No. 80
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2012
Senate Chamber, Lansing, Thursday, December 13, 2012.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
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
Pastor Lovejoy Johnson of New Bethelem Baptist Church of Detroit offered the following invocation:
We thank You for another day that allowed us to lie down last night and wake up this morning; that allowed us to get in our various cars to come to do business. From different denominations and different backgrounds, we thank You again for allowing us to come in one common cause to do Your business; to lead this great state, our various cities, and even this great nation.
So now we lift up our President. We lift up our Governor. We lift up various mayors from various cities and all these people who come down to do Your business in one common great cause; that our minds will be renewed; that we have love for one another despite our different avenues of life, despite different mindsets. We still have one common cause to love this nation, to love this state, and to love our cities.
So we thank You again for all Your many blessings that flow from heart to heart and from breast to breast; that allows You to keep us, to sustain us, that we do in love. We pray now. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Bieda moved that Senators Anderson, Gleason, Hunter, Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senators Proos, Marleau and Emmons be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Representatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor.
The motion prevailed.
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Walker admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Walker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Walker’s statement is as follows:
Thank you, colleagues, for recognizing this family in my district who lost a son fighting for America. It’s my honor to present them with a tribute and recognize their family’s service. I have before me a Special Tribute for Sergeant Justin Hansen who served America and lost his life. I’d like to read it to the members and the guests. It says:
“LET IT BE KNOWN, That it is with sad hearts, but also deep appreciation for his service to our country, that we present this tribute to the family of Sergeant Justin M. Hansen. Our country owes a debt of gratitude that cannot be overstated, and we will always be thankful for all Justin has done to keep our homeland safe from harm. Justin will be greatly missed by all who knew him.
Justin was born on August 13, 1985, and grew up in Kingsley, where he became the star of the high school football and track teams. Justin, who came from a family of riders, was a long-time motorcycle enthusiast and also loved to snowboard the slopes of Crystal Mountain. Justin often returned to Kingsley to visit his parents, Richard Hansen and Vickie Hays, siblings, grandparents, extended family, friends, and many more.
Justin courageously answered the call of duty, enlisting in the United States Marine Corps two years after he graduated from Kingsley High School in 2003. Justin was assigned to the 2nd Marine Special Operations Battalion, Camp Lejeune, North Carolina. Justin’s courage and brave heart earned him numerous awards and decorations, including the Purple Heart, two Combat Action Ribbons, and two Good Conduct Medals.
Sergeant Justin Hansen died while conducting combat operations in the Northern Province of Badghis, Afghanistan, on July 24, 2012. Justin was supporting Operation Enduring Freedom as a member of the 2nd Marine Special Operations Battalion, Special Operations Command. While Justin left us too soon, the sacrifice he made on the battlefield protecting our freedoms will never be forgotten.
IN SPECIAL TRIBUTE, Therefore, This document is signed to honor and celebrate the life of Sergeant Justin M. Hansen. May his family grow strong in the memory of Justin’s caring spirit, and may they find comfort in the knowledge of our shared grief in his passing.”
I would also like to let the members know that Justin’s family is here with me, along with his State Representative Wayne Schmidt.
A moment of silence was observed in memory of Marine Corps Sergeant Justin M. Hansen.
Senators Proos, Marleau, Young, Emmons, Gleason and Johnson entered the Senate Chamber.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:11 a.m.
10:17 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Richardville admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
House Bill No. 5817
House Bill No. 5952
The motion prevailed, a majority of the members serving voting therefor.
The following communications were received and read:
Office of the Auditor General
December 7, 2012
Enclosed is a copy of the following audit report:
Performance audit of the Secondary Road Patrol and Traffic Accident Prevention Program, Office of Highway Safety Planning, Michigan Department of State Police.
December 12, 2012
Enclosed is a copy of the following audit report:
Performance audit of Funding for Department Services Provided to Local Units of Government, Michigan Department of Transportation.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The audit reports were referred to Committee on Government Operations.
The Secretary announced that the following official bills were printed on Wednesday, December 12, and are available at the legislative website:
House Bill Nos. 6087 6088
Messages from the Governor
Senator Meekhof moved that consideration of the following bills be postponed for today:
Senate Bill No. 930
Senate Bill No. 754
Senate Bill No. 803
The motion prevailed.
The following message from the Governor was received and read:
December 12, 2012
I respectfully submit to the Senate the following appointments to office:
Chair - Asian Pacific American Affairs Commission
H. Sook Wilkinson of 708 Parkman Drive, Bloomfield Hills, Michigan 48304, county of Oakland, is appointed for a term expiring at the pleasure of the Governor.
Asian Pacific American Affairs Commission
Jeffrey Vang of 32822 Greenwood Drive, Chesterfield, Michigan 48047, county of Macomb, succeeding himself, is reappointed for a term expiring November 30, 2016.
Tsu-Yin Wu of 328 Marshall Street, Ypsilanti, Michigan 48197, county of Washtenaw, succeeding herself, is reappointed for a term expiring November 30, 2016.
Anand D. Kumar of 1499 McLaine Street, Canton, Michigan 48188, county of Wayne, succeeding himself, is reappointed for a term expiring November 30, 2016.
Asim I. Alavi of 4116 Lake Forest Drive, Ann Arbor, Michigan 48108, county of Washtenaw, succeeding Lawrence Almeda, is appointed for a term expiring November 30, 2016.
Henry Yukio Tanaka of 2787 Pontiac Road, Auburn Hills, Michigan 48326, county of Oakland, succeeding Leslie Wong, is appointed for a term expiring November 30, 2014.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
Messages from the House
Senate Bill No. 933, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 315a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 988, entitled
A bill to provide for the designation of the Frank J. Kelley Walkway; and to prescribe the powers of certain state agencies and officials.
The House of Representatives has passed the bill.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1180, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 224 (MCL 257.224), as amended by 2006 PA 177.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1189, entitled
A bill to amend 2002 PA 100, entitled “Public employee retirement benefit protection act,” (MCL 38.1681 to 38.1689) by amending the title and by adding section 8a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1272, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 13 (MCL 421.13), as amended by 2011 PA 269.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1283, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 1a (MCL 445.1651a), as amended by 2009 PA 76.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1284, entitled
A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending section 2 (MCL 445.1632).
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1285, entitled
A bill to amend 1977 PA 135, entitled “An act to prohibit certain mortgage lending practices by a credit granting institution; to prescribe the powers and duties of the commissioner of the financial institutions bureau in relation to those practices; to permit the establishment of local mortgage review boards; and to provide remedies and penalties,” by amending section 1 (MCL 445.1601).
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
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.
Senate Bill No. 1305, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2110a, 2111, 2117, 2119, and 2121 (MCL 500.2110a, 500.2111, 500.2117, 500.2119, and 500.2121), section 2110a as added by 1996 PA 514, sections 2111, 2117, and 2121 as amended by 2002 PA 492, and section 2119 as amended by 1980 PA 461.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1308, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2213 (MCL 500.2213), as amended by 2002 PA 707.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1335, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 14 (MCL 408.1014), as amended by 1991 PA 105.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1336, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 5, 14a, 14b, 14d, 14e, 14f, 14h, 14j, 14k, 14l, 24, 31, 54, and 63 (MCL 408.1005, 408.1014a, 408.1014b, 408.1014d, 408.1014e, 408.1014f, 408.1014h, 408.1014j, 408.1014k, 408.1014l, 408.1024, 408.1031, 408.1054, and 408.1063), sections 5, 31, and 63 as amended and sections 14a, 14b, 14d, 14e, 14h, 14j, 14k, and 14l as added by 1986 PA 80, section 14f as amended by 1996 PA 70, and section 24 as amended by 1991 PA 105; and to repeal acts and parts of acts.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Anderson entered the Senate Chamber.
Senate Bill No. 1156, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5301 and 5303 (MCL 324.5301 and 324.5303), section 5301 as amended by 2005 PA 255 and section 5303 as amended by 2002 PA 398; and to repeal acts and parts of acts.
Substitute (H-1).
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. 936 Yeas—37
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 Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Gleason Jones Proos Young
Green
Nays—0
Excused—1
Hunter
Not Voting—0
In The Chair: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1157, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5402 and 5406 (MCL 324.5402 and 324.5406), as added by 1997 PA 26.
Substitute (H-1).
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. 937 Yeas—37
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 Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Gleason Jones Proos Young
Green
Nays—0
Excused—1
Hunter
Not Voting—0
In The Chair: President
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.
Senator Hunter entered the Senate Chamber.
Senate Bill No. 1158, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 19708 (MCL 324.19708), as amended by 2010 PA 232.
Substitute (H-1).
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. 938 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: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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 Committee Reports, be placed on the General Orders calendar for consideration today:
House Bill No. 5261
House Bill No. 6029
House Bill No. 6030
The motion prevailed, a majority of the members serving voting therefor.
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, Lieutenant Governor Calley, designated Senator Jansen as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 5271, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 38a.
House Bill No. 5444, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4r (MCL 205.54r), as amended by 2004 PA 173.
House Bill No. 5445, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4k (MCL 205.94k), as amended by 2009 PA 54.
House Bill No. 5890, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1238 (MCL 500.1238), as added by 1984 PA 5.
House Bill No. 5805, entitled
A bill to recognize the operation of health care sharing ministries by eligible entities; and to provide that entities that establish and operate health care sharing ministries are not engaging in the business of insurance.
House Bill No. 5282, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231a (MCL 750.231a), as amended by 2008 PA 196.
House Bill No. 5693, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 74, 75, and 76 (MCL 750.74, 750.75, and 750.76), section 74 as amended by 1998 PA 312.
House Bill No. 5902, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17d of chapter XVII (MCL 777.17d), as added by 2002 PA 28.
House Bill No. 5917, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 19 (MCL 408.1019), as amended by 1991 PA 105; and to repeal acts and parts of acts.
House Bill No. 5922, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 4, 6, 11, 16, 21, and 69 (MCL 408.1004, 408.1006, 408.1011, 408.1016, 408.1021, and 408.1069), section 11 as amended by 1986 PA 80 and sections 16 and 21 as amended by 1991 PA 105; and to repeal acts and parts of acts.
House Bill No. 5415, entitled
A bill to create the Father Marquette national memorial and Mackinac straits area museum advisory board; and to prescribe the powers and duties of certain state agencies and officials.
House Bill No. 5055, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 11a.
House Bill No. 5557, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as amended by 2009 PA 213.
House Bill No. 5937, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3a, 4, and 4o (MCL 205.93a, 205.94, and 205.94o), section 3a as amended by 2012 PA 299, section 4 as amended by 2008 PA 314, and section 4o as amended by 2010 PA 115.
House Bill No. 5404, entitled
A bill to amend 1967 PA 288, entitled “Land division act,” by amending sections 109 and 182 (MCL 560.109 and 560.182), section 109 as amended by 1997 PA 87.
House Bill No. 5801, entitled
A bill to enter into the state and province emergency management assistance agreement.
House Bill No. 5830, entitled
A bill to amend 1964 PA 183, entitled “An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations,” by amending sections 3, 5, 7, and 8 (MCL 830.413, 830.415, 830.417, and 830.418), sections 3 and 7 as amended by 2005 PA 67, section 5 as amended by 1994 PA 252, and section 8 as amended by 2002 PA 382.
House Bill No. 5881, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2011 PA 264.
House Bill No. 5931, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 111a (MCL 400.111a), as amended by 2000 PA 187.
House Bill No. 4115, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 64b (MCL 41.64b), as added by 1989 PA 77.
House Bill No. 4838, entitled
A bill to authorize interstate mutual aid for certain emergency responses; to provide for the recognition of certain credentials of emergency responders from other states; and to provide for certain civil immunity.
House Bill No. 5269, entitled
A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending section 41 (MCL 55.301).
House Bill No. 5852, entitled
A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28e (MCL 290.628e), as added by 2012 PA 254.
House Bill No. 5892, entitled
A bill to amend 1984 PA 424, entitled “Rental-purchase agreement act,” by amending sections 7, 8, and 20 (MCL 445.957, 445.958, and 445.970).
House Bill No. 5936, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2011 PA 159.
House Bill No. 5883, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2012 PA 245.
House Bill No. 5952, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 401c (MCL 484.1401c), as amended by 2012 PA 260.
House Bill No. 5156, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1201, 1222, and 1224 (MCL 500.1201, 500.1222, and 500.1224), sections 1201 and 1224 as amended by 2001 PA 228.
House Bill No. 5047, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2002 PA 505.
House Bill No. 6030, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Ingham and Wayne counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; and to provide for disposition of revenue derived from the conveyances.
House Bill No. 5600, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257.
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. 4975, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding article 26A.
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. 5891, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2112, 2116, 2248, 3109, and 3109a (MCL 500.2112, 500.2116, 500.2248, 500.3109, and 500.3109a), sections 2112 and 2116 as amended by 1980 PA 461.
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 amendments, the following bill:
House Bill No. 5692, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 71, 72, and 73 (MCL 750.71, 750.72, and 750.73).
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 1, line 7, after ““BUILDING”” by striking out the comma and “IN ADDITION TO ITS ORDINARY MEANING,”.
2. Amend page 2, line 21, after “MEANS” by striking out “A SERIOUS” and inserting “AN”.
3. Amend page 2, line 22, after “TO,” by striking out “A CONTUSION;” and inserting “THE”.
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:
House Bill No. 5694, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 77, 78, and 79 (MCL 750.77, 750.78, and 750.79), section 77 as amended by 1998 PA 312.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 4, line 13, after “ANY” by striking out the balance of the subsection and inserting “PERSONAL PROPERTY HAVING A VALUE OF $1,000.00 OR LESS AND WHO HAS 1 OR MORE PRIOR CONVICTIONS IS GUILTY OF FIFTH DEGREE ARSON.”.
2. Amend page 4, line 21, after “PROPERTY” by striking out “OR ITS CONTENTS”.
3. Amend page 4, line 22, by striking out all of subsection (3) and inserting:
“(3) FIFTH DEGREE ARSON IS A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN $2,000.00 OR 3 TIMES THE VALUE OF THE PROPERTY DAMAGED OR DESTROYED, WHICHEVER IS GREATER, OR BOTH IMPRISONMENT AND A FINE.”.
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended 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. 5695, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16c of chapter XVII (MCL 777.16c), as amended by 2000 PA 279.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 3, following line 1, by inserting:
“Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.” and renumbering the remaining enacting section.
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5196, entitled
A bill to require public employers to report information concerning public employees and severance packages for public employees; to require electronic posting of compensation information; and to require duties of certain state departments and agencies.
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 amendment, the following bill:
House Bill No. 4263, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2918 (MCL 600.2918).
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 4, line 10, after “section” by striking out “5714(1)(d)” and inserting “5714(1)(F)”.
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.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 5843, entitled
A bill to prohibit organized retail crime and to provide penalties for that crime; to provide for forfeiture of and restitution for stolen retail merchandise in certain circumstances; to create the organized retail crime advisory board and to prescribe its powers and duties; and to provide for the administration of this act.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 5, line 6, after “of” by striking out “law enforcement” and inserting “a city, village, or township police department or of a county sheriff department”.
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4726, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2011 PA 14.
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. 5831, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 115, 221, 237a, 241, 242, 246, 248, 249, and 393 (MCL 18.1115, 18.1221, 18.1237a, 18.1241, 18.1242, 18.1246, 18.1248, 18.1249, and 18.1393), sections 115, 221, 242, 246, 248, and 393 as amended and section 237a as added by 1999 PA 8 and section 241 as amended by 2010 PA 22, and by adding sections 221a, 238, and 242a.
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. 5422, entitled
A bill to amend 1982 PA 415, entitled “Correctional officers’ training act of 1982,” by amending section 12 (MCL 791.512), as amended by 2004 PA 583, and by adding section 15a.
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. 4446, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 114.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 8, line 23, after “THIS” by striking out “ACT” and inserting “SUBSECTION”.
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:
House Bill No. 5817, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2008 PA 556.
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. 5261, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2010 PA 75.
Substitute (S-3).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 5, line 22, after “(5)” by striking out “OR (9)” and inserting a comma and “(9), OR (10)”.
2. Amend page 6, line 11, after “(9)” by inserting “OR (10)”.
3. Amend page 7, following line 25, by inserting:
“(10) UNTIL JULY 1, 2014, SUBSECTION (1) DOES NOT APPLY TO A RETIRANT WHO RETIRES ON OR AFTER JULY 1, 2010; WHO FOLLOWING A BONA FIDE TERMINATION, INCLUDING NOT WORKING IN THE MONTH OF HIS OR HER RETIREMENT EFFECTIVE DATE, BECOMES EMPLOYED AS AN INSTRUCTIONAL COACH OR A SCHOOL IMPROVEMENT FACILITATOR BY AN ENTITY OTHER THAN THE REPORTING UNIT OR AS AN INDEPENDENT CONTRACTOR; AND WHOSE AMOUNT OF EARNINGS ATTRIBUTABLE TO EMPLOYMENT AT A REPORTING UNIT IN A CALENDAR YEAR DOES NOT EXCEED 1/3 OF HIS OR HER FINAL AVERAGE COMPENSATION. A RETIRANT DESCRIBED IN THIS SUBSECTION IS NOT ELIGIBLE TO USE ANY SERVICE OR COMPENSATION ATTRIBUTABLE TO THE EMPLOYMENT DESCRIBED IN THIS SUBSECTION FOR A RECOMPUTATION OF HIS OR HER RETIREMENT ALLOWANCE. THE REPORTING UNIT AT WHICH THE RETIRANT PROVIDES THE SERVICES DESCRIBED IN THIS SUBSECTION SHALL PAY 100% OF THE CONTRIBUTION RATES FOR THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR RETIREE HEALTH CARE AND THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR PENSION TO THE RETIREMENT SYSTEM FOR THE EMPLOYMENT DESCRIBED IN THIS SUBSECTION. THE REPORTING UNIT SHALL REPORT THE ENGAGEMENT OF INSTRUCTIONAL COACHES OR SCHOOL IMPROVEMENT FACILITATORS TO THE RETIREMENT SYSTEM AT THE SAME INTERVAL THE REPORTING UNIT REPORTS INFORMATION TO THE RETIREMENT SYSTEM WITH REGARD TO ITS OTHER EMPLOYEES. THE REPORTING UNIT SHALL INCLUDE IN THE REPORT THE NAME OF THE INSTRUCTIONAL COACH OR SCHOOL IMPROVEMENT FACILITATOR AND THE TOTAL EARNINGS PAID TO THE COACH OR FACILITATOR FOR THAT REPORTING PERIOD. IN ORDER TO COMPLY WITH THE REPORTING REQUIREMENTS OF THIS SUBSECTION, A REPORTING UNIT SHALL OBTAIN FROM THE COACH’S OR FACILITATOR’S EMPLOYER A LIST OF ALL INSTRUCTIONAL COACHES AND SCHOOL IMPROVEMENT FACILITATORS THE EMPLOYER SUPPLIES TO THAT REPORTING UNIT AND THE TOTAL EARNINGS PAID TO EACH COACH OR FACILITATOR FOR THE REPORTING PERIOD. AN EMPLOYER OTHER THAN A REPORTING UNIT THAT EMPLOYS INSTRUCTIONAL COACHES OR SCHOOL IMPROVEMENT FACILITATORS AS DESCRIBED IN THIS SUBSECTION SHALL PROVIDE TO THE REPORTING UNIT ALL INFORMATION THAT THE REPORTING UNIT IS REQUIRED TO REPORT TO THE RETIREMENT SYSTEM UNDER THIS SUBSECTION. FOR THE PURPOSES OF THIS SUBSECTION, AN EMPLOYER INCLUDES AN INDEPENDENT CONTRACTOR. AS USED IN THIS SUBSECTION, “INSTRUCTIONAL COACH” AND “SCHOOL IMPROVEMENT FACILITATOR” MEAN THOSE TERMS AS USED IN THE LISTING OF CRITICAL SHORTAGE DISCIPLINES DEVELOPED BY THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION UNDER SUBSECTION (4).”.
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:
House Bill No. 6029, entitled
A bill to authorize the state administrative board to convey certain state-owned property in Grand Traverse, Otsego, and Schoolcraft counties and to accept and convey certain other property in Grand Traverse county; to prescribe conditions for the acceptance and the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; to provide for disposition of revenue derived from the conveyances; and to authorize the state administrative board to transfer certain state-owned property in Jackson county from the state transportation department to the department of corrections.
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. 5839, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 87c (MCL 211.87c), as amended by 2002 PA 165.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 2, following line 13, by inserting:
“(C) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT OR OTHER LAW TO THE CONTRARY, A COUNTY SHALL NOT PAY ANY SUMS DUE TO A COUNTY TREASURER FOR SERVICES AS AGENT FOR THAT COUNTY THAT HAVE NOT BEEN PAID PRIOR TO THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION.”.
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.
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. 4975
House Bill No. 5271
House Bill No. 5444
House Bill No. 5445
House Bill No. 5890
House Bill No. 5891
House Bill No. 5805
House Bill No. 5282
House Bill No. 5692
House Bill No. 5693
House Bill No. 5694
House Bill No. 5695
House Bill No. 5902
House Bill No. 5196
House Bill No. 5917
House Bill No. 5922
House Bill No. 5415
House Bill No. 4263
House Bill No. 5055
House Bill No. 5843
House Bill No. 4726
House Bill No. 5557
House Bill No. 5937
House Bill No. 5404
House Bill No. 5801
House Bill No. 5839
House Bill No. 5830
House Bill No. 5831
House Bill No. 5881
House Bill No. 5931
House Bill No. 5422
House Bill No. 4115
House Bill No. 4838
House Bill No. 5269
House Bill No. 5852
House Bill No. 5892
House Bill No. 4446
House Bill No. 5936
House Bill No. 5883
House Bill No. 5817
House Bill No. 5952
House Bill No. 5156
House Bill No. 5047
House Bill No. 5261
House Bill No. 6029
House Bill No. 6030
House Bill No. 5600
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 11:26 a.m.
11:45 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
Senator Richardville asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Richardville’s statement is as follows:
Colleagues, it is with much appreciation and gratitude that I ask you to join me to pay tribute to the exceptional work of Julie Wood as she departs the Michigan State Senate for a much-deserved retirement.
Julie has served the Office of the Secretary of the Senate with distinction for 12 years, most recently as a Session Enrolling Clerk. As a Session Enrolling Clerk with the Senate staff, Julie has played a vital role in the processing of bills and resolutions and the presentation of enrolled bills to the Governor. In other words, she makes all of you look a little better than you really are.
Her attention to detail and expertise have ensured the accuracy of legislation enacted by the Michigan Legislature. Julie has also assisted with the transcription of the remarks of Senators and other session-related duties. She has consistently performed her duties in a diligent manner with pride, competence, and integrity. The professionalism that Julie has displayed has contributed a great deal to the efficiency of this institution and for the people of the great state of Michigan.
On behalf of the lawmakers, staff, and all who have worked with Julie, we extend our congratulations to her on the occasion of her retirement. We also wish Julie and her husband Ed and their family much happiness.
The following bill was read a third time:
House Bill No. 4975, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 602 (MCL 339.602), as amended by 2007 PA 157, and by adding article 26A.
The question being on the passage of the bill,
Senator Booher offered the following substitute:
Substitute (S-3).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 939 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: President
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 revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; 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. 5271, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 38a.
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. 940 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: President
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 and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments,”.
The Senate agreed to the full title.
Recess
Senator Meekhof moved that the Senate recess until 1:15 p.m.
The motion prevailed, the time being 11:55 a.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 at the call of the Chair.
The motion prevailed, the time being 1:16 p.m.
1:24 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator Hansen.
The following bill was read a third time:
House Bill No. 5444, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4r (MCL 205.54r), as amended by 2004 PA 173.
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. 941 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—0
Not Voting—1
Gleason
In The Chair: Hansen
Senator Hunter moved that Senator Gleason be temporarily excused from the balance of today’s session.
The motion prevailed.
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 raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5445, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4k (MCL 205.94k), as amended by 2009 PA 54.
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. 942 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Gleason
Not Voting—0
In The Chair: Hansen
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 levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5890, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1238 (MCL 500.1238), as added by 1984 PA 5.
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. 943 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Green Johnson Pavlov Whitmer
Nays—1
Young
Excused—1
Gleason
Not Voting—0
In The Chair: Hansen
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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5891, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2112, 2116, 2248, 3109, and 3109a (MCL 500.2112, 500.2116, 500.2248, 500.3109, and 500.3109a), sections 2112 and 2116 as amended by 1980 PA 461.
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. 944 Yeas—25
Booher Hansen Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Jansen Moolenaar Robertson
Colbeck Jones Nofs Schuitmaker
Emmons Kahn Pappageorge Walker
Green
Nays—12
Anderson Hood Johnson Warren
Bieda Hopgood Rocca Whitmer
Gregory Hunter Smith Young
Excused—1
Gleason
Not Voting—0
In The Chair: Hansen
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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”.
The Senate agreed to the full title.
Senator Gleason entered the Senate Chamber.
The following bill was read a third time:
House Bill No. 5805, entitled
A bill to recognize the operation of health care sharing ministries by eligible entities; and to provide that entities that establish and operate health care sharing ministries are not engaging in the business of insurance.
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. 945 Yeas—36
Anderson Green Johnson Pavlov
Bieda Gregory Jones Proos
Booher Hansen Kahn Richardville
Brandenburg Hildenbrand Kowall Robertson
Casperson Hood Marleau Rocca
Caswell Hopgood Meekhof Schuitmaker
Colbeck Hune Moolenaar Smith
Emmons Hunter Nofs Walker
Gleason Jansen Pappageorge Whitmer
Nays—2
Warren Young
Excused—0
Not Voting—0
In The Chair: Hansen
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:
House Bill No. 5282, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231a (MCL 750.231a), as amended by 2008 PA 196.
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. 946 Yeas—36
Anderson Green Johnson Pavlov
Bieda Gregory Jones Proos
Booher Hansen Kahn Richardville
Brandenburg Hildenbrand Kowall Robertson
Casperson Hood Marleau Rocca
Caswell Hopgood Meekhof Schuitmaker
Colbeck Hune Moolenaar Smith
Emmons Hunter Nofs Walker
Gleason Jansen Pappageorge Warren
Nays—2
Whitmer Young
Excused—0
Not Voting—0
In The Chair: Hansen
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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5692, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 71, 72, and 73 (MCL 750.71, 750.72, and 750.73).
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. 947 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: Hansen
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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5693, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 74, 75, and 76 (MCL 750.74, 750.75, and 750.76), section 74 as amended by 1998 PA 312.
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. 948 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5694, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 77, 78, and 79 (MCL 750.77, 750.78, and 750.79), section 77 as amended by 1998 PA 312.
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. 949 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5695, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16c of chapter XVII (MCL 777.16c), as amended by 2000 PA 279.
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. 950 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5902, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17d of chapter XVII (MCL 777.17d), as added by 2002 PA 28.
The question being on the passage of the bill,
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. 5196, entitled
A bill to require the civil service commission to report information concerning certain public employees; to require electronic posting of compensation and other information concerning certain public employees; and to require duties of certain state departments and agencies.
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. 951 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: Hansen
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:
House Bill No. 5917, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 19 (MCL 408.1019), as amended by 1991 PA 105; and to repeal acts and parts of acts.
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. 952 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: Hansen
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 prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5922, entitled
A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending sections 4, 6, 11, 16, 21, and 69 (MCL 408.1004, 408.1006, 408.1011, 408.1016, 408.1021, and 408.1069), section 11 as amended by 1986 PA 80 and sections 16 and 21 as amended by 1991 PA 105; and to repeal acts and parts of acts.
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. 953 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: Hansen
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 prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5415, entitled
A bill to create the Father Marquette national memorial and Mackinac straits area museum advisory board; and to prescribe the powers and duties of certain state agencies and officials.
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. 954 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: Hansen
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:
House Bill No. 4263, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2918 (MCL 600.2918).
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. 955 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: Hansen
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 revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; 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. 5055, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 11a.
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. 956 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: Hansen
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 welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5843, entitled
A bill to prohibit organized retail crime and to provide penalties for that crime; to provide for forfeiture of and restitution for stolen retail merchandise in certain circumstances; to create the organized retail crime advisory board and to prescribe its powers and duties; and to provide for the administration of this act.
The question being on the passage of the bill,
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. 4726, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2011 PA 269.
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. 957 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: Hansen
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 welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,”.
The Senate agreed to the full title.
Senator Richardville asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Richardville’s statement is as follows:
Up in the east Gallery today is Clint Tarver, and he is commonly known around Lansing as the “Hot Dog Guy,” and he supplied lunch today. I just wanted to welcome him and thank him for what he did this afternoon and hope that all is going well for you.
The following bill was read a third time:
House Bill No. 5557, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as amended by 2009 PA 213.
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. 958 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: Hansen
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:
House Bill No. 5937, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3a, 4, and 4o (MCL 205.93a, 205.94, and 205.94o), section 3a as amended by 2012 PA 299, section 4 as amended by 2008 PA 314, and section 4o as amended by 2010 PA 115.
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. 959 Yeas—33
Booher Hansen Kowall Richardville
Brandenburg Hildenbrand Marleau Robertson
Casperson Hood Meekhof Rocca
Caswell Hune Moolenaar Schuitmaker
Colbeck Hunter Nofs Smith
Emmons Jansen Pappageorge Walker
Gleason Jones Pavlov Whitmer
Green Kahn Proos Young
Gregory
Nays—5
Anderson Hopgood Johnson Warren
Bieda
Excused—0
Not Voting—0
In The Chair: Hansen
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 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 levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5404, entitled
A bill to amend 1967 PA 288, entitled “Land division act,” by amending sections 109 and 182 (MCL 560.109 and 560.182), section 109 as amended by 1997 PA 87.
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. 960 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: Hansen
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 division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained prior to the recording and filing of plats and other land divisions; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; 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. 5801, entitled
A bill to enter into the state and province emergency management assistance agreement.
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. 961 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: Hansen
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:
House Bill No. 5839, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 87c (MCL 211.87c), as amended by 2002 PA 165.
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. 962 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: Hansen
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 assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The President, Lieutenant Governor Calley, resumed the Chair.
The following bill was read a third time:
House Bill No. 5830, entitled
A bill to amend 1964 PA 183, entitled “An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations,” by amending sections 3, 5, 7, and 8 (MCL 830.413, 830.415, 830.417, and 830.418), sections 3 and 7 as amended by 2005 PA 67, section 5 as amended by 1994 PA 252, and section 8 as amended by 2002 PA 382.
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. 963 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: President
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:
House Bill No. 5831, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 115, 221, 237a, 241, 242, 246, 248, 249, and 393 (MCL 18.1115, 18.1221, 18.1237a, 18.1241, 18.1242, 18.1246, 18.1248, 18.1249, and 18.1393), sections 115, 221, 242, 246, 248, and 393 as amended and section 237a as added by 1999 PA 8 and section 241 as amended by 2010 PA 22, and by adding sections 221a, 238, and 242a.
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. 964 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: President
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 prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; 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. 5881, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2011 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. 965 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
Anderson Gregory Johnson Warren
Bieda Hood Rocca Whitmer
Caswell Hopgood Smith Young
Gleason Hunter
Excused—0
Not Voting—0
In The Chair: President
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.
The following bill was read a third time:
House Bill No. 5931, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 111a (MCL 400.111a), as amended by 2000 PA 187.
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. 966 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: President
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 welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5422, entitled
A bill to amend 1982 PA 415, entitled “Correctional officers’ training act of 1982,” by amending section 12 (MCL 791.512), as amended by 2004 PA 583 and by adding section 15a.
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. 967 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: President
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 improve the training and education of state correctional officers; to provide for the certification of state correctional officers and the development of standards and requirements for state correctional officers; to provide for the creation of a correctional officers’ training council and a central training academy; and to prescribe the powers and duties of certain state agencies,”.
The Senate agreed to the full title.
The President pro tempore, Senator Schuitmaker, assumed the Chair.
The following bill was read a third time:
House Bill No. 4115, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 64b (MCL 41.64b), as added by 1989 PA 77.
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. 968 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 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:
House Bill No. 4838, entitled
A bill to authorize interstate mutual aid for certain emergency responses; to provide for the recognition of certain credentials of emergency responders from other states; and to provide for certain civil immunity.
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. 969 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 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:
House Bill No. 5269, entitled
A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending section 41 (MCL 55.301).
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. 970 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 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 qualification, appointment, and regulation of notaries; to provide for the levy, assessment, and collection of certain service charges and fees and to provide for their disposition; to create certain funds for certain purposes; to provide for liability for certain persons; to provide for the admissibility of certain evidence; to prescribe powers and duties of certain state agencies and local officers; to provide for 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. 5852, entitled
A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28e (MCL 290.628e), as added by 2012 PA 254.
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. 971 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 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 and provide standards for weights and measures, and the packaging and advertising of certain commodities; to provide for a state director and other officials and to prescribe their powers and duties; to provide a fee system for certain inspections and tests; to provide penalties for fraud and deception in the use of false weights and measures and other violations; 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. 5892, entitled
A bill to amend 1984 PA 424, entitled “Rental-purchase agreement act,” by amending sections 7, 8, and 20 (MCL 445.957, 445.958, and 445.970).
The question being on the passage of the bill,
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:53 p.m.
3:14 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
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 Committee Reports, be placed on the General Orders calendar for consideration today:
House Bill No. 5732
House Bill No. 5367
The motion prevailed, a majority of the members serving voting therefor.
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 Jansen 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 bill:
House Bill No. 5732, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 435 and 510 (MCL 208.1435 and 208.1510), section 435 as amended by 2010 PA 310 and section 510 as amended by 2011 PA 292.
The bill 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. 6007, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 24, 25, 27, 34c, and 53 (MCL 211.24, 211.25, 211.27, 211.34c, and 211.53), section 24 as amended by 2002 PA 620, section 27 as amended by 2010 PA 340, section 34c as amended by 2011 PA 320, and section 53 as amended by 1983 PA 24, and by adding sections 7oo, 7pp, and 7qq; and to repeal acts and parts of acts.
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. 6008, entitled
A bill to levy specific taxes on certain nonferrous metallic minerals on certain taxpayers in this state; to provide for the levy, collection, and administration of the specific tax; to provide certain reporting requirements; to provide for certain penalties; to provide certain exemptions, credits, and refunds; and to provide for the distribution of the specific tax.
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 amendments, the following bill:
House Bill No. 6009, entitled
A bill to establish certain programs that promote the sustainability of land-based industries and support infrastructure that benefits rural communities; to establish a fund and provide for its use; and to prescribe the powers and duties of certain state agencies and officials.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 7, line 12, after “communities” by inserting “and micropolitan statistical areas described in the 2010 standards for delineating metropolitan and micropolitan statistical areas of the United States office of management and budget, 75 FR 123, p 37246 (June 28, 2010)”.
2. Amend page 7, line 20, after “upon” by inserting “legislative”.
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended 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. 6010, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4dd.
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. 6011, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4aa.
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. 6012, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 623 (MCL 206.623), as amended by 2011 PA 312, and by adding section 31b.
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. 5367, 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.
Substitute (S-2).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 2, following line 6, by inserting:
“Sec. 102. DEPARTMENT OF HUMAN SERVICES
(1) APPROPRIATION SUMMARY
GROSS APPROPRIATION.......................................................................................................... $ 3,300,000
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers................................................... 0
ADJUSTED GROSS APPROPRIATION..................................................................................... $ 3,300,000
Federal revenues:
Social security act, temporary assistance for needy families....................................................... 300,000
Special revenue funds:
Total local revenues...................................................................................................................... 0
Total private revenues................................................................................................................... 0
Total other state restricted revenues............................................................................................. 0
State general fund/general purpose.............................................................................................. $ 3,000,000
(2) PUBLIC ASSISTANCE
Unclaimed bodies......................................................................................................................... $ (1,000,000)
Indigent burial.............................................................................................................................. 4,300,000
GROSS APPROPRIATION.......................................................................................................... $ 3,300,000
Appropriated from:
Federal revenues:
Social security act, temporary assistance for needy families....................................................... 300,000
State general fund/general purpose.............................................................................................. $ 3,000,000”
and adjusting the subtotals, totals, and section 201 accordingly.
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.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
The following bill was read a third time:
House Bill No. 4446, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 324.
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. 972 Yeas—34
Anderson Gregory Kahn Proos
Bieda Hansen Kowall Richardville
Booher Hildenbrand Marleau Robertson
Brandenburg Hood Meekhof Rocca
Casperson Hune Moolenaar Schuitmaker
Caswell Hunter Nofs Smith
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Gleason Jones
Nays—0
Excused—0
Not Voting—4
Green Hopgood Walker Young
In The Chair: Schuitmaker
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 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 assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
Senator Meekhof moved to reconsider the vote by which the bill was passed.
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. 973 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 following bill was read a third time:
House Bill No. 5936, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2011 PA 159.
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. 974 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
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 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 registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5883, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2012 PA 245.
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. 975 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 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 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. 5817, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2008 PA 556.
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. 976 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 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 raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5952, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 401c (MCL 484.1401c), as amended by 2012 PA 260.
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. 977 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 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. 5156, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1201, 1222, and 1224 (MCL 500.1201, 500.1222, and 500.1224), sections 1201 and 1224 as amended by 2001 PA 228.
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. 978 Yeas—36
Bieda Gregory Kahn Richardville
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Gleason Johnson Pavlov Whitmer
Green Jones Proos Young
Nays—0
Excused—0
Not Voting—2
Anderson Hood
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 revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5047, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2002 PA 505.
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. 979 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 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 assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; 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. 5261, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2010 PA 75.
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. 980 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 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 a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; 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. 6029, entitled
A bill to authorize the state administrative board to convey certain state-owned property in Grand Traverse, Otsego, and Alger counties and to accept and convey certain other property in Grand Traverse county; to prescribe conditions for the acceptance and the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; to provide for disposition of revenue derived from the conveyances; and to authorize the state administrative board to transfer certain state-owned property in Jackson county from the state transportation department to the department of corrections.
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. 981 Yeas—27
Booher Hansen Marleau Richardville
Brandenburg Hildenbrand Meekhof Robertson
Casperson Hune Moolenaar Rocca
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn Pavlov Young
Green Kowall Proos
Nays—11
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith
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:
House Bill No. 6030, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Ingham, Schoolcraft, and Wayne counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; and to provide for disposition of revenue derived from the conveyances.
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. 982 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 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:
House Bill No. 5600, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 1996 PA 257.
The question being on the passage of the bill,
Senator Jones offered the following amendments:
1. Amend page 1, line 4, after “THAN” by striking out the balance of the line through “MISDEMEANORS” on line 5 and inserting “3 JUVENILE OFFENSES, OF WHICH NOT MORE THAN 1 MAY BE A JUVENILE OFFENSE THAT WOULD BE A FELONY”.
2. Amend page 1, line 7, after “court” by inserting “OR ADJUDICATING COURTS”.
3. Amend page 2, line 3, after “ADULT” by inserting “OR IF THERE IS NO ADJUDICATIONS FOR A FELONY IF COMMITTED BY AN ADULT, NOT MORE THAN 3 ADJUDICATIONS FOR AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT”.
4. Amend page 6, line 6, after “ADULT” by inserting “OR IF THERE IS NO ADJUDICATIONS FOR A FELONY IF COMMITTED BY AN ADULT, NOT MORE THAN 3 ADJUDICATIONS FOR AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT”.
5. Amend page 7, line 15, after “ADULT” by inserting “OR IF THERE IS NO ADJUDICATIONS FOR A FELONY IF COMMITTED BY AN ADULT, NOT MORE THAN 3 ADJUDICATIONS FOR AN OFFENSE THAT WOULD BE A MISDEMEANOR IF COMMITTED BY AN ADULT”.
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. 983 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 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 revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to consideration of the following bill:
House Bill No. 5902, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17d of chapter XVII (MCL 777.17d), as added by 2002 PA 28.
(This bill was read a third time earlier today and consideration postponed. See p. 2593.)
The question being on the passage of the bill,
Senator Jones offered the following amendment:
1. Amend page 2, line 9, after “effect” by striking out “January 1, 2013.” and inserting “March 31, 2013.”.
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. 984 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 question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to consideration of the following bill:
House Bill No. 5843, entitled
A bill to prohibit organized retail crime and to provide penalties for that crime; to provide for forfeiture of and restitution for stolen retail merchandise in certain circumstances; to create the organized retail crime advisory board and to prescribe its powers and duties; and to provide for the administration of this act.
(This bill was read a third time earlier today and consideration postponed. See p. 2598.)
The question being on the passage of the bill,
Senator Jones offered the following amendment:
1. Amend page 6, line 22, after “effect” by striking out “January 1” and inserting “March 31”.
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. 985 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 question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to consideration of the following bill:
House Bill No. 5892, entitled
A bill to amend 1984 PA 424, entitled “Rental-purchase agreement act,” by amending sections 7, 8, and 20 (MCL 445.957, 445.958, and 445.970).
(This bill was read a third time earlier today and consideration postponed. See p. 2610.)
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. 986 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
Senator Meekhof moved that the bill be given immediate effect.
The motion did not prevail, 2/3 of the members serving not voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to define and regulate rental-purchase agreements; to require certain disclosures; and to provide for remedies and penalties,”.
The Senate agreed to the full title.
Senator Meekhof moved to reconsider the vote by which the following bill was passed:
House Bill No. 5271, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 38a.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Senator Booher offered the following substitute:
Substitute (S-1).
The substitute 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. 987 Yeas—33
Anderson Hansen Jones Proos
Bieda Hildenbrand Kahn Richardville
Booher Hood Kowall Schuitmaker
Casperson Hopgood Marleau Smith
Colbeck Hune Meekhof Walker
Emmons Hunter Moolenaar Warren
Gleason Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Gregory
Nays—5
Brandenburg Nofs Robertson Rocca
Caswell
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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:
House Bill No. 6007
House Bill No. 6008
House Bill No. 6009
House Bill No. 6010
House Bill No. 6011
House Bill No. 6012
House Bill No. 5732
House Bill No. 5367
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 6007
House Bill No. 6008
House Bill No. 6009
House Bill No. 6010
House Bill No. 6011
House Bill No. 6012
House Bill No. 5668
House Bill No. 4725
House Bill No. 5220
House Bill No. 5873
House Bill No. 5437
House Bill No. 4853
House Bill No. 4856
House Bill No. 4834
House Bill No. 4851
House Bill No. 5732
House Bill No. 5367
The motion prevailed.
The following bill was read a third time:
House Bill No. 6007, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 24, 25, 27, 34c, and 53 (MCL 211.24, 211.25, 211.27, 211.34c, and 211.53), section 24 as amended by 2002 PA 620, section 27 as amended by 2010 PA 340, section 34c as amended by 2011 PA 320, and section 53 as amended by 1983 PA 24, and by adding sections 7oo, 7pp, and 7qq; and to repeal acts and parts of acts.
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. 988 Yeas—26
Bieda Green Kowall Pavlov
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn
Nays—12
Anderson Hood Johnson Warren
Gleason Hopgood Rocca Whitmer
Gregory Hunter 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 provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
Senator Casperson asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Casperson’s statement is as follows:
I rise in support of House Bill No. 6007 and the bills that are associated with it. For a brief moment—I know we’re pressed for time—I need to speak to it briefly, and I just want to thank some people who were involved in this. This has been a long, long process, and a lot of people have put so much into it.
I want to start with the administration. Director Creagh and Valerie Brader put an awful lot of time into this, and I want to thank them for their leadership in helping us get this through. When they travelled to meetings, I want you to understand they were travelling from Lansing to Marquette for a lot of these meetings. I just want to give them a special thanks for everything they did.
I also want to thank the companies. We were dealing with Orvana. We were dealing with Hub Bay. I want to give a special thanks to Kennecott, who came to the Upper Peninsula and started this project, for their professionalism in helping us get through this.
I want to thank the local units of government. They stepped up. We worked with them diligently through this. It wasn’t easy. Any time you’re dealing with millions of dollars and where it goes, it becomes very, very difficult, but everybody stayed together and everybody got this done. I want to thank those who were involved and helped to get this done here who were in the process. Special thanks go to our Representative from the 110th District for everything he did. He led this thing from the beginning; nobody knows this process better than he does. His heart was certainly in the Upper Peninsula and creating jobs for our people. I want to thank the Representative from the 81st District who was the chair of Tax Policy, handling it over in the House. He shepherded it through to us.
I also want to thank the Senator from the 15th District who, when we went to him with Economic Development, he brought it up. He understood everything that was going on and shepherded it through to ultimately get it here.
I have a brief statement I want to make because of the real and likely expectation of a significant increase in mineral exploration, extraction, and processing, I want to also say that although this is an exciting time and one of real hope for the U.P. in particular, this bill is not intended to create governmental dependency on the revenue generated through the severance tax. As any individual mine will have a limited life, this bill serves as a reminder that we must find additional ways to reduce unreasonable regulations standing in the way of using our natural resources strategically, sustainably, and responsibly.
In that vein, we must not place additional burdens on existing natural resource-based employers, like existing mine operations, or seek additional or alternative forms of revenue from these companies. Instead, we must continue the exceptional efforts that made this package of bills a reality and look to expand the use of natural resource-based businesses that stand before us.
The following bill was read a third time:
House Bill No. 6008, entitled
A bill to levy specific taxes on certain nonferrous metallic minerals on certain taxpayers in this state; to provide for the levy, collection, and administration of the specific tax; to provide certain reporting requirements; to provide for certain penalties; to provide certain exemptions, credits, and refunds; and to provide for the distribution of the specific tax.
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. 989 Yeas—26
Bieda Green Kowall Pavlov
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn
Nays—12
Anderson Hood Johnson Warren
Gleason Hopgood Rocca Whitmer
Gregory Hunter 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:
House Bill No. 6009, entitled
A bill to establish certain programs that promote the sustainability of land-based industries and support infrastructure that benefits rural communities; to establish a fund and provide for its use; and to prescribe the powers and duties of certain state agencies and officials.
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. 990 Yeas—26
Bieda Green Kowall Pavlov
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn
Nays—12
Anderson Hood Johnson Warren
Gleason Hopgood Rocca Whitmer
Gregory Hunter 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:
House Bill No. 6010, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4dd.
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. 991 Yeas—26
Bieda Green Kowall Pavlov
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn
Nays—12
Anderson Hood Johnson Warren
Gleason Hopgood Rocca Whitmer
Gregory Hunter 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 provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 6011, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4aa.
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. 992 Yeas—26
Bieda Green Kowall Pavlov
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn
Nays—12
Anderson Hood Johnson Warren
Gleason Hopgood Rocca Whitmer
Gregory Hunter 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 provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 6012, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 623 (MCL 206.623), as amended by 2011 PA 312, and by adding section 31b.
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. 993 Yeas—26
Bieda Green Kowall Pavlov
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn
Nays—12
Anderson Hood Johnson Warren
Gleason Hopgood Rocca Whitmer
Gregory Hunter 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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; 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. 5668, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 217 and 235 (MCL 257.217 and 257.235), section 217 as amended by 2005 PA 36 and section 235 as amended by 2002 PA 652, and by adding section 235b.
The question being on the passage of the bill,
Senator Casperson offered the following substitute:
Substitute (S-7).
The question being on adoption of the substitute,
Senator Casperson offered the following amendment to the substitute:
1. Amend page 90, line 11, after “the” by striking out “PERMITTED” and inserting “maximum allowable”.
The amendment to the substitute was adopted.
Senator Casperson offered the following amendment to the substitute:
1. Amend page 82, line 3, after “agency.” by inserting “IN ADDITION, THIS SUBSECTION DOES NOT APPLY TO A VEHICLE DELIVERING PROPANE FUEL TO A RESIDENCE IF THE VEHICLE’S PROPANE TANK IS FILLED TO NOT MORE THAN 50% OF ITS CAPACITY AND THE VEHICLE IS TRAVELING AT NOT MORE THAN 35 MILES PER HOUR.”.
The amendment to the substitute was adopted.
The substitute as amended 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. 994 Yeas—21
Booher Hansen Meekhof Proos
Casperson Hune Moolenaar Richardville
Colbeck Jansen Nofs Robertson
Emmons Kahn Pappageorge Schuitmaker
Gleason Kowall Pavlov Walker
Gregory
Nays—17
Anderson Hildenbrand Johnson Smith
Bieda Hood Jones Warren
Brandenburg Hopgood Marleau Whitmer
Caswell Hunter Rocca Young
Green
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.
Senator Casperson offered to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 3a, 14, 40b, 217, 235, 248a, 251, 252d, 252g, 303, 304, 310, 319b, 320d, 602b, 642, 722, 724, 801, and 801c (MCL 257.3a, 257.14, 257.40b, 257.217, 257.235, 257.248a, 257.251, 257.252d, 257.252g, 257.303, 257.304, 257.310, 257.319b, 257.320d, 257.602b, 257.642, 257.722, 257.724, 257.801, and 257.801c), section 3a as added by 2008 PA 568, section 14 as amended by 2004 PA 495, section 40b as amended by 2008 PA 7, section 217 as amended by 2005 PA 36, section 235 as amended by 2002 PA 652, section 251 as amended by 2002 PA 642, sections 252d and 252g as amended by 2008 PA 539, sections 303, 304, and 319b as amended by 2012 PA 306, section 310 as amended by 2008 PA 36, section 320d as amended by 2010 PA 289, sections 602b and 801 as amended by 2011 PA 159, section 642 as amended by 2008 PA 304, sections 722 and 724 as amended by 2012 PA 252, and section 801c as amended by 2006 PA 298, and by adding sections 235b, 248d, and 801j.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
Protest
Senator Jones, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5668 and moved that the statement he made during the discussion of the amendments be printed as his reasons for voting “no.”
The motion prevailed.
Senator Jones’ statement is as follows:
My amendment is intended to amend the public transit legislation which has previously passed the Senate to exempt certain company test vehicles from a potential registration fee increase. The potential fee would be up to $1.20 per $1,000 value per vehicle. Due to their world headquarters being located in Michigan, certain auto manufacturing companies have a large fleet of test vehicles that will be affected.
Michigan is an automobile manufacturing state. Our largest private employer in Michigan is an automobile manufacturer which happens to be the largest automobile company in the world. They need to do product testing and evaluations, and we want them to do those here.
U.S. Treasury regulations even state that business reasons necessitate that the testing and evaluation of the product be performed off the employer’s business premises by employees. The testing programs are tax-exempt under U.S. Treasury regulations. The state should not put additional taxes/fees on the business operations of an auto company. We want to support auto companies in Michigan.
I’m going to withdraw this amendment today, but I will be back in January with a bill to fix this. Michigan needs to remain an auto company state.
The following bill was read a third time:
House Bill No. 4725, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 80 (MCL 780.830), as added by 1988 PA 21, and by adding sections 19b and 48b.
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. 995 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 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 establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers’ agents toward victims; and to provide for penalties and remedies,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5220, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” (MCL 205.701 to 205.779) by adding section 62b.
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. 996 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Gleason Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—1
Caswell
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 create the tax tribunal; to provide for personnel, jurisdiction, functions, practice and procedure; to provide for appeals; and to prescribe the powers and duties of certain state agencies; and to abolish certain boards,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5873, entitled
A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition act,” by amending the title and sections 1, 2, 3, 4, and 5 (MCL 390.1241, 390.1242, 390.1243, 390.1244, and 390.1245).
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. 997 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 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 waiver of tuition at state public institutions of higher education for children and surviving spouses of Michigan police officers and fire fighters killed in the line of duty; and to provide for an appropriation,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5437, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 32 (MCL 432.32), as amended by 1996 PA 13.
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. 998 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 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 establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create funds; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4853, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2010 PA 26.
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. 999 Yeas—36
Anderson Green Johnson Pavlov
Bieda Gregory Jones Proos
Booher Hansen Kahn Richardville
Brandenburg Hildenbrand Kowall Robertson
Casperson Hood Marleau Rocca
Caswell Hopgood Meekhof Schuitmaker
Colbeck Hune Moolenaar Smith
Emmons Hunter Nofs Walker
Gleason Jansen Pappageorge Whitmer
Nays—2
Warren 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 revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4856, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 474.
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. 1000 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 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 revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4834, entitled
A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 6 (MCL 333.26426).
The question being on the passage of the bill,
The bill was defeated, 3/4 of the members serving not voting therefor, as follows:
Roll Call No. 1001 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
Senator Meekhof moved to reconsider the vote by which the bill was defeated.
The motion prevailed.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members voting therefor, as follows:
Roll Call No. 1002 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 passage of the bill,
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. 4851, entitled
A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, and 8 (MCL 333.26423, 333.26424, and 333.26428).
The question being on the passage of the bill,
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. 5732, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 510 (MCL 208.1510), as amended by 2011 PA 292.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 1003 Yeas—37
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Gleason Johnson Pavlov Young
Green
Nays—0
Excused—0
Not Voting—1
Whitmer
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5367, 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 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. 1004 Yeas—34
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand 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—3
Brandenburg Marleau Rocca
Excused—0
Not Voting—1
Hood
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.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Meekhof moved that rule 3.202 be suspended to permit immediate consideration of the following bill:
Senate Bill No. 865
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 865, entitled
A bill to provide for the removal of a local government from receivership; to provide for a receivership transition advisory board; and to prescribe the powers and duties of the governor, other state departments and officials, and officials and employees of units of local government, including school districts.
The House of Representatives has substituted (H-6) the bill.
The House of Representatives has passed the bill as substituted (H-6) and amended the title to read as follows:
A bill to safeguard and assure the financial accountability of local units of government and school districts; to preserve the capacity of local units of government and school districts to provide or cause to be provided necessary services essential to the public health, safety, and welfare; to provide for review, management, planning, and control of the financial operation of local units of government and school districts and the provision of services by local units of government and school districts; to provide criteria to be used in determining the financial condition of local units of government and school districts; to authorize a declaration of the existence of a financial emergency within a local unit of government or school district; to prescribe remedial measures to address a financial emergency within a local unit of government or school district; to provide for a review and appeal process; to provide for the appointment and to prescribe the powers and duties of an emergency manager for a local unit of government or school district; to provide for the modification or termination of contracts under certain circumstances; to provide for the termination of a financial emergency within a local unit of government or school district; to provide a process by which a local unit of government or school district may file for bankruptcy; to prescribe the powers and duties of certain state agencies and officials and officials within local units of government and school districts; to provide for appropriations; and to repeal acts and parts of acts.
The question being on concurring in substitute made to the bill by the House.
Senator Johnson offered the following substitute to the House substitute:
Substitute (S-2)
The substitute to the substitute was not adopted.
Senator Hunter requested the yeas and nays
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The substitute to the substitute was not adopted, a majority of the members not voting therefor, as follows:
Roll Call No. 1005 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 Johnson offered the following amendment to the substitute
1. Amend page 71, following line 16, by inserting:
“Enacting section 1. This amendatory act does not take effect unless a hand-counted audit of the November 2012 election determines that the result of the referendum on 2011 PA 4 should be overturned.”.
The amendment to the substitute was not adopted.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment to the substitute was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 1006 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 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. 1007 Yeas—23
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Colbeck Jansen Nofs Rocca
Emmons Jones Pappageorge Walker
Green Kahn Pavlov
Nays—15
Anderson Gregory Johnson Warren
Bieda Hood Kowall Whitmer
Caswell Hopgood Schuitmaker Young
Gleason Hunter Smith
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 not concurred in, 2/3 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 recommendation was concurred in, 2/3 of the members serving voting therefor, as follows:
Roll Call No. 1008 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 as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Protests
Senators Caswell,Young, Gleason and Smith, under their constitutional right of protest (Art. 4, Sec. 18), protested against the concurring in the House substitute of Senate Bill No. 865 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Caswell’s statement is as follows:
I am following the dictates of my citizens back in my district who voted against this emergency manager bill.
Senator Young’s statement is as follows:
Let me see here, I think it was the good Senator from the 13th District who said, if I heard correctly, that the people could decide if they want help or not. Well, the people already decided, and they decided through a process called an election. Believe it or not, in that election, your side, Public Act 4, was defeated. Now I’m not a mathematician, but if you take a pie of 100 percent, I believe that 52 percent is higher. That’s how much of the vote we got: 52 percent, 52-48.
Last time I checked, the people already spoke. Last time I checked, they said they don’t want this law. So why do we need this law, then? If you’re trying to wait for locals to tell you what to do, the locals already told you what to do. They said pack it up. Get out of town. You don’t got to go home, but you’ve got to get out of here. That’s what the locals said, so why don’t we listen to what the locals and people said?
Madam President, in my opinion, someone who would sacrifice liberty permanently for austerity, temporarily does not deserve to lead our democracy. This is an assault on democracy. This is an assault on the Constitution. It’s wrong. It’s illegal. It’s despicable. The people already decided. We derive all of our power from the people. Since the last time I checked, we were elected by them. Maybe you’re so used to following Rick “Dictator” Snyder, you forgot that it was the people who put us up here.
So let me remind you, they voted for this, and they voted it down. So let’s honor the wishes of the people by voting this down.
Senator Gleason’s statement is as follows:
I represent the city of Flint. Earlier this week, I think the institution suffered immeasurably for trying to literally prostitute the legislative process. I represent the city of Flint. I think if we’re going to undertake a measure such as this, there should be a workgroup of people who are impacted by this. You should take the concerned parties and sit down at a table and find a common resolution.
When I look at how we do our business in this Capitol, it’s discouraging. I want to remind you of one thing: This is not the first time I’ve been upset about this process. I want you to just listen to this and see how you were affected by this. Only a few months ago, the Governor told the citizens of Michigan—and probably more important, us—that he had a way to skirt the legislative process to build the bridge. I was offended by that because I think there is a purpose for the different branches of government and the rules that we all undertake.
Flint is in dire straits. There is some culpability from the current officeholders. All of us make mistakes and do things that we shouldn’t, but Flint is not unlike many urban centers across this country. When the manufacturing business gave out, they lost a very secure and longtime sustaining tax base. Who among us would’ve been able to survive that situation? It’s not unique that Flint is like most of the other communities. It’s an urban center that once was bustling with a manufacturing center that now is gone. Most of the things, we’re still paying for—whether it’s the public infrastructure or whether it’s the schools or whether it’s the universities that were established in these communities—are still old obligations. But the tax base has been so suppressed that they can’t take care of the day-to-day obligations. This should be no surprise to any of you. When we addressed this issue several months back, I said I wanted you to take full consideration. I said when we passed this bill, you ought to talk to the people who have to live with it.
We affect the credit rating of these communities. The schools and the cities, we affect their credit rating. I went through seven of them when I was on the County Board of Commissioners, and we had to take all of our local amenities to Standard & Poor’s and Moody’s. We had to take them, and we had to sell the bond rating companies on what our community had to offer. Every major investment was tied to that bond rating. We should’ve brought in financiers to ask how this was going to affect the bond ratings of our communities.
I don’t live in the city of Flint. I live outside in the city of Flushing, but all the communities on the hub of Flint will be affected by Flint’s credit rating. When you lose the substance of your core city and your county, everybody is held susceptible to that credit rating. We got people who worked in the banking industry; our Lieutenant Governor is one of them. We should’ve given this issue more consideration about that bond rating. We have the University of Michigan-Flint. We have Baker. We have Mott. We have these learning institutions that are going to be tied directly to the city’s bond rating when they go to make a case. We missed a very important step because, once again, we tried to rush this through and not talk to the people who were affected by it.
We have to do better. I’m going to say it again: When the Governor said to everybody that he could run around the legislative branch and build that bridge, I thought that was a bad thing for our state. When you all ran around us on the right-to-work effort with no committee hearings, no input from the public; when you put money in the process in a state that’s broke; and now, once again, you do it without any consequences to those who have to live with your decision. This is a bad decision.
Senator Smith’s first statement is as follows:
I’m not going to stand up here and pontificate in front of my colleagues. Most of you guys know that I’m pretty reasonable when it comes down to it, but I’m just getting tired of this pernicious attack against our rights—especially in the city of Detroit. We’ve had a school district that’s been taken over by the state since 1999. I graduated from the Detroit public system in 1998. Our enrollment has consistently dropped since the state has been involved, and our funding has consistently decreased. It’s not better; it’s worse.
We put this consent agreement in play in the city of Detroit. They hired a CFO and a project manager, both of them making $200,000-some. They’ve done nothing. You guys act like this is some kind of panacea; that it’s going to actually get things in order. Well, I implore upon you, just follow the money. Just follow the money. All this is rearranging the chairs on the deck so somebody else can take this money and put it in their pocket. That’s what is basically going on here. Folks could care less about coming into the ghetto to get things right, at the end of the day.
So I’m just tired of this type of action that folks think that they need to take to get something right in areas that they really care nothing about because that’s all I see it as. If you really want to help, you come and ask folks who have reasonable minds, “Well, how can we help you?”—if you really wanted to help. That’s not what’s happening here. You just want to basically slap us down and pour something on us because you think you know better than us. That is flat-out despicable, and I don’t know what else to say.
Senator Smith’s second statement is as follows:
To the good Senator from the 21st District and the good Senator from the 13th District, I respect where you are coming from, but the problem is that they have not tried to work with us; they dictate to us. They come in and tell us what they want to do. Example: Robert Bobb came into the Detroit public school system—yes, I know Jennifer Granholm, former Governor Jennifer Granholm put him there—and was able to get a salary close to around $220,000 from the district. The philanthropic community gave him about $425,000. He gave contracts to folks from Cincinnati, D.C., and dictated to us. As he left, the district was in worse shape.
The problem is that you’re not trying to work with us; you’re dictating to us how things should operate. That’s why I said follow the money. Follow the money. In 1999, when the state came and took over our school district, we had a surplus of over $90 million. Since the state has been in play, we’ve run deficits, essentially, almost every single year. So, no, this is not something voluntary.
Folks are not asking for this; we are not asking for anybody’s help. I can handle my own pocketbook, thank you very much. This is control; takeover; give-me-what-you-got legislation, Madam President. I’m tired of this. If you want to work in unison, then come holler at me. I’m here and I’m ready to work with the most reasonable folks up here, but you don’t want to come talk to me. You want to dictate, and I’m tired of it.
Senators Pappageorge and Johnson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Pappageorge’s statement is as follows:
Perhaps I’m reading the wrong bill here. The way I read this bill it says local governments have a choice. They can ask for an emergency manager. They can choose to go into bankruptcy. They can choose mediation, and they can choose the consent agreement. Now, if the options are up to the locals, what is the problem here? Just because the emergency manager law was defeated does not mean the problem went away. It is still there, so we have an obligation to try and do something about that problem, and the choice is to let the locals decide how they want us to help them.
If you want an emergency manager, that’s fine; ask for it. If you want mediation, that’s fine; ask for it. If you want bankruptcy, that’s fine; ask for it. If you want a consent agreement, that’s fine; ask for it. So for those who say we’re shoving something at you, the only thing that we’re shoving at you is make a decision, and we’ll help with whatever decision you come up with.
So perhaps I’ve been reading the wrong bill here because as I read it, the locals have to decide what they want to do and then let us know, and ask for the kind of help they decided they want from us. That’s not a bad thing to do, folks. It is local control, and I remind you again, the fact that a ballot proposal was defeated didn’t make the problem go away. It’s still there, and now we’re telling locals, “Tell us what kind of help you want from us.” I think that’s a reasonable way to proceed.
Senator Johnson’s statement is as follows:
It’s interesting as I sit here, I can’t help but notice and to almost be ashamed of the paternalistic tone of some of the members who are talking, particularly the speaker from the 13th District. I just want to ask a question for the record, for the legislative history, so that it reads right. Through you, Madam President, to the Senator, is it the intention of this majority that no city, no school district, will be forced by any means into this process, except by the affirmative vote of their local elected officials?
I’m asking that question, and I’m hoping that the reply will, in fact, be printed in the Journal. I do want to put on the record that one of the reasons that you see us stand here and be so vehemently opposed to these emergency managers and their positions is because we don’t have any evidence that any of this worked. It was so eloquently stated on the record just moments ago, I believe by the Senator who governs at least the city of Benton Harbor, that they’ve had a couple of emergency managers. Let me be very clear, I don’t care if it was Granholm or Snyder, they were both wrong. I marched right in her office, and I told her that her dog that was off the leash, known as Robert Bobb, was usurping his authority. He was acting in a very bullish manner, and the things that he was doing in the city of Detroit were both disingenuous and, in fact, illegal. We got rid of him.
Let me further place on the record that the person who has been brought in to be the chancellor of the not-so-legally‑standing or not-so-legislatively-build-out EAA left the Kansas City School District in shame, as they lost their accreditation. It was also widely reported that the No. 2 person brought in to lead the EAA who is now deceased, God rest her soul, left the city of Seattle School District mired in scandal as indictments and accusations flourished her activity at that school district.
Simply put, the law doesn’t work. We’ve seen city after city emerge and re-emerge into emergency management. A school district like Detroit—and we won’t talk about the surplus the city of Detroit School District had years ago. Let’s talk about the academic excellence that it had displayed across the nation. Those are the facts to be Googled, to be Wikipedia’d so that you understand that the city of Detroit’s school system was a long-sought-after pot of money that folks wanted to get their hands on so they could do to it precisely what they’re doing to it today. That was fourteen years ago.
GOP members in this chamber want me to believe that now because we have some myriad of things to choose from in the city of Detroit, related to how we’ll see ourselves governed under emergency management, is, in fact, going to make us a better system. You believe that? You all believe that? I don’t think you really do. I think that same paternalistic tone that’s been taken is the actual mindset of the GOP that says, “You people can’t govern yourselves. So no matter what the state says about the structure that doesn’t govern well at all, we’ll put in a law that does it for you.”
I guess we’ll just have to go back to the ballot.
The Assistant President pro tempore, Senator Hansen, resumed the Chair.
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.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 978, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 7103, 7401, 7602, 7603, and 7815 (MCL 700.7103, 700.7401, 700.7602, 700.7603, and 700.7815), sections 7103 and 7401 as amended and sections 7602, 7603, and 7815 as added by 2009 PA 46, and by adding section 7820a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 979, entitled
A bill to amend 2008 PA 148, entitled “Personal property trust perpetuities act,” by amending sections 2 and 3 (MCL 554.92 and 554.93).
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 980, entitled
A bill to amend 1967 PA 224, entitled “Powers of appointment act of 1967,” by amending sections 2, 5, 12, 14, and 20 (MCL 556.112, 556.115, 556.122, 556.124, and 556.130), section 20 as amended by 2000 PA 68, and by adding section 5a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 996, entitled
A bill to provide for indemnification for livestock killed, injured, or lost as a result of certain wildlife; and to prescribe the powers and duties of certain state agencies and officials.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
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.
Senate Bill No. 1043, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2559 (MCL 600.2559), as amended by 2003 PA 243.
The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1091, entitled
A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2 and 30a (MCL 125.2302 and 125.2330a), section 30a as amended by 2006 PA 328.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Meekhof moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 115
Senate Concurrent Resolution No. 26
Senate Resolution No. 34
Senate Resolution No. 85
Senate Resolution No. 105
House Concurrent Resolution No. 29
Senate Resolution No. 112
House Concurrent Resolution No. 6
Senate Resolution No. 120
Senate Resolution No. 127
Senate Concurrent Resolution No. 27
The motion prevailed.
Senator Richardville offered the following resolution:
Senate Resolution No. 183.
A resolution of tribute for the Honorable John J. Gleason.
Whereas, The members of this legislative body are honored to commend and thank Senator John Gleason for his dedicated service to the people of Genesee County and the entire state. For the last ten years, Senator Gleason has been a strong advocate in the Michigan Legislature for the working men and women of Michigan and the disabled; and
Whereas, A lifelong resident of Genesee County and a proud Irish-American, John Gleason brought to the Legislature a wealth of experience. Prior to his election, he had attended Mott Community College and Northern Michigan University and worked for thirty years as a skilled trade millwright. He also served for eight years as a Genesee County commissioner, advocating for working families and government fiscal responsibility. In 2002, he was elected to the Michigan House of Representatives. After four years serving in the House, he was elected to the Michigan Senate; and
Whereas, Throughout his legislative career, Senator Gleason has worked hard to make Michigan a better place. During his Senate tenure, he has served as minority vice chair on committees dealing with agricultural, outdoor recreation, tourism, transportation, and local government issues, as well as Associate President pro tempore. Among his notable legislative achievements, he has been a champion for organ donations, sponsoring Michigan’s “First Person Consent” law and receiving the Medal of Honor from the U.S. Department of Health and Human Services in recognition of his efforts. He also started the legislative Disability Caucus in 2003 and sponsored many bills to improve the quality of life for disabled people; now, therefore, be it
Resolved by the Senate, That we extend our appreciation and thanks to the Honorable John J. Gleason as he completes his service to this legislative body; and be it further
Resolved, That copies of this resolution be transmitted to Senator Gleason as evidence of our gratitude and best wishes for his future endeavors.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted 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.
Senators Gleason, Robertson and Whitmer asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Gleason’s statement is as follows:
Staff and fellow Senators, fellow workers and the citizens of the 27th District and the 48th District in the House, it’s with a very grateful heart that I thank you this evening. I’m the grandson of immigrants, and I can say with a great deal of certainty that when my grandparents came to this country, there was little chance that they could even expect to have a member of their family serve in the Michigan Legislature. So I’d like to thank all those who made this opportunity possible to me and to you. I’d like them to know what a grateful effort they undertook to give us this chance.
I was one of the lucky ones—extremely lucky. I actually married my best friend. That doesn’t happen often enough, but it did for me. I couldn’t be anywhere in life without her. I heard it many times—I didn’t know someone’s love could actually grow, and my life with this lady has certainly done that. I’d really like to thank her for the precious gifts she gave us. Our daughter Clancy Rose is now 16—quite challenging. She’s now in high school and starting to go to dances and all you dads know what that’s like. Our son Amon, Amon Henry, he kind of typified what some of my choices would be. Our son Amon was named after Amon de Valera. Amon de Valera was the first president of Ireland. He was also an American. He was an American labor leader. Ireland became a free state in 1921; Amon de Valera became their president. I was really lucky enough to have a son whom I named after the first president of where my forefathers came from.
This is not an easy task, to do what we have done. We go among tens of thousands of strangers, and we ask them to support us, to help us that we would become their voices in a quite-distant city, especially those who serve in the Upper Peninsula. Things change quite a bit. If you’re anything like me, you can’t reflect back without remembering those whom we served with who weren’t given a full opportunity to continue their service. We’ve lost a lot of our colleagues since I first came here ten years ago. Many of you came with me that first day as actually a member who had been elected. The first day that we were sworn in ten years ago we had one of our members pass away and too many since then.
All of us were given a chance to represent those. I know in the more recent time we’ve had some trouble trying to elevate the respect and the grandeur of this institution. We had quite a lively debate just a moment ago about process. You’ve heard me say on several occasions regarding several issues that I’d like to see us raise this institution once again to what it once was. I indicated my family gave me a great chance. The voters enhanced that opportunity. To those who came before us, this was a special place. If you go back to the inception of our state, we handled much more difficult issues in a much, much better fashion. Just think what our state did. Go down the stairs and you see the battle flags of those who stood with our colors on behalf of our state. We had brothers fighting brothers, family against family. Nothing that we have done in my ten years was even close to that sacrifice and commitment that they made, and yet, we have a hard time getting the process right where we include all the folks.
I’ve always had a saying: I was lucky enough—my brother served the consequences for it—but I was lucky enough I had my older brother Jim. He was born with a bone disease, so early on in my life I was given a perception of what disabled people deal with. None of us have that, so we can all treat each other better. We don’t have the disability to deal with nor the terrible sacrifice that those flags one flight below us indicate and signify; the sacrifices that were undertaken for them. So let’s try to do a better job with respecting each other and understanding the issues better.
Now, 1928 my grandparents came here. Freedom—they came from a different country for a full opportunity; this great opportunity that was magnified by what they couldn’t do. That was the year that Al Smith was running for President of the United States. He couldn’t become President; he wouldn’t get elected because he was a Catholic. Some of you whom I’ve had more intimate times with, I’ve told you that in November of 1960, when my grandparents—for some reason, my folks’ house was a place where all the Gleason congregated, including my aunts and uncles. The race was not decided until early morning, and my grandmother—I see her today, God bless her soul—and she’s saying a hundred times early that morning, “That young Kennedy boy, he won! That young Kennedy boy, he won!” She was so anxious. Here was an Irish Catholic lady who came to our country and she didn’t even have full rights, but for the first time, enough people had enough courage to give somebody a chance to represent our country.
That’s what this building is about; that’s what this institution is. If it’s right, let’s do it. We have to discard that aisle; that aisle should not be there. I hope someone who comes after us says, “Let’s have a lotto. Democrats and Republicans sit together, serve together, think together, and get to know each other.” Do the right policy for the right reason; not because you’re in majority; not because you can; because you should. The aisle has become our enemy. There are 38 of us and 10 million people we represent. There’s not a darn one of them who concern themselves about the aisle and the majority and the minority. Let’s sit among each other. Those whites from the U.P. sit with our colored brothers and sisters from the South here. Mexican, African American, Oriental, let’s integrate our chambers and mingle our thoughts and address our issues.
Now I’ve had an awful lot of fun here. I have thoroughly enjoyed the ten years that I’ve served. I don’t’ know where else I could’ve enjoyed it as much the last ten years. I am just so thankful that you gave me this chance to work with you, and we’ve done a lot of good.
I have had some occurrences when I wasn’t as pleased as I could’ve been. I know that I could’ve been much happier, but when I was on eBay, Senator Pappageorge, he outbid me for those black-and-white shoes. I wanted them black-and-white shoes. Once again, the Irish loses out to the Greek. We’ve all heard a hundred times John’s remark about beware the Greeks bearing gifts.
Then I see there is some justice. I believe there is a God more firmly now than I did only a year ago. Is there any doubt that there’s a God, when Senator Whitmer would marry someone who works on somebody’s mouth. Is there any doubt that she would actually marry a dentist; that she would marry; that person has to be able to numb and put out of commission somebody’s jaws? There is a God, and I think one of His apostles is our good dentist friend Mark. I know Richardville and Bishop—numerous people have tried to shut that woman up. Finally, it took eight years of education; some guy had to be highly-educated, well-trained, before they could shut her up.
You know, we’re all going on to different work. I’m now going to be the new clerk from Genesee County. As I was milling around the room today, reminiscing about what had happened, I said, “There’s Kahn.” Indications are everywhere that he wants to run for Congress. He wants to be the new Congressman from mid-Michigan. I was asking all you guys who have served, not only this time, but last term: “What in the world is going to happen to Kahn?”
The majority of you Senators said, “Well, you haven’t heard? With his experience, he’s going to be a greeter at an elevator.”
I said, “What, a greeter at an elevator?”
They said, “Yes, he’s well experienced. He’s had some marvelous times with people he’s greeted in an elevator. So he wants to be an elevator greeter in a major city. Congress doesn’t appeal to him at all. He wants to greet people in an elevator.”
I don’t know anybody in this chamber who’s had more experience than he has at it. And then a few of you said, “No, he really doesn’t want to be an elevator greeter; he wants to go to a shop and repair cell phones.”
I said, “What are you talking about? He’s a cardiologist. He’s a Senator. Now you want him to fix phones? What a waste of talent. How could a congressional seat compare with fixing cell phones and being an elevator greeter? My God.”
Then I was concerned. As was mentioned in the resolution, I dedicated my life to organ donation because of my beautiful sister Rita who donated a kidney to me. Then it was brought to my attention—you know, Senator Warren, she went in and—you know, I bugged you; I bugged all of you to go in and get your card emblem on your driver’s licenses; be donors. Give another person a chance for life.
Then I was talking to a person at the Secretary of State office and they said, “We had an incident. We had an incident down in Ann Arbor. There was a Senator there; she was pretty adamant.”
I said, “Well, what was her name?”
They said, “I think it was Senator Warren. Yeah, I think it was Warren.”
I said, “Well, what? I told her to go donate.”
They said, “Oh yeah, she got tied up in all that hype a few months ago, and she said what she wanted to do was something about donating a vagina.”
And I said, “What?”
They said. “Yes, that’s all the talk of Lansing.” We don’t care about high unemployment, people out of work. They said, “No, Senator Warren, you’re not the first person to ask that. We had some Representative named Barb and another one named Lisa and they wanted to donate too.”
I said, “My God, it’s good that our point’s hitting home, but we have a hard time telling everybody we don’t want every single part of every single person.” But we have grown the ranks and numbers of people in organ donation.
On a serious note, I will go to my grave with a great deal of respect. I told you, we have to get rid of this aisle, do more respect to the institution, and do more with each other and for each other. I promise you this: I’ll go to my grave always remembering Senator Emmons.
We had a terrible, terrible event happen in our family. When the war in Iraq started, our nephew was one of the first killed. I’m just going to get off track here, just a little bit. All of us were given the distinct honor of serving with a man who had more right to serve than any of us—Senator Pappageorge. I know others have worn the uniform of our country, but we were given a distinct honor to serve with someone who gave us a chance to perform this work—Senator Pappageorge. It came more to light when our nephew was killed April 8—one of the first killed in Iraq—and they gave the family that now Camp Baghdad is called Camp Sather after our nephew who’s highly decorated. Senator Pappageorge would understand this better than most of us. Scott Sather, he had a funeral in Clio, his hometown, he had a funeral at Pope Air Force Base, and then he was buried in Arlington Cemetery. It was a terrible experience for the family, and yet, the grandeur couldn’t suppress the grief and the suffering. Those folks gave us so much to represent, and that’s why we need to do better. They wouldn’t expect us to rush anything through. We not only had the best military, we had the best repair because we do them before the worse, before we’re challenged, and that’s what this chamber has to do better.
It was a terrible loss, April 8, because of what I mentioned a few times. The Republicans tried to take that bill away from me, where you could not demonstrate at veterans’ funerals. Here, we had just witnessed that with my nephew. That gang from Westboro Baptist Church in Kansas, they had visited my place several times—and yours as well—to demonstrate against these veterans. Senator Emmons, she would not let the Republicans take that bill from me. She understood the loss to our family. Too many others were willing to take my name off that bill and put another person’s name on that bill, even though there was a terrible price paid by our family. Senator Emmons’ fight was not short, nor was it easy.
I’ll tell you because she never will. This went on for a few weeks, when they were trying to take that bill away from me. That’s why we have to do better. We are Michigan people. When somebody does the work—we know, every one of us knows typically that it’s our staff that does that work—why would you take that work away from an office because you’re in the majority? Somebody has to stop. I’ve heard the Democrats did it when they were in control, and the Republicans do it when they’re in control. Well, why don’t we, as good people, be in control? Why don’t we say we’re not going to take that, though somebody else did it? We have to start showing the best.
I will go to my grave remembering that Senator Emmons had to fight her own party so that my name was not taken off it. So you guys are now in control; your party is running the chamber. If somebody has a bill, don’t take it from them. We need a victory for Michigan, not a victory for any party or any particular politician. Let’s make it a victory for our state. All of us have many good ideas, so I want to thank each and every one of you for the time that we spent together. Whatever you can do, for the final time I’m going to ask, get on the organ donation list. You may save a stranger’s life whom you may never know.
I tell you, I’m unreservedly honored that Senator Whitmer, our leader, would name that license plate after me. That means so much. The best thing about it, folks? That was a shared opportunity because I went with some of you over to Lapeer, even though I’d worked on that bill for about ten years, because of my life experiences. I and others in this chamber, we went to Lapeer when Representative Daley’s son was killed, and his son was a donor to complete strangers. I asked Representative Daley in that funeral home if he would take half of this bill because of what he had experienced. When we do that more often, we’re going to be much better.
The last thing I want to say about organ donation: My best experiences were with Republicans. They really were. I mentioned Senator Emmons and Representative Daley. Senator Joe Hune and I—I got a call one day that a young lad was dying; he was only on life support. He was in the hospital up in Saginaw County, six months old, and they kept him on life support. I got a call saying that the hospital would not allow the procurement of the organs to save lives. Joe Hune had a bill about organ donation. I went immediately to his office and I said, “Joe, we have to pass your bill.” We had a Democratic Governor who certainly, because of stuff I just talked about, wasn’t going to help any Republican get a bill signed. I went to Senator Hune and I said, “We’ve got to do this. This young boy is six months old, and they’re not releasing the organs.”
I called the Governor’s office, being the Democrat. It should’ve been Joe. It’s his bill, but I had to call the Governor, and the Governor signed the bill, and all of us know Jimmy Curran; he ran the bill to the Secretary of State’s office to file that law. They faxed that newly-written, signed law up to the hospital, and they released the organs. That young boy had two kidneys that went to a 42-year-old lady in Pittsburgh, Pennsylvania. I won’t get this part in the right states, but the heart and the liver went to Missouri and Indiana. Two of the three recipients had one week to live. Here was a little boy from Michigan; he actually was up in Senator Kahn’s district trying to do the right thing. My experience with Senator Hune, how could I ever forget that young boy, the hero that he was, and his family couldn’t release the organs?
I’ve just told you examples that I have that will be lifetime memories that I will always cherish with Republicans. The day that we do that more often, we’re going to be a force to be dealt with. We talk about economic development, taking care of the sick, taking care of the poor—when we do that part better, that’s when we’ll answer all those other questions.
So I have to leave you with this: My grandfather was an Irish immigrant, and everything they did was limericks. Now, Whitmer, she should’ve blamed Malcolm for the limerick they gave me on my going-away present the other day. You talk about a hazardous effort. I heard my grandfather say this many times:
“We come into this world all naked and bare.
We go through this world in sorrow and care.
And when we die, where we go, we don’t care,
Because we’re alright here, we’ll be alright there.”
I want to see all your cars with one of these as soon as you can. You’ll always be in my memories, and more importantly, in my prayers. God bless each and every one of you.
Senator Robertson’s statement is as follows:
I’m the other half of the Genesee County delegation, the Scots-Irish delegation to Lansing, if you will, and I just want to take a moment to congratulate my colleague from Genesee County. We share a great deal in common. He mentioned he’s the grandson of Irish immigrants. As the son of Scottish immigrants, we share more than just a Celtic tradition and an ambivalence towards the English crown.
I know John’s sincerity for all that he does, all the work that he’s done. I served with him on the county commission and in the State House before coming to the Senate, so this is the third elective body that we’ve been a part of and that we’ve served in together.
I want to thank him for his service and thank him for the work that he’s done for our common constituency in Genesee County. I thank his staff for the way in which they’ve worked with my office in our service here together. I wish him well in all his future endeavors and continuing to work together for our common constituency in his new position as county clerk.
Senator Whitmer’s statement is as follows:
Well, there’s a lot to say about John Gleason, but he’s already said most of it. Actually, I thought he was going to filibuster his own resolution. There are many days I never thought I’d say this, but I am going to miss John Gleason. I don’t have to tell you that John is a unique individual. He’s funny. He’s got a joke for almost every situation, and some of them are appropriate.
Seriously, John’s sense of humor has given us much-needed laughs on tough days. He’s shown such enormous dedication to his family, to his constituents, to his colleagues, and the disabled community which is unparalleled. He’s always been earnest, enthusiastic, and I count him as a truly loyal friend. I wouldn’t be here without you, John, and some days I thank you for that.
As much as I will miss you, I do wish you the very best back in Genesee County. Your friends here will miss you, and we will think of you often, especially with our caucuses that are much shorter now. We wish you the very best of luck, and we love you dearly.
Senate Concurrent Resolution No. 37.
A concurrent resolution of tribute offered as a memorial for Philip O. Mastin, Jr., former member of the House of Representatives and the Senate.
(For text of resolution, see Senate Journal No. 78, p. 2472.)
The House of Representatives has adopted the concurrent resolution and named the Speaker, on behalf of the entire membership of the House of Representatives, as co‑sponsor.
The concurrent resolution was referred to the Secretary for record.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 1126, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 3e to chapter XI.
The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1132, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 24 of chapter X (MCL 710.24), as amended by 2004 PA 487.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1172, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204 and 3205e (MCL 600.3204 and 600.3205e), section 3204 as amended by 2011 PA 301 and section 3205e as amended by 2011 PA 302.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1206, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3131 (MCL 324.3131), as added by 1997 PA 29.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1232, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712A.32) by adding chapter XIIB.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1239, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311b and 1311h (MCL 380.1311b and 380.1311h), as added by 1999 PA 23.
The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1243, entitled
A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2011 PA 145.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
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.
Senate Bill No. 1262, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 5, 7, 8, and 9 (MCL 409.305, 409.307, 409.308, and 409.309), section 7 as amended by 1989 PA 50 and section 9 as amended by 1985 PA 30, and by adding section 6a.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1263, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending section 13 (MCL 409.313) and by adding section 14 and chapter II; and to repeal acts and parts of acts.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1264, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” (MCL 409.301 to 409.313) by adding sections 25 and 26.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1265, entitled
A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 11 and 12a (MCL 409.311 and 409.312a), section 12a as amended by 2007 PA 147.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1267, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 28c (MCL 421.28c), as added by 2012 PA 216.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1317, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 721 (MCL 339.721), as amended by 2005 PA 278.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1318, entitled
A bill to amend 1907 PA 101, entitled “An act to regulate the carrying on of business under an assumed or fictitious name,” by amending section 4 (MCL 445.4), as amended by 1990 PA 111.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
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.
Senate Bill No. 1319, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 102 and 902 (MCL 450.4102 and 450.4902), section 102 as amended by 2010 PA 290 and section 902 as amended by 2010 PA 126.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1322, entitled
A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 9 (MCL 474.109), as amended by 1996 PA 432.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1323, entitled
A bill to amend 1951 PA 35, entitled “An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts,” by amending section 9 (MCL 124.9), as added by 1982 PA 138.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
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.
Senate Bill No. 1324, entitled
A bill to amend 1965 PA 198, entitled “Motor vehicle accident claims act,” by amending section 2 (MCL 257.1102).
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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 Assistant President pro tempore, Senator Hansen, designated Senator Jansen 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 bill:
House Bill No. 5259, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 32b (MCL 257.32b), as amended by 1983 PA 91.
The bill 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 bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
House Bill No. 5259
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 5259, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 32b (MCL 257.32b), as amended by 1983 PA 91.
The question being on the passage of the bill,
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 8:01 p.m.
8:15 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 1009 Yeas—37
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Smith
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Gleason Johnson Pavlov Young
Green
Nays—0
Excused—0
Not Voting—1
Walker
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 registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Meekhof moved that rule 3.202 be suspended to permit immediate consideration of the following bills:
Senate Bill No. 192
Senate Bill No. 231
Senate Bill No. 265
Senate Bill No. 321
Senate Bill No. 353
Senate Bill No. 380
Senate Bill No. 467
Senate Bill No. 539
Senate Bill No. 577
Senate Bill No. 630
Senate Bill No. 631
Senate Bill No. 632
Senate Bill No. 633
Senate Bill No. 645
Senate Bill No. 703
Senate Bill No. 802
Senate Bill No. 895
Senate Bill No. 969
Senate Bill No. 984
Senate Bill No. 1006
Senate Bill No. 1008
Senate Bill No. 1037
Senate Bill No. 1121
Senate Bill No. 1141
Senate Bill No. 1179
Senate Bill No. 1210
Senate Bill No. 1211
Senate Bill No. 1236
Senate Bill No. 1240
Senate Bill No. 1281
Senate Bill No. 1296
Senate Bill No. 1320
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 192, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 871 (MCL 600.871), as amended by 2005 PA 326.
The House of Representatives has substituted (H-5) the bill.
The House of Representatives has passed the bill as substituted (H-5) and amended the title to read as follows:
A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 871 and 877 (MCL 600.871 and 600.877), section 871 as amended by 2005 PA 326.
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. 1010 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 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. 231, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2841 (MCL 333.2841).
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1011 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 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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 265, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2009 PA 146.
The House of Representatives has substituted (H-8) the bill.
The House of Representatives has passed the bill as substituted (H-8), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 722 (MCL 257.722), as amended by 2012 PA 252.
The question being on concurring in the substitute made to the bill by the House,
Senator Casperson offered the following amendments to the substitute:
1. Amend page 1, line 1, after “(1)” by striking out “The” and inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE”.
2. Amend page 10, line 24, after “transporting” by striking out the balance of the line through “MCL 286.472,” on line 26 and inserting “AGRICULTURAL COMMODITIES OR RAW TIMBER, EXCLUDING FARM EQUIPMENT AND FUEL,”.
3. Amend page 10, line 26, after “or” by inserting “FARM”.
4. Amend page 11, following line 24, by inserting:
“(C) “FARM STORAGE” MEANS ANY OF THE FOLLOWING:
(i) AN EDIFICE, SILO, TANK, BIN, CRIB, INTERSTICE, OR PROTECTED ENCLOSED STRUCTURE, OR MORE THAN 1 EDIFICE, SILO, TANK, BIN, CRIB, INTERSTICE, OR PROTECTED ENCLOSED STRUCTURE LOCATED CONTIGUOUS TO EACH OTHER.
(ii) AN OPEN ENVIRONMENT USED FOR THE PURPOSE OF TEMPORARILY STORING A CROP.” and relettering the remaining subdivisions.
The amendments to the substitute were adopted.
The question being on concurring in the House substitute as amended,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1012 Yeas—26
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Caswell Jansen Moolenaar Schuitmaker
Emmons Johnson Nofs Smith
Gleason Jones Pavlov Walker
Gregory Kahn
Nays—12
Anderson Green Hunter Warren
Bieda Hood Pappageorge Whitmer
Colbeck Hopgood Rocca 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 as amended.
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 Jansen 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. 6060, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 23, 952, and 961 (MCL 168.23, 168.952, and 168.961), section 23 as amended by 1982 PA 456, section 952 as amended by 1993 PA 137, and section 961 as amended by 2005 PA 71.
Substitute (S-4).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 6063, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 952 (MCL 168.952), as amended by 1993 PA 137.
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.
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. 6060
House Bill No. 6063
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 6060, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 23, 951, 952, 961, 963, 967, 968, 969, 972, 974, and 975 (MCL 168.23, 168.951, 168.952, 168.961, 168.963, 168.967, 168.968, 168.969, 168.972, 168.974, and 168.975), section 23 as amended by 1982 PA 456, section 951 as amended by 1993 PA 45, section 952 as amended by 1993 PA 137, sections 961 and 963 as amended by 2005 PA 71, section 968 as amended by 1989 PA 26, and section 972 as amended by 2004 PA 298, and by adding sections 951a, 970a, 970b, 970c, 970e, 970g, 971a, 971c, 973a, 975a, 975c, 975e, 975g, and 977; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Bieda offered the following amendment:
1. Amend page 2, following line 21, 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 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. 1013 Yeas—15
Anderson Hansen Johnson Warren
Bieda Hood Rocca Whitmer
Gleason Hopgood Schuitmaker Young
Gregory Hunter Smith
Nays—23
Booher Green Kowall Pavlov
Brandenburg Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Jansen Moolenaar Robertson
Colbeck Jones Nofs Walker
Emmons Kahn Pappageorge
Excused—0
Not Voting—0
In The Chair: Hansen
Senator Whitmer offered the following amendment:
1. Amend page 22, following line 4, by inserting:
“Enacting section 4. This amendatory act takes effect January 1, 2015.”.
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. 1014 Yeas—17
Anderson Gregory Hunter Smith
Bieda Hansen Johnson Warren
Caswell Hood Nofs Whitmer
Colbeck Hopgood Schuitmaker Young
Gleason
Nays—21
Booher Hune Marleau Proos
Brandenburg Jansen Meekhof Richardville
Casperson Jones Moolenaar Robertson
Emmons Kahn Pappageorge Rocca
Green Kowall Pavlov Walker
Hildenbrand
Excused—0
Not Voting—0
In The Chair: Hansen
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. 1015 Yeas—22
Booher Green Kowall Richardville
Brandenburg Hildenbrand Marleau Robertson
Casperson Hune Meekhof Rocca
Colbeck Jansen Pappageorge Schuitmaker
Emmons Jones Proos Walker
Gleason Kahn
Nays—16
Anderson Hansen Johnson Smith
Bieda Hood Moolenaar Warren
Caswell Hopgood Nofs Whitmer
Gregory Hunter Pavlov Young
Excused—0
Not Voting—0
In The Chair: Hansen
Senator Meekhof moved that the bill be given immediate effect.
The motion did not prevail, 2/3 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 motion prevailed, 2/3 of the members serving voting therefor, as follows:
Roll Call No. 1016 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: Hansen
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.
The Senate agreed to the full title.
Protests
Senators Whitmer, Young, Hopgood, Hood, Warren, Gregory, Johnson, Anderson, Smith, Hunter and Bieda, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 6060.
Senators Whitmer, Hunter and Bieda moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Whitmer’s statement, in which Senators Young, Hopgood, Hood, Warren, Gregory, Johnson, Anderson and Smith concurred, is as follows:
With any new piece of legislation, I think it’s incumbent on us to ask why. Why is this legislation before us? What does it accomplish? When I look at this piece of legislation, I wonder to myself, why are you making it more difficult for people to recall an officeholder?
Since we are willing to work on this with you, even going so far as to stake out public positions opposed to recalls—we are willing to work on this with you, yet you jam it through in the dark of night on the last day of a lame duck session. Without any scrutiny, it’s a bill that was 3 pages and comes back 22 pages, without giving us any opportunity to even look at it, much less make amendments to improve it. So I have to come to the conclusion that, knowing all those facts, the answer is simple. You’re trying to inoculate yourselves from recall. To ensure that wasn’t the case, I offered amendments, saying let’s not apply it to us. You shot that down.
So I look at what’s happened in the last week, with the Governor making an about-face on right-to-work, your 11th-hour lame duck move without any public testimony or any committee hearing, where you literally locked people out of the Capitol from seeing what you were doing and participating in the process; your efforts to stop me and my colleagues from doing our duty of being the voice for the people you locked out; and added an appropriation to that bill to keep the public from having the opportunity to have a referendum on it. Now, after trampling on their rights and our rights, you’re trying to take away their constitutional right of recall—or severely abridge it, at the least.
This, I am sure, will be the subject of another court challenge, as will all the other unconstitutional actions that have been waged here. You’re passing these bills to protect yourselves from the same people you showed such contempt for, the people you stomped on—and, by the way, the people who pay your salary. This is the most self-serving, gratuitous thing I’ve seen this Legislature do, and you’ve done some doozies. It absolutely disgusts me to watch you protect yourselves after the way you’ve treated our people.
I’m proud to be a “no” vote. I think this is a horrendous piece of public policy, and you should be ashamed of yourselves.
Senator Hunter’s statement is as follows:
I would like to start with a quote, and it’s from our Constitution, Article I, the Declaration of Rights, Section 1, Political Power: “All political power is inherent in the people. Government is instituted for their equal benefit, security and protection.”
The Democratic Leader just outlined what we’ve been doing the past several days in this Senate that begs the question: Who are we protecting? Are we protecting the rights and the powers of the people, or is this about protecting the selfish interests of some in this chamber? We’ve talked much about the right-to-work law, the EM law that we just did today, and now this recall bill.
It was already stated that, in the case of right-to-work and the emergency manager laws, appropriations were added to make them referendum-proof. Now, with this recall law, as it was just stated, this is being done to protect those—my colleagues on the other side of the aisle—who may be a little bit concerned about potential backlash from the voters in response to the decisions that many of you all have made.
Now, either this move that you’re about to make right now is extremely dastardly, cowardly, Mr. President, selfish, weasel-like, and downright slimefully arrogant; or this Michigan Senate that we all are serving in is downright fascist. It’s either one, but I want to say it’s both, and both of these characterizations apply to you all on that side of aisle with this action that we’re taking this evening.
So, Mr. President, I would urge a “no” vote.
Senator Bieda’s statement is as follows:
The good Senator from the 27th District probably is one of those folks who never really lacks for ways of getting attention. I think he did make a number of very good points on the recall process, and I find myself kind of conflicted on this. I think I’m probably the only one who’s currently serving in the Legislature who was a target of a recall. I was a target of recall when I was in the House, and I was a target of recall in the Senate. The circumstances were, frankly, kind of sketchy. I was voting my conscience in one case, and there was just a group that was strongly opposed to how I voted. In the other case, it was a retaliatory recall for some recalls that originated here in the Senate and originated here in the House.
I have to tell you, in going through that process, I’m not necessarily a big fan of the recall process, but I also recognize its value in the American electorate and in Michigan politics. The question is when does a recall become abusive? There’s another question related to it. If we’re going to change the law, shouldn’t we do it in a transparent manner? Now, a couple of minutes ago, maybe a half-hour ago, we were presented with a substitute. This is 27 pages long, and some of you might think the opportunity to have a bill read is abusing the process here. It’s hardly that.
We’re put in a position to have to respond to some major legislative changes. You should have an opportunity to read the bills. You should also have the opportunity to have a committee hearing on it, which we have not had on the Senate side. That might not seem like a big thing that you took away a lot of rights this week from working people with the RTW, but I think that in the greater part of the picture, it’s one of transparency. It’s one about respecting the committee process. It’s one about respecting our citizens and our constituents.
That’s why I’m asking for a “no” vote on this legislation at this time. I think this legislation needs to be fully transparent. It needs to be vetted. It needs to have an opportunity for people to come and make their arguments in front of a committee meeting, not to do it in the dead of night; not to do it on a substitute that was just presented a little over a half-hour ago.
There’s another thing that happened today, and it sort of ties into this, and it’s a concern I have with transparency in government. It’s a concern I have with where we’re going as a state. This last week, we’ve seen some draconian changes to state law in a number of different fields. I have a memo here; it’s from the Department of Technology, Management and Budget. It’s actually dated today, and it says that the Board of Directors of Michigan Government Television, a 501(c)3 nonprofit organization, has voted to cease operation of the cable channel as of January 16, 2013. That means that the lack of coverage of this for the citizens—and, in some cases, the only way they’re finding out what’s going on—is going to cease to exist.
Now, they may find some alternative means to do that, but I do think this is a sad day in Michigan when we are trying to ram some legislation that has so many fundamental impacts of people’s lives and on their ability to vote, as well as their ability to make their voices heard.
Certainly, transparency is an important issue. I think there does need to be a thoughtful review of the recall process. Really, to be honest, as this package was initiated, I was an enthusiastic supporter of it because I’ve seen a lot of abuses. But to do it in this manner, and to do it in the manner of let’s pass this really controversial legislation; let’s stomp all over the legislative process; let’s stomp all over the State Constitution; let’s just totally ignore 15,000 people marching on the lawn; and then, oh yeah, a couple days later, pass some real fundamental changes in the state’s recall language statutes and try to put that in law, in whatever hour of the night this is. I think that’s a sad way of operating.
I’ve always seen public service as a very noble calling. I always look at everything that we do, and that I do as something as being very conscious of how this is perceived by the public, but also how their rights are being impacted. Mr. Chairman, I think this is a bad move today, and that’s why I ask that we vote “no” on this bill before us. If we’re going to redo the recall process, let’s visit it in January. Let’s have public hearings. Let’s do the committee process in both chambers, and let the people be heard.
Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
Mr. President, this is a multisection bill that we’ve been handed, and there’s a number of changes to how it came over from the House. The amendment that I’m proposing today is something that we should all be very familiar with. Twenty-seven other states offer no-excuse absentee voting. Thirty-two other states have early voting. Seventeen states allow elections to be held entirely by mail.
The amendment that I’m proposing is very simple. It allows no-excuse absentee voting in Michigan’s election law. Recently, Secretary of State Ruth Johnson included no-reason absentee voting in 2011 as part of her “Secure and Fair Elections” proposal. Michigan has clearly fallen behind most of the nation in not supporting no-reason absentee voting. Absentee voting is smarter voting. The elector can sit at their kitchen table and take their time to review each proposal and each candidate.
If you think of this last election cycle, the number of statewide election proposals we had, along with the number of candidates we had for various offices, including school boards, it was a pretty long ballot. Some of the localities had really long ballots.
Let’s give the people an opportunity to vote at home. Let’s let them do that. Let’s let the citizens have the opportunity to make an informed and reasoned choice at the election box. There won’t be any broken voting machines, no long lines waiting to vote. Citizens have a right to vote. Citizens shouldn’t have to tell the government why they want to vote absentee.
Michigan’s election system makes it unreasonably difficult for voters to participate, and I do urge my colleagues to support this amendment.
The following bill was read a third time:
House Bill No. 6063, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 952b.
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. 1017 Yeas—22
Booher Green Kowall Richardville
Brandenburg Hildenbrand Marleau Robertson
Casperson Hune Meekhof Rocca
Colbeck Jansen Pappageorge Schuitmaker
Emmons Jones Proos Walker
Gleason Kahn
Nays—16
Anderson Hansen Johnson Smith
Bieda Hood Moolenaar Warren
Caswell Hopgood Nofs Whitmer
Gregory Hunter Pavlov Young
Excused—0
Not Voting—0
In The Chair: Hansen
Senator Meekhof moved that the bill be given immediate effect.
The motion did not prevail, 2/3 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 motion prevailed, 2/3 of the members serving voting therefor, as follows:
Roll Call No. 1018 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: Hansen
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.
The Senate agreed to the full title.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 321, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107 (MCL 500.3107), as amended by 1991 PA 191.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1019 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: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 353, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625 (MCL 257.625), as amended by 2008 PA 463.
The House of Representatives has amended the bill as follows:
1. Amend page 1, line 9, after “substance,” by striking out “AND” and inserting “OR”.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1020 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 380, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as added by 2002 PA 30.
The House of Representatives has amended the bill as follows:
1. Amend page 2, following line 8, by inserting:
“Enacting section 1. This amendatory act takes effect April 1, 2013.” and renumbering the remaining enacting section.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1021 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: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 467, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 4151, 4153, 4155, and 4165 (MCL 500.4151, 500.4153, 500.4155, and 500.4165), as added by 2006 PA 399, and by adding sections 4158, 4159, 4160, and 4161; and to repeal acts and parts of acts.
The House of Representatives has amended the bill as follows:
1. Amend page 13, line 18, by striking out all of enacting section 2 and inserting:
“Enacting section 2. This amendatory act takes effect June 1, 2013.”.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1022 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: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 539, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5313 and 5433 (MCL 700.5313 and 700.5433), section 5313 as amended by 2000 PA 463, and by adding sections 5202a and 5301a.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1023 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: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 577, entitled
A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20 and 33 (MCL 338.3620 and 338.3633), as amended by 2007 PA 196, and by adding section 61a.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1024 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: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 630, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1070 (MCL 600.1070), as added by 2004 PA 224.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and amended the title to read as follows:
A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 1076 (MCL 600.1076), as added by 2004 PA 224.
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. 1025 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not 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. 631, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 350a (MCL 750.350a), as amended by 2004 PA 223.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title.
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. 1026 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 632, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2004 PA 225.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title.
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. 1027 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 633, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2006 PA 663.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title.
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. 1028 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 645, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title.
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. 1029 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: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 703, entitled
A bill to amend 2000 PA 274, entitled “Large carnivore act,” (MCL 287.1101 to 287.1123) by adding section 8a.
The House of Representatives has amended the bill as follows:
1. Amend page 2, line 3, by striking out all of enacting section 1 and inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1236 of the 96th Legislature is enacted into law.”.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1030 Yeas—29
Booher Hansen Marleau Richardville
Brandenburg Hildenbrand Meekhof Robertson
Casperson Hune Moolenaar Rocca
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Smith
Emmons Kahn Pavlov Walker
Gleason Kowall Proos Young
Green
Nays—9
Anderson Hood Hunter Warren
Bieda Hopgood Johnson Whitmer
Gregory Excused—0
Not Voting—0
In The Chair: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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 373.
The House of Representatives has substituted (H-4) the bill.
The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1031 Yeas—28
Bieda Gleason Kahn Pavlov
Booher Green Kowall Proos
Brandenburg Hansen Marleau Richardville
Casperson Hildenbrand Meekhof Robertson
Caswell Hune Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Nays—10
Anderson Hopgood Smith Whitmer
Gregory Hunter Warren Young
Hood Johnson
Excused—0
Not Voting—0
In The Chair: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 895, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6023 (MCL 600.6023), as amended by 1998 PA 61.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1032 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: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 969, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2012 PA 201.
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 pursuant to Joint Rule 20, inserted the full title.
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. 1033 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: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Meekhof moved that the Committee on Education be discharged from further consideration of the following bill:
House Bill No. 4496, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), section 105 as amended by 2003 PA 306 and section 121 as amended by 1997 PA 135.
The motion did not prevail, a majority of the members serving not voting therefor.
Senator Anderson requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members serving voting therefor, as follows:
Roll Call No. 1034 Yeas—21
Brandenburg Hildenbrand Kowall Pavlov
Casperson Hune Marleau Proos
Caswell Jansen Meekhof Richardville
Colbeck Jones Nofs Robertson
Green Kahn Pappageorge Walker
Hansen
Nays—16
Anderson Gleason Hunter Schuitmaker
Bieda Gregory Johnson Smith
Booher Hood Moolenaar Warren
Emmons Hopgood Rocca Young
Excused—0
Not Voting—1
Whitmer
In The Chair: Hansen
The bill was placed on the order of General Orders.
Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:
House Bill No. 4496
The motion prevailed, a majority of the members serving voting therefor.
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 Assistant President pro tempore, Senator Hansen, designated Senator Jansen as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 5459, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 5 (MCL 15.265), as amended by 1984 PA 167.
The bill was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:
House Bill No. 4496, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), section 105 as amended by 2003 PA 306 and section 121 as amended by 1997 PA 135.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 2, line 23, after “A” by striking out the balance of the line through “ANY” on line 24.
2. Amend page 4, line 23, after “A” by striking out the balance of the line through “ANY” on line 24.
3. Amend page 4, line 26, after “ARTS.” by striking out the balance of the subdivision.
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended 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:
House Bill No. 5459
House Bill No. 4496
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 5459
House Bill No. 4496
House Bill No. 4851
The motion prevailed.
The following bill was read a third time:
House Bill No. 5459, entitled
A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 5 (MCL 15.265), as amended by 1984 PA 167.
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. 1035 Yeas—36
Bieda Gregory Kahn Richardville
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Gleason Johnson Pavlov Whitmer
Green Jones Proos Young
Nays—0
Excused—0
Not Voting—2
Anderson Hood
In The Chair: Hansen
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 require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; 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. 4496, entitled
A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), section 105 as amended by 2003 PA 306 and section 121 as amended by 1997 PA 135.
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. 1036 Yeas—20
Anderson Green Kahn Pavlov
Brandenburg Hansen Kowall Proos
Casperson Hildenbrand Marleau Richardville
Caswell Hunter Nofs Robertson
Colbeck Johnson Pappageorge Walker
Nays—17
Bieda Hopgood Meekhof Smith
Booher Hune Moolenaar Warren
Emmons Jansen Rocca Whitmer
Gregory Jones Schuitmaker Young
Hood
Excused—0
Not Voting—1
Gleason
In The Chair: Hansen
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 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 revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue bonds to finance the training program; 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 returned to consideration of the following bill:
House Bill No. 4851, entitled
A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, and 8 (MCL 333.26423, 333.26424, and 333.26428).
(This bill was read a third time earlier today and consideration postponed. See, p. 2639.)
The question being on the passage of the bill,
The bill was defeated, 3/4 of the members serving not voting therefor, as follows:
Roll Call No. 1037 Yeas—28
Bieda Gleason Kahn Pavlov
Booher Green Kowall Proos
Brandenburg Hansen Marleau Richardville
Casperson Hildenbrand Meekhof Robertson
Caswell Hune Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Nays—10
Anderson Hopgood Smith Whitmer
Gregory Hunter Warren Young
Hood Johnson
Excused—0
Not Voting—0
In The Chair: Hansen
Senator Meekhof moved to reconsider the vote by which the bill was defeated.
The motion prevailed.
The question being on the passage of the bill,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 984, entitled
A bill to amend 1969 PA 207, entitled “An act to permit residents to purchase rifles and shotguns in contiguous states and to provide for reciprocity,” by amending sections 1 and 2 (MCL 3.111 and 3.112).
The House of Representatives has amended the bill as follows:
1. Amend page 1, line 9, after “LAW” by striking out “70-618” and inserting “90-618”.
The House of Representatives has passed the bill as amended and ordered that it be given immediate effect.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 1038
Yeas—36
Anderson Green Johnson Pavlov
Bieda Gregory Jones Proos
Booher Hansen Kahn Richardville
Brandenburg Hildenbrand Kowall Robertson
Casperson Hood Marleau Rocca
Caswell Hopgood Meekhof Schuitmaker
Colbeck Hune Moolenaar Smith
Emmons Hunter Nofs Walker
Gleason Jansen Pappageorge Whitmer
Nays—2
Warren Young
Excused—0
Not Voting—0
In The Chair: Hansen
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.
Senate Bill No. 1006, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2011 PA 77.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1039 Yeas—32
Booher Gregory Kahn Proos
Brandenburg Hansen Kowall Richardville
Casperson Hildenbrand Marleau Robertson
Caswell Hopgood Meekhof Rocca
Colbeck Hune Moolenaar Schuitmaker
Emmons Hunter Nofs Smith
Gleason Jansen Pappageorge Walker
Green Jones Pavlov Whitmer
Nays—6
Anderson Hood Warren Young
Bieda Johnson
Excused—0
Not Voting—0
In The Chair: Hansen
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
The President, Lieutenant Governor Calley, resumed the Chair.
Senate Bill No. 1008, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 317.
The House of Representatives has substituted (H-4) the bill.
The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1040 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: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1037, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 111, 113, 201, 305, 403, 433, and 511 (MCL 208.1111, 208.1113, 208.1201, 208.1305, 208.1403, 208.1433, and 208.1511), section 111 as amended by 2011 PA 305, section 113 as amended by 2011 PA 77, section 201 as amended by 2009 PA 135, section 305 as amended by 2007 PA 205, section 403 as amended by 2008 PA 434, section 433 as amended by 2007 PA 215, and section 511 as amended by 2011 PA 292.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending sections 111, 201, 305, and 435 (MCL 208.1111, 208.1201, 208.1305, and 208.1435), section 111 as amended by 2011 PA 305, section 201 as amended by 2009 PA 135, section 305 as amended by 2007 PA 205, and section 435 as amended by 2010 PA 310.
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. 1041 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: President
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. 1121, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 21, 59, 73, 312a, 312b, and 658 (MCL 257.21, 257.59, 257.73, 257.312a, 257.312b, and 257.658), section 21 as amended by 1985 PA 32, section 312b as amended by 2004 PA 362, and section 658 as amended by 2012 PA 98.
The House of Representatives has substituted (H-5) the bill.
The House of Representatives has passed the bill as substituted (H-5) and amended the title to read as follows:
A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 21, 59, 73, and 658 (MCL 257.21, 257.59, 257.73, and 257.658), section 21 as amended by 1985 PA 32 and section 658 as amended by 2012 PA 98.
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. 1042 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: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not 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. 1141, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding chapter XIA.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1043 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: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1179, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 321 (MCL 600.321), as amended by 2011 PA 130.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1044 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: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1210, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 4, 8, 13, 15, and 16 (MCL 125.2652, 125.2654, 125.2658, 125.2663, 125.2665, and 125.2666), section 2 as amended by 2010 PA 246, section 4 as amended by 2005 PA 101, section 8 as amended by 2000 PA 145, section 13 as amended by 2010 PA 288, section 15 as amended by 2007 PA 201, and section 16 as amended by 2007 PA 203, and by adding section 8a.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1045 Yeas—32
Anderson Hansen Kahn Proos
Bieda Hildenbrand Kowall Richardville
Booher Hood Marleau Robertson
Casperson Hopgood Meekhof Schuitmaker
Emmons Hunter Moolenaar Smith
Gleason Jansen Nofs Walker
Green Johnson Pappageorge Warren
Gregory Jones Pavlov Whitmer
Nays—6
Brandenburg Colbeck Rocca Young
Caswell Hune
Excused—0
Not Voting—0
In The Chair: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1211, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 19, 20, 21, and 48 (MCL 780.769, 780.770, 780.771, and 780.798), sections 19, 20, and 21 as amended by 2005 PA 184 and section 48 as amended by 2000 PA 503.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title.
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. 1046 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: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1236, entitled
A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sections 2 and 22 (MCL 287.1102 and 287.1122).
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1047 Yeas—27
Booher Green Kowall Proos
Brandenburg Hansen Marleau Richardville
Casperson Hildenbrand Meekhof Robertson
Caswell Hune Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Gleason Kahn Pavlov
Nays—11
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Gregory Hunter Warren
Excused—0
Not Voting—0
In The Chair: President
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senators Booher, Brandenburg, Emmons, Gleason, Green, Hune, Jansen, Jones, Moolenaar, Nofs, Pappageorge, Pavlov and Walker were named co‑sponsors of the bill.
Senate Bill No. 1240, entitled
A bill to provide protection from civil liability to persons that provide court-appointed social services.
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.
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. 1048 Yeas—20
Booher Green Kowall Pappageorge
Casperson Hildenbrand Marleau Pavlov
Caswell Hune Meekhof Proos
Colbeck Jones Moolenaar Richardville
Emmons Kahn Nofs Walker
Nays—17
Anderson Hood Johnson Smith
Bieda Hopgood Robertson Warren
Brandenburg Hunter Rocca Whitmer
Gregory Jansen Schuitmaker Young
Hansen
Excused—0
Not Voting—1
Gleason
In The Chair: President
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.
Senate Bill No. 1281, 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 6 (MCL 408.476), as amended by 2010 PA 323.
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.
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. 1049 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: President
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.
Senate Bill No. 1296, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5838 (MCL 600.5838), as amended by 1986 PA 178, and by adding section 5838b.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 5805 and 5838 (MCL 600.5805 and 600.5838), section 5805 as amended by 2011 PA 162 and section 5838 as amended by 1986 PA 178, and by adding section 5838b.
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. 1050 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: President
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. 1320, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 105, 106, 108, 109, 123, 201, 202, 211, 241, 405, 488, 528, 564b, 565, 569, 611, 631, 641, 642, 643, 703a, 753, 762, 776, 781, 784, 804, 911, 1021, 1035, and 1041 (MCL 450.1105, 450.1106, 450.1108, 450.1109, 450.1123, 450.1201, 450.1202, 450.1211, 450.1241, 450.1405, 450.1488, 450.1528, 450.1564b, 450.1565, 450.1569, 450.1611, 450.1631, 450.1641, 450.1642, 450.1643, 450.1703a, 450.1753, 450.1762, 450.1776, 450.1781, 450.1784, 450.1804, 450.1911, 450.2021, 450.2035, and 450.2041), sections 105, 123, 405, 488, 703a, and 753 as amended by 2001 PA 57, section 106 as amended by 2006 PA 68, sections 108, 202, 804, and 1035 as amended by 1989 PA 121, sections 109, 565, 643, and 1021 as amended by 1993 PA 91, sections 201, 211, 241, 564b, and 762 as amended by 2008 PA 402, section 528 as amended by 2006 PA 65, section 569 as amended by 1987 PA 1, section 611 as amended by 2006 PA 64, sections 631, 641, and 1041 as amended by 1997 PA 118, section 642 as amended by 1982 PA 407, sections 776, 781, and 784 as amended by 1989 PA 31, and section 911 as amended by 2007 PA 182, and by adding section 529 and chapter 2A; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1051 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: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Meekhof moved that rule 3.202 be suspended to permit immediate consideration of the following bills:
Senate Bill No. 59
Senate Bill No. 1021
Senate Bill No. 1022
Senate Bill No. 1024
Senate Bill No. 1051
Senate Bill No. 1127
Senate Bill No. 1261
Senate Bill No. 1280
Senate Bill No. 1307
Senate Bill No. 1313
Senate Bill No. 1315
Senate Bill No. 1328
Senate Bill No. 1350
Senate Bill No. 1351
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 59, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5m, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425m, 28.425o, and 28.428), section 1 as amended by 2012 PA 243, section 2a as amended by 2010 PA 210, section 4 as added by 1992 PA 219, sections 5, 5a, 5e, and 5m as added by 2000 PA 381, sections 5b and 8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA 719, sections 5f, 5k, and 5o as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, and section 5l as amended by 2012 PA 32, and by adding section 5x; and to repeal acts and parts of acts.
The House of Representatives has substituted (H-4) the bill.
The House of Representatives has passed the bill as substituted (H-4).
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. 1052 Yeas—27
Booher Green Kowall Proos
Brandenburg Hansen Marleau Richardville
Casperson Hildenbrand Meekhof Robertson
Caswell Hune Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Gleason Kahn Pavlov
Nays—11
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Gregory Hunter Warren
Excused—0
Not Voting—0
In The Chair: President
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 970, entitled
A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 3 of chapter 1 (MCL 141.503), as amended by 2011 PA 56.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1000, entitled
A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7a (MCL 722.27a), as amended by 1996 PA 19.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1021, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2150 and 2153 (MCL 324.2150 and 324.2153), section 2150 as amended by 1996 PA 585 and section 2153 as amended by 2004 PA 513.
The House of Representatives has substituted (H-2) the bill.
The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1053 Yeas—25
Booher Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Jansen Moolenaar Robertson
Emmons Jones Nofs Schuitmaker
Gleason Kahn Pappageorge Walker
Green Kowall Pavlov Young
Hansen
Nays—13
Anderson Gregory Hunter Smith
Bieda Hood Johnson Warren
Brandenburg Hopgood Rocca Whitmer
Colbeck
Excused—0
Not Voting—0
In The Chair: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1022, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2154 and 51106 (MCL 324.2154 and 324.51106), section 2154 as amended by 2011 PA 118 and section 51106 as amended by 2006 PA 382.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
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. 1054 Yeas—23
Booher Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Caswell Jansen Moolenaar Schuitmaker
Emmons Jones Nofs Walker
Green Kahn Pavlov Young
Hansen Kowall Proos
Nays—15
Anderson Gleason Hunter Smith
Bieda Gregory Johnson Warren
Brandenburg Hood Pappageorge Whitmer
Colbeck Hopgood Rocca
Excused—0
Not Voting—0
In The Chair: President
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Meekhof moved that when the Senate adjourns today, it stand adjourned until Friday, December 14, at 12:10 a.m.
The motion prevailed.
Committee Reports
The Committee on Finance reported
House Bill No. 5732, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 435 and 510 (MCL 208.1435 and 208.1510), section 435 as amended by 2010 PA 310 and section 510 as amended by 2011 PA 292.
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 Energy and Technology reported
House Bill No. 5817, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2008 PA 556.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Mike Nofs
Chairperson
To Report Out:
Yeas: Senators Nofs, Proos, Jones, Marleau, Schuitmaker, Walker and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Energy and Technology reported
House Bill No. 5952, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 401c (MCL 484.1401c), as amended by 2012 PA 260.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mike Nofs
Chairperson
To Report Out:
Yeas: Senators Nofs, Proos, Jones, Marleau, Schuitmaker, Walker and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Wednesday, December 12, 2012, at 1:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Nofs (C), Proos, Jones, Marleau, Schuitmaker, Walker and Young
Excused: Senators Hopgood and Bieda
The Committee on Appropriations reported
House Bill No. 5367, 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.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker and Gregory
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 Appropriations submitted the following:
Meeting held on Thursday, December 13, 2012, at 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Gregory, Hood and Hopgood
Excused: Senators Anderson and Johnson
The Committee on Appropriations reported
House Bill No. 5261, entitled
A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2010 PA 75.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood and Hopgood
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations reported
House Bill No. 6029, entitled
A bill to authorize the state administrative board to convey certain state-owned property in Grand Traverse, Otsego, and Schoolcraft counties and to accept and convey certain other property in Grand Traverse county; to prescribe conditions for the acceptance and the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; to provide for disposition of revenue derived from the conveyances; and to authorize the state administrative board to transfer certain state-owned property in Jackson county from the state transportation department to the department of corrections.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Appropriations reported
House Bill No. 6030, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Ingham and Wayne counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the properties; and to provide for disposition of revenue derived from the conveyances.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, December 12, 2012, at 12:40 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood and Hopgood
Absent: Senator Johnson
COMMITTEE ATTENDANCE REPORT
The Senate Fiscal Agency Board of Governors submitted the following:
Meeting held on Thursday, December 13, 2012, at 9:00 a.m., Room S-324, Capitol Building
Present: Senators Kahn (C), Richardville and Caswell
Excused: Senators Whitmer and Anderson
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 11:37 p.m.
In pursuance of the order previously made, the President, Lieutenant Governor Calley, declared the Senate adjourned until Friday, December 14, 2012, at 12:10 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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