendments were adopted, a majority of the members serving voting therefor.
Senator Warren offered the following amendment:
1. Amend page 2, line 10, by striking out all of section 509v.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 76 Yeas—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Nays—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 77 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Protest
Senator Young, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 754.
Senator Young’s statement is as follows:
I rise before my colleagues to inform you that we are missing an opportunity to make our voting system simpler and better. Instead, we are making it more complex and harder. We are putting burdensome new rules on direct democracy as practiced by the citizens of this state. Florida has enacted similar laws, and they are facing a strong court challenge in that state. Do we really want to silence the voices of the people? Are we enacting prior restraints on groups that wish to put questions directly before the voters?
We are putting new hurdles in the way of voting registration and, significantly, we are missing an opportunity to extend absentee voting to citizens without questioning their intention or motives or reasons.
Madam President, I believe it can barely be said that this is a package of bills that trusts government over the people, especially state government. In the words of Thomas Jefferson, “There is no safer depository of the rights than in the hands of the people themselves.” At some level, I am surprised that it is coming from the side of the aisle that usually professes to distrust government.
Because we are missing an opportunity to help democracy and instead are placing additional burdens on democracy, I could not support this package of bills.
Senators Bieda and Young 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:
This is a very simple amendment. We are all familiar with no-reason absentee ballots. What this amendment does is it will allow a voter to obtain an absentee ballot without requiring the voter to mark one of six reasons why the voter cannot vote at the polls. With the adoption of this amendment, voters will no longer need to stretch the truth when requesting a ballot.
Lines at polling places will be shorter, voter turnout will increase, and voters can study the ballot at their convenience. Currently, a majority of the states across the Union allow no-reason absentee voting, and it is time that Michigan made voting easier. It is, after all, a right.
Senator Young’s statement is as follows:
Madam President, I would like to start with a quote: “Democracy is worth dying for because it is the most deeply honorable form of government ever devised by man.” President Ronald Reagan.
Madam President, I am offering this amendment to fix what I believe is an oversight in the legislation. We shared this amendment with the majority and the department during the committee process, and I do hope that we can include this very important exception in this bill.
As you know, the bill requires a driver’s license to be shown for registration to be considered to have been made in-person. That is true even though the person is actually in-person at the Secretary of the State’s office when making this transaction. Of course, in many cases, the person is both registering to vote and applying for a driver’s license at the same time.
My amendment allows a birth certificate to be used as sufficient proof to allow in-person registration since, as I have noted, the applicant won’t have the driver’s license at the time of application. This amendment encourages the efforts made by several secretaries of state to encourage the people to get registered to vote at the same time as they apply for their driver’s licenses. I ask for your support on this very important amendment.
Senator Meekhof moved to reconsider the vote by which the following bill was passed:
Senate Bill No. 751, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509r, 509aa, 658, 659, 661, and 761 (MCL 168.509r, 168.509aa, 168.658, 168.659, 168.661, and 168.761), section 509r as amended by 2003 PA 302, section 509aa as amended by 2004 PA 92, section 659 as amended by 2004 PA 296, section 661 as amended by 1982 PA 2, and section 761 as amended by 2005 PA 71, and by adding section 764c.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 78 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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 Pappageorge as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 744, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1307 (MCL 324.1307), as added by 2004 PA 325.
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 amendment, the following bill:
House Bill No. 4978, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 811k (MCL 257.307 and 257.811k), section 307 as amended by 2011 PA 159 and section 811k as amended by 2006 PA 298, and by adding section 811s; and to repeal acts and parts of acts.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 5, line 10, after “image” by inserting “AND SIGNATURE”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
Resolutions
Senator Meekhof moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 34
Senate Resolution No. 67
The motion prevailed.
Senator Meekhof moved that rule 3.204 be suspended to permit immediate consideration of the following resolution:
Senate Resolution No. 116
The motion prevailed, a majority of the members serving voting therefor.
Senator Richardville offered the following resolution:
Senate Resolution No. 116.
A resolution offered as a memorial for Milton Zaagman, former member of the Michigan Senate.
Whereas, It is with deep respect for his dedication to the service of his community, our state, and our country that we mark the passing of Milton Zaagman. With his sense of responsibility, evident in both elective office and in his private life, this gentleman set a standard of citizenship that will long be remembered; and
Whereas, A native of Grand Rapids, Milton Zaagman, like so many of his generation, had his own ambitions put on hold as he served our country with the U.S. Navy during World War II. This unselfishness and devotion to duty were to mark his entire life. He studied at Calvin College, earned a degree in mortuary science from Wayne State University, and became involved with several civic groups in his hometown as he worked in the family business. He embarked upon elective office with three terms on the Kent County Board of Supervisors; and
Whereas, Milton Zaagman was first elected to the Michigan Senate in 1962, and he served continuously until 1974. During his legislative tenure, he contributed to the reshaping and modernization of state government and its institutions. Senator Zaagman served as the Legislature met the formidable challenges of implementing the new Michigan Constitution following its approval by voters in 1963. His business background and understanding of local government made him an effective lawmaker in addressing the needs of our state and his Grand Rapids district. The respect harbored for him by his colleagues was evident in his responsibilities as President pro tempore from 1971 to 1974 and his service in 1974 as the Senate Majority Leader. After his legislative tenure, he continued to share his expertise in public affairs with groups that included the Michigan Medical Society; now, therefore, be it
Resolved by the Senate, That we offer this expression of tribute to honor the memory of Milton Zaagman, a member of this legislative body from 1963 to 1974; and be it further
Resolved, That copies of this resolution be transmitted to the Zaagman family as evidence of our condolences and the gratitude of our state for his unselfish public service.
The question being on the adoption of the resolution,
The resolution was adopted by a unanimous standing vote of the Senate.
Senator Meekhof moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.
The motion prevailed, a majority of the members serving voting therefor.
A moment of silence was observed in memory of former Senator Milton Zaagman.
Introduction and Referral of Bills
Senators Colbeck, Meekhof, Marleau and Schuitmaker introduced
Senate Bill No. 938, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 10 (MCL 423.210).
The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.
Senators Meekhof, Casperson, Green, Proos, Colbeck, Jones, Marleau and Jansen introduced
Senate Bill No. 939, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 14.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senators Proos, Meekhof, Casperson, Green, Kowall, Colbeck, Jones and Jansen introduced
Senate Bill No. 940, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2008 PA 133.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senators Casperson, Meekhof, Green, Proos, Colbeck, Jones and Jansen introduced
Senate Bill No. 941, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 13537 and 13832.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senators Green, Meekhof, Casperson, Proos, Colbeck, Jones and Jansen introduced
Senate Bill No. 942, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 23 (MCL 325.1023).
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senators Booher, Hopgood, Hunter, Jones, Marleau, Walker, Hansen and Kowall introduced
Senate Bill No. 943, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 484.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Hopgood, Booher, Hunter, Jones, Marleau, Walker, Hansen and Kowall introduced
Senate Bill No. 944, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senators Green, Hune, Pavlov, Hildenbrand, Emmons, Gleason and Booher introduced
Senate Bill No. 945, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2010 PA 345.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senators Caswell, Jones, Booher, Green, Emmons, Kahn, Marleau, Hansen, Nofs, Colbeck and Jansen introduced
Senate Bill No. 946, entitled
A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by amending sections 2, 4, 6, 9, 17, and 22 (MCL 286.202, 286.204, 286.206, 286.209, 286.217, and 286.222), sections 6 and 9 as amended by 2007 PA 84.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Green introduced
Senate Bill No. 947, entitled
A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Booher introduced
Senate Bill No. 948, entitled
A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of technology, management, and budget and the state administrative board.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Booher introduced
Senate Bill No. 949, entitled
A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Moolenaar introduced
Senate Bill No. 950, entitled
A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Proos introduced
Senate Bill No. 951, entitled
A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Walker introduced
Senate Bill No. 952, entitled
A bill to make appropriations for the department of education for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Green introduced
Senate Bill No. 953, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Pappageorge introduced
Senate Bill No. 954, 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 service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2013; 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 bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Schuitmaker introduced
Senate Bill No. 955, entitled
A bill to make appropriations for higher education for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Caswell introduced
Senate Bill No. 956, entitled
A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Proos introduced
Senate Bill No. 957, entitled
A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Jansen introduced
Senate Bill No. 958, entitled
A bill to make appropriations for the department of energy, labor, and economic growth for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Colbeck introduced
Senate Bill No. 959, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Green introduced
Senate Bill No. 960, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Walker introduced
Senate Bill No. 961, 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 2011 PA 299 and section 17b as amended by 2007 PA 137.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Colbeck introduced
Senate Bill No. 962, entitled
A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Pappageorge introduced
Senate Bill No. 963, entitled
A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Kahn introduced
Senate Bill No. 964, entitled
A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2012 and September 30, 2013; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Kahn introduced
Senate Bill No. 965, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2011 PA 299, section 17b as amended by 2007 PA 137, and sections 201 and 236 as added by 2011 PA 62.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Kahn introduced
Senate Bill No. 966, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Smith introduced
Senate Bill No. 967, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1 (MCL 247.651), as amended by 2008 PA 303.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No. 4455, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3171, 3172, 3173a, 3174, 3175, 3320, and 3330 (MCL 500.3171, 500.3172, 500.3173a, 500.3174, 500.3175, 500.3320, and 500.3330), sections 3172 and 3175 as amended and section 3173a as added by 1984 PA 426 and section 3320 as amended by 1980 PA 461.
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 Insurance.
House Bill No. 4668, entitled
A bill to amend 1897 PA 230, entitled “An act to provide for the formation of corporations for the purpose of owning, maintaining and improving lands and other property kept for the purposes of summer resorts or for ornament, recreation or amusement, and to repeal all laws or parts of laws in conflict herewith; and to impose certain duties on the department of commerce,” (MCL 455.1 to 455.24) by adding section 16a.
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 Finance.
House Bill No. 4669, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2008 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 and referred to the Committee on Finance.
House Bill No. 5050, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479c.
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. 5051, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.
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. 5178, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7u (MCL 211.7u), as amended by 2003 PA 140.
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 Finance.
Committee Reports
The Committee on Appropriations reported
Senate Bill No. 21, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 447.
With the recommendation that the bill be referred to the Committee on Reforms, Restructuring and Reinventing.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker
Nays: Senators Anderson and Hood
The bill was referred to the Committee on Reforms, Restructuring and Reinventing.
The Committee on Appropriations reported
Senate Bill No. 802, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 141a.
With the recommendation that the bill be referred to the Committee on Reforms, Restructuring and Reinventing.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker
Nays: Senators Anderson and Hood
The bill was referred to the Committee on Reforms, Restructuring and Reinventing.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Resolution No. 97.
A resolution to memorialize the Congress of the United States to enact legislation to ensure that amounts credited to the Harbor Maintenance Trust Fund are used solely for the dredging, infrastructure, operation, and maintenance of federally-authorized ports.
(For text of resolution, see Senate Journal No. 91 of 2011, p. 2570.)
With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted:
A resolution to memorialize the Congress of the United States to enact legislation to ensure that amounts credited to the Harbor Maintenance Trust Fund are used solely for the dredging, infrastructure, operation, and maintenance of federally-authorized ports, harbors, and waterways.
Whereas, Domestic shippers and importers using Great Lakes and coastal ports pay more than a billion dollars per year in federal harbor maintenance taxes. Congress established the tax to fund harbor operation and maintenance, particularly dredging, at these ports; and
Whereas, Despite a nearly $6 billion balance in the Harbor Maintenance Trust Fund, our nation’s dredging needs are not being met. Throughout our nation and particularly in the Great Lakes region, the lack of dredging has forced shippers to operate inefficiently and carry lighter loads, costing them millions of dollars each year; and
Whereas, The Obama Administration has only budgeted about half of the revenue collected through the harbor maintenance tax for maintaining our nation’s harbors. Last year, nearly $1.5 billion were collected from shippers, but only $758 million has been allocated for dredging harbors in Michigan and other coastal states; and
Whereas, During the current turbulent economic conditions, we must make every effort to support economic activity by maintaining the infrastructure necessary for commerce. Essentially, by using harbor maintenance taxes placed in the Harbor Maintenance Trust Fund to finance and balance other portions of the federal budget, we are breaking our promise to the shippers paying the tax and hurting our nation’s economic recovery; and
Whereas, Current congressional legislation (H.R. 104 and S. 412) would ensure that harbor maintenance taxes are only used for their intended purpose to maintain our nation’s harbors; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation to ensure that amounts credited to the Harbor Maintenance Trust Fund are used solely for the dredging, infrastructure, operation, and maintenance of federally-authorized ports, harbors, and waterways; 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, and the members of the Michigan congressional delegation.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall, Meekhof and Warren
Nays: None
The resolution and the substitute recommended by the committee were placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
House Bill No. 4578, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11715 (MCL 324.11715), as amended by 2004 PA 381.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Green, Kowall and Meekhof
Nays: Senator Warren
The bill was referred to the Committee of the Whole.
The Committee on Natural Resources, Environment and Great Lakes reported
House Bill No. 4994, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 3111 (MCL 324.3111).
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall and Meekhof
Nays: Senator Warren
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Meeting held on Thursday, February 9, 2012, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof and Warren
Excused: Senator Hood
The Committee on Outdoor Recreation and Tourism reported
House Bill No. 4845, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80101, 80141, and 80212 (MCL 324.80101, 324.80141, and 324.80212), section 80101 as amended by 2004 PA 547, section 80141 as added by 1995 PA 58, and section 80212 as added by 2000 PA 229; and to repeal acts and parts of acts.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Casperson and Gleason
Nays: Senator Young
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Outdoor Recreation and Tourism reported
House Bill No. 4846, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80104 and 80152 (MCL 324.80104 and 324.80152), section 80104 as amended by 2004 PA 587 and section 80152 as amended by 1999 PA 19, and by adding section 80143.
With the recommendation that the bill pass.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Casperson, Gleason and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Outdoor Recreation and Tourism reported
House Bill No. 4847, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 80143.
With the recommendation that the bill pass.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Casperson, Gleason and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Outdoor Recreation and Tourism reported
House Bill No. 4848, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 479a (MCL 750.479a), as amended by 2002 PA 270.
With the recommendation that the bill pass.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Casperson, Gleason and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Outdoor Recreation and Tourism reported
House Bill No. 5109, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80205 (MCL 324.80205), as amended by 2008 PA 178.
With the recommendation that the bill pass.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Casperson, Gleason and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Outdoor Recreation and Tourism reported
House Bill No. 5110, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80166 (MCL 324.80166), as amended by 2002 PA 636.
With the recommendation that the bill pass.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Casperson, Gleason and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Outdoor Recreation and Tourism submitted the following:
Meeting held on Thursday, February 9, 2012, at 12:30 p.m., Room 210, Farnum Building
Present: Senators Hansen (C), Hildenbrand, Casperson, Gleason and Young
Excused: Senators Brandenburg and Moolenaar
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Joint meeting held on Thursday, February 9, 2012, at 11:00 a.m., House 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 Committee on Banking and Financial Institutions submitted the following:
Meeting held on Thursday, February 9, 2012, at 1:32 p.m., Room 100, Farnum Building
Present: Senators Booher (C), Nofs, Green, Marleau, Rocca and Hunter
Excused: Senator Smith
Scheduled Meetings
Appropriations - Wednesday, February 15, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑1760)
Subcommittees -
Agriculture and Rural Development - Tuesdays, February 21 and February 28, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Capital Outlay - Thursday, February 16, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373‑8080)
Community Health Department - Thursday, February 16, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Higher Education - Wednesday, February 15, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
K-12, School Aid, Education - Wednesday, February 15, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Licensing and Regulatory Affairs Department - Thursday, February 16, 1:30 p.m., Rooms 402 and 403, Capitol Building (373-2768)
State Police and Military Affairs, House State Police Appropriations Subcommittee and House Military and Veterans Affairs Appropriations Subcommittee - Thursdays, February 16 and March 1, 3:00 p.m., Rooms 402 and 403, Capitol Building; and Thursday, February 23, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Transportation - Wednesday, February 22, 3:00 p.m. or later immediately following Appropriations Committee meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Banking and Financial Institutions - Thursday, February 16, 1:30 p.m., Room 100, Farnum Building (373-5324)
Education - Wednesday, February 15, 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower (373-5314) (CANCELED)
Michigan Law Revision Commission - Thursday, February 16, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Natural Resources, Environment and Great Lakes - Thursday, February 16, 9:00 a.m., Room 210, Farnum Building (373‑5323)
Outdoor Recreation and Tourism - Thursday, February 16, 12:30 p.m., Room 210, Farnum Building (373-5323)
Reforms, Restructuring and Reinventing - Wednesday, February 15, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5307)
Regulatory Reform - Thursday, February 16, 12:30 p.m., Room 110, Farnum Building (373-5307)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 11:36 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, February 15, 2012, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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