No. 33

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Thursday, March 29, 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

Reverend Michael Koetje of Second Christian Reformed Church of Grand Haven offered the following invocation:

Sovereign God, merciful Father in heaven, we bow before You this day and at the opening of this session to praise Your holy name and to give You all honor and glory. With humble gratitude, we thank You for Your gift of creation, love, and faithfulness. We also thank You for the gift of Your Spirit and for Your word, so that we may come to know You, believe in You, and love You. For Your blessings, gracious God, we thank You—for the blessing of living in this time in history, in this great country, and in this beautiful state.

Today, as these Senators gather to represent the people of the state of Michigan, bless their work. Bless their discussions and decisions. May they rise out of God-ordained wisdom, truth, justice, and Christlike love for all. May the state’s government be for the good of the people, which will then bring glory to You, a God whose mercy, justice, and righteousness flows like an endless river.

We pray for this state’s congress, for our Governor, and our courts. We pray for our national Congress, for our President, and the Supreme Court. May each elected official know that ultimately You have called them to serve; so may they serve unhindered. Bless their homes and families, especially while they are away representing us.

We pray for the people they represent, especially in light of some difficult economic struggles throughout the past few years. For those without employment, may these members of congress strive to create opportunities for meaningful work. For those who are hungry, may these men and women address and fight against hunger and poverty in their policies and laws. For those who wrestle with addictions, use these men and women to give them hope and a future. For those raising families, help these men and women in their decisions regarding schools, education, safe communities, and opportunities to prosper.

For our country and our world, we pray for peace and for the peace of Christ to invade our hearts and homes. We look forward to the day of Christ’s return when Your peace will flourish in Your eternal kingdom, where justice will reign forever, and where perfect love will always be the law of the land. These things we pray and look forward to in the strong name of Jesus and through the power of the Holy Spirit. Amen.

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

Motions and Communications

The following communication was received:

Michigan Strategic Fund Board

March 28, 2012

On March 28, 2012, the Michigan Strategic Fund Board [the “MSF Board”] approved the Pure Michigan Venture Match Fund [PMVMF]. Consistent with the requirements of MCL 125.2088k(8), I am writing to provide you with the MSF Board’s Decision Document, Final Resolution of the MSF Board [the “Resolution”] and attachments to the Resolution relating to the approval of the PMVMF program.

Ellen Graham

Board Relations Liaison

The communication was referred to the Secretary for record.

Senators Pappageorge and Kahn entered the Senate Chamber.

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

The motion prevailed.

Senator Johnson entered the Senate Chamber.

Senator Meekhof moved that Senators Emmons, Richardville and Schuitmaker be temporarily excused from today’s session.

The motion prevailed.

Senators Emmons and Richardville entered the Senate Chamber.

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

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

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

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

Recess

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

The motion prevailed, the time being 10:08 a.m.

10:15 a.m.

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

During the recess, Senator Jones introduced the Grand Ledge High School Gymnastics Team, MHSAA State Champions, and Head Coach Duane Haring.

Coach Haring responded briefly.

Senator Meekhof moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

Senator Meekhof moved that a respectful message be sent to the House of Representatives requesting the return of the following bill:

House Bill No. 5011

The motion prevailed.

The Secretary announced that the following official bills were printed on Wednesday, March 28, and are available at the legislative website:

House Bill Nos. 5511 5512 5513 5514 5515 5516 5517 5518 5519

Messages from the House

The House of Representatives requested the return of

Senate Bill No. 874, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 501 (MCL 436.1501), as amended by 2006 PA 547.

Senator Meekhof moved that the request of the House of Representatives be granted.

The motion prevailed.

Recess

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

The motion prevailed, the time being 10:17 a.m.

11:24 a.m.

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

During the recess, Senators Schuitmaker, Young and Hunter entered the Senate Chamber.

Senate Bill No. 412, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43524 (MCL 324.43524), as amended by 2002 PA 81.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Meekhof moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 175 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—0

Not Voting—1

Hood

In The Chair: President

Senator Hunter moved that Senator Hood be temporarily excused from the balance of today’s session.

The motion prevailed.

Senator Hood entered the Senate Chamber.

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 bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No. 4803

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 Green as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 430, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.

House Bill No. 4843, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 70.

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. 4803, entitled

A bill to authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 6 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; to provide for disposition of revenue derived from the conveyance of the property; and to provide for the disposal of fixtures and equipment on the property.

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:

Senate Bill No. 429, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212c.

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. 4289, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; 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.

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. 4803

House Bill No. 4289

House Bill No. 4843

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. 5033

Senate Bill No. 135

House Bill No. 4601

House Bill No. 5206

House Bill No. 5207

House Bill No. 5208

House Bill No. 5209

House Bill No. 5210

House Bill No. 5211

House Bill No. 5212

House Bill No. 4843

House Bill No. 4289

House Bill No. 4803

The motion prevailed.

The following bill was read a third time:

House Bill No. 5033, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10d.

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. 176 Yeas—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Nays—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to 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:

Senate Bill No. 135, entitled

A bill to amend 1990 PA 211, entitled “The parental rights restoration act,” by amending sections 3 and 4 (MCL 722.903 and 722.904).

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. 177 Yeas—28

Booher Green Kahn Pavlov

Brandenburg Hansen Kowall Proos

Casperson Hildenbrand Marleau Richardville

Caswell Hune Meekhof Robertson

Colbeck Hunter Moolenaar Rocca

Emmons Jansen Nofs Schuitmaker

Gleason Jones Pappageorge Walker

Nays—10

Anderson Hood Smith Whitmer

Bieda Hopgood Warren Young

Gregory Johnson

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The Assistant President pro tempore, Senator Hansen, resumed the Chair.

The following bill was read a third time:

House Bill No. 4601, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 30.

The question being on the passage of the bill,

Senator Warren offered the following amendment:

1. Amend page 3, following line 21, following subdivision (D), by inserting:

“(E) A SUCCESSOR THAT EMPLOYS FEWER THAN 1,000 INDIVIDUALS IN THIS STATE.”.

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. 178 Yeas—13

Anderson Hood Johnson Warren

Bieda Hopgood Rocca Whitmer

Gleason Hunter Smith Young

Gregory

Nays—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

Excused—0

Not Voting—0

In The Chair: Hansen

Senator Warren offered the following amendment:

1. Amend page 6, following line 22, by inserting:

“(15) A LIMITATION ON A SUCCESSOR’S LIABILITY UNDER THIS SECTION DOES NOT APPLY TO ANY LIABILITY OF THE SUCCESSOR TO THIS STATE OR THE UNITED STATES FOR PAYMENTS UNDER MEDICARE OR THE MEDICAID STATE PLAN FOR MEDICAL ASSISTANCE.” and renumbering the remaining subsection.

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. 179 Yeas—13

Anderson Hood Johnson Warren

Bieda Hopgood Rocca Whitmer

Gleason Hunter Smith Young

Gregory

Nays—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

Excused—0

Not Voting—0

In The Chair: Hansen

Senator Warren offered the following amendment:

1. Amend page 3, following line 21, after “MERGER” by inserting a comma and “ACQUISITION,”.

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. 180 Yeas—13

Anderson Hood Johnson Warren

Bieda Hopgood Rocca Whitmer

Gleason Hunter Smith Young

Gregory

Nays—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

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. 181 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—13

Anderson Hood Johnson Warren

Bieda Hopgood Rocca Whitmer

Gleason Hunter Smith Young

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.

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.

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

The motion prevailed.

Senator Young’s statement is as follows:

I would like to start with a quote by a great man who said: “Whatever is law must be just, and whatever is just must be law.” Mr. President, I just want to say that I disagree with the previous speaker when he said that this is about picking winners and losers. This is nothing more than big bank takes little bank. It is nothing more than he who has all the money makes all the rules, and if he doesn’t like the current rules, he can come up here to Lansing and change them.

This makes the playing field unfair for the small businessman—for the average man who is out there. Isn’t that what America was supposed to have been built upon? Equality? Let’s vote this amendment up, and let’s not let big bank take little bank.

Senator Meekhof moved that the following bill be placed at the head of the Third Reading of Bills calendar:

House Bill No. 4289

The motion prevailed.

The following bill was read a third time:

House Bill No. 4289, entitled

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. 182 Yeas—32

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Schuitmaker

Casperson Hopgood Moolenaar Smith

Colbeck Hune Nofs Walker

Gleason Hunter Pappageorge Warren

Green Jansen Pavlov Whitmer

Gregory Johnson Proos Young

Nays—6

Brandenburg Emmons Meekhof Rocca

Caswell Jones

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. 5206, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” (MCL 290.651 to 290.674) by adding section 18b.

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. 183 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 President pro tempore, Senator Schuitmaker, resumed the Chair.

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 relating to the marketing of agricultural commodities or agricultural commodity inputs; to provide for marketing and research programs, agreements, referendums by producers, assessments on producers, and commodity committees; and to prescribe certain functions of the department of agriculture relative thereto including powers of enforcement of this act; and to prescribe remedies and penalties,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5207, entitled

A bill to repeal 1961 PA 70, entitled “Seal of quality act,” (MCL 289.631 to 289.646).

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. 184 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 promote the development and to encourage consumption of Michigan agricultural products by use of a seal denoting quality; to prescribe the powers and duties of the state department of agriculture; to establish procedures for standards; to provide for fees; to authorize the appointment of commodity committees; and to prescribe penalties for violations,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5208, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” (MCL 290.601 to 290.634) by adding section 35.

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. 185 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. 5209, entitled

A bill to amend 1927 PA 89, entitled “An act to promote the agricultural and industrial interests in the Upper Peninsula of Michigan; to create a board of managers for a state fair in the Upper Peninsula; to define the powers and duties thereof; to provide immunity from personal liability for members of the board of managers and its chief administrative officer for action taken in their official capacity; to provide for the transferring to and vesting in the state of Michigan or the people thereof, the title and control of all lands and other property that now is or hereafter may be owned or acquired in the Upper Peninsula for the purpose of holding and conducting an agricultural and industrial state fair; to authorize the leasing or licensed use of facilities for certain purposes, including bingo; to permit and regulate games of skill at the Upper Peninsula state fair; and to provide for an appropriation therefor,” (MCL 285.141 to 285.145) by adding section 6.

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. 186 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.

Recess

Senator Meekhof moved that the Senate recess until 2:00 p.m.

The motion prevailed, the time being 12:24 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 414, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Meekhof moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 187 Yeas—30

Anderson Green Kahn Robertson

Bieda Gregory Kowall Rocca

Booher Hansen Marleau Schuitmaker

Brandenburg Hildenbrand Meekhof Smith

Casperson Hood Pappageorge Warren

Caswell Hopgood Proos Whitmer

Emmons Hunter Richardville Young

Gleason Johnson

Nays—8

Colbeck Jansen Moolenaar Pavlov

Hune Jones Nofs Walker

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. 415, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Meekhof moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 188 Yeas—29

Anderson Green Johnson Robertson

Bieda Gregory Kahn Rocca

Booher Hansen Kowall Schuitmaker

Brandenburg Hildenbrand Marleau Smith

Casperson Hood Pappageorge Warren

Caswell Hopgood Proos Whitmer

Emmons Hunter Richardville Young

Gleason

Nays—9

Colbeck Jones Moolenaar Pavlov

Hune Meekhof Nofs Walker

Jansen

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. 711, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” (MCL 432.1 to 432.47) by adding section 32a.

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. 712, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10c (MCL 400.10c), as added by 2011 PA 198, and by adding sections 10d and 10e.

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 amended the title to read as follows:

A bill to amend 1939 PA 280, entitled “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,” by amending section 10c (MCL 400.10c), as added by 2011 PA 198, and by adding section 10e.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Meekhof moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 189 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. 874, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 501 (MCL 436.1501), as amended by 2006 PA 547.

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. 981, entitled

A bill to create an autism coverage incentive program to encourage insurance and health coverage providers to provide autism coverage; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to provide for an appropriation.

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 create an autism coverage reimbursement program to encourage insurance and health coverage providers to provide autism coverage; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to provide for an appropriation.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Meekhof moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 190 Yeas—28

Anderson Gleason Hunter Robertson

Bieda Green Johnson Rocca

Booher Gregory Kowall Schuitmaker

Brandenburg Hansen Marleau Smith

Casperson Hildenbrand Pappageorge Warren

Caswell Hood Proos Whitmer

Emmons Hopgood Richardville Young

Nays—10

Colbeck Jones Moolenaar Pavlov

Hune Kahn Nofs Walker

Jansen Meekhof

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. 1018, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 2012 PA 45.

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

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senators Nofs and Richardville were named co‑sponsors of the bill.

The House of Representatives returned, in accordance with the request of the Senate

House Bill No. 5011, entitled

A bill to amend 1972 PA 230, entitled “An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,” by amending section 2a (MCL 125.1502a), as added by 1999 PA 245, and by adding section 9.

Senator Meekhof moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed.

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

The bill was placed on the order of Third Reading of Bills.

The Assistant President pro tempore, Senator Hansen, resumed the Chair.

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. 5210, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” (MCL 290.651 to 290.674) by adding section 18a.

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. 191 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:

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5211, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” (MCL 285.61 to 285.88) by adding section 29.

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. 192 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 storage, warehousing, buying, and selling of farm produce within this state; to provide for the licensing, regulation, and bonding of grain dealers; to provide for warehouse receipts, acknowledgment forms, and price later agreements and their use and priority; to provide for the creation of security interests; to provide for certain powers and duties of the department of agriculture and its director; to impose certain duties on insurance companies and sureties; and to provide administrative remedies and 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. 5212, entitled

A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” (MCL 286.201 to 286.228) by adding section 23b.

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. 193 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 sale and distribution of nursery stock, plants, and plant products; to prevent the introduction into and the dissemination within this state of insect pests and plant diseases; to provide for the destruction and control of insect pests and plant diseases; to provide for the destruction or treatment of certain plants or plant products; to provide for the licensure and inspection of certain persons and activities under certain circumstances; to impose certain powers and duties on the director of agriculture; to create certain restricted funds for certain department activities and to allow allocation of those funds throughout the department; to provide for the promulgation of rules; to prescribe penalties and civil sanctions; and to provide remedies,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4843, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 70.

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. 194 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 consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4803, entitled

The question being on the passage of the bill,

The bill was passed, 2/3 of the members serving voting therefor, as follows:

Roll Call No. 195 Yeas—34

Anderson Gregory Kahn Proos

Bieda Hansen Kowall Richardville

Booher Hildenbrand Marleau Robertson

Casperson Hood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Green Jones

Nays—4

Brandenburg Hopgood Rocca 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.

Senator Meekhof moved that the following bill be placed at the head of the Third Reading of Bills calendar:

House Bill No. 5011

The motion prevailed.

The following bill was announced:

House Bill No. 5011, entitled

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,

Senator Meekhof offered the following amendments:

1. Amend page 7, line 20, after “SEC. 9.” by inserting “(1)”.

2. Amend page 8, following line 24, by inserting:

“(2) UNLESS THE GOVERNMENTAL SUBDIVISION HAS A CONFLICT OF INTEREST ORDINANCE THAT APPLIES TO A CONTRACT UNDER SUBSECTION (1), SUCH A CONTRACT ENTERED INTO OR RENEWED AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION SHALL INCLUDE OR INCORPORATE BY REFERENCE CONFLICT OF INTEREST PROVISIONS.”.

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. 196 Yeas—27

Bieda Green Kowall Proos

Booher Hansen Marleau Richardville

Brandenburg Hildenbrand Meekhof Robertson

Casperson Hune Moolenaar Rocca

Caswell Jansen Nofs Schuitmaker

Colbeck Jones Pappageorge Walker

Emmons Kahn Pavlov

Nays—11

Anderson Hood Johnson Whitmer

Gleason Hopgood Smith Young

Gregory Hunter Warren

Excused—0

Not Voting—0

In The Chair: Hansen

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:

Senate Bill No. 429

Senate Bill No. 430

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

The following bill was read a third time:

Senate Bill No. 429, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212c.

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. 197 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 Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 430, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.

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. 198 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 Senate agreed to the title of the bill.

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. 67

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

The motion prevailed.

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 133

The resolution consent calendar was adopted.

Senators Marleau, Jones, Nofs, Hansen, Schuitmaker, Proos, Bieda, Young, Hopgood and Walker offered the following resolution:

Senate Resolution No. 133.

A resolution declaring April 2012 as Michigan Safe Digging Month.

Whereas, This April marks the five-year anniversary for both National Safe Digging Month and the 811 Campaign, which offers Michigan residents an easy-to-remember, toll-free number to call at least three days before beginning any digging project; and

Whereas, By simply dialing 811, Michigan homeowners and contractors are connected to MISS DIG System, Inc., which notifies appropriate utility owners of their intent to dig; and

Whereas, Calling 811 is the safe way to learn the approximate location of underground utilities that include natural gas, electric, phone, Internet, water, and sewer. The month of April traditionally marks the beginning of the commercial and residential construction season, when large-scale projects like buildings and road work begin, as well as smaller jobs like installing landscaping, decks, fencing, and even street mailboxes; and

Whereas, Each year, because of these and other excavation projects, Michigan’s utility infrastructure can be unintentionally damaged by those who fail to call 811 at least three working days prior to digging. Undesired consequences such as service interruption, damage to property and the environment, personal injury, and death can potentially result; and

Whereas, MISS DIG System, Inc., as well as Consumers Energy, DTE Energy, SEMCO Energy, and other Michigan utilities, along with the Michigan Public Service Commission, Michigan legislators, and the National Common Ground Alliance, promote the national call-before-you-dig number—811—in an effort to reduce these damages; and

Whereas, Excavators and homeowners can save time and money while keeping our state and its residents and workers safe and connected by calling 811 in advance of any excavation project; waiting three working days; respecting the marked lines by maintaining visual definition throughout the course of the excavation; and finally, digging with care around the markings; and

Whereas, All parties agree that safety is a shared responsibility. To know what’s below, call 811 before digging; and

Whereas, Through this partnership with these and other utilities, one-call centers, and state and local governments, the 811 Campaign is marking its fifth year of nationwide success at sharing safe digging practices; now, therefore, be it

Resolved by the Senate, That we hereby proclaim April 2012 as Michigan Safe Digging Month. We encourage excavators and homeowners throughout our great state to always call 811 before digging. Safe digging is no accident.

Senators Booher, Hildenbrand and Kowall were named co‑sponsors of the resolution.

Senator Green offered the following resolution:

Senate Resolution No. 134.

A resolution to memorialize Congress to change the eligibility requirements for Social Security Disability Insurance and Supplemental Security Income benefits for individuals with a terminal illness.

Whereas, All workers in our country pay into the Social Security system. While primarily a program to help older Americans in retirement, Social Security is also a fundamental element of our country’s safety net through Social Security Disability Insurance (SSDI). The federal government also provides additional help through the Supplementary Security Income (SSI) program, which is paid for by general revenues and is not tied to work history. These programs are both administered by the Social Security Administration; and

Whereas, SSDI is aimed at helping people who are unable to work due to severe, permanent disabilities. Eligibility for this program includes a five-month waiting period. There is no waiting period to receive SSI benefits, which provide additional support to low-income people who are aged, blind, or disabled; and

Whereas, People suffering from terminal illnesses who seek benefits through SSDI currently are subject to the five-month waiting period. This delay applies even when the person is not expected to live that long. Since a person with such a diagnosis may not immediately qualify under the SSI program, this presents a serious problem for these individuals. To compound the suffering of these individuals by delaying assistance is wrong. This problem could be solved through the creation of a waiver of the five-month delay for individuals diagnosed with a terminal illness or through changes to the SSI program or both;

Whereas, SSDI and SSI are in place to provide a modicum of assistance to those facing severe hardships. Clearly, anyone diagnosed with a terminal illness that includes a prognosis of only a few months to live should be able to obtain this assistance. With proper procedures for review and a requirement for a concurring diagnosis, such a change to the eligibility requirements should be implemented; now, therefore, be it

Resolved by the Senate, That we memorialize Congress to change the eligibility requirements for Social Security Disability Insurance and Supplementary Security Income benefits for individuals who have been diagnosed by a physician as terminally ill when the diagnosis has been confirmed by another qualified physician and includes an estimation that the illness will result in death within six months of the diagnosis; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Senator Meekhof moved that the rule be suspended.

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

The question being on the adoption of the resolution,

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

The motion prevailed.

Senators Brandenburg, Hansen and Kowall were named co‑sponsors of the resolution.

Senators Richardville, Jones, Meekhof, Booher, Pavlov, Hildenbrand, Kahn, Hansen and Brandenburg offered the following resolution:

Senate Resolution No. 135.

A resolution to recognize May 4, 2012, as Stand4Change Day in the state of Michigan.

Whereas, Stand4Change Day is a united movement among our country’s and our state’s youth and educational staff to demonstrate their dedication to promoting inclusive, judgment-free schools across the country; and

Whereas, Defeat the Label, a nonprofit organization, works to bring attention to bullying issues among elementary, middle, and high school students through awareness campaigns, community outreach, special events, and social media; and

Whereas, According to the United States Department of Justice, a child is bullied in the United States every seven minutes, and according to the National Association of School Psychologists, an estimated 160,000 students miss school each day due to bullying; and

Whereas, Defeat the Label has helped to bring awareness of the impact of bullying to our communities and schools across the nation and empowered students to stand up against bullies and their actions; and

Whereas, While students and educators across North America will stand up to bullying by physically standing up in their classrooms at 12 noon (EST) on May 4, 2012, we encourage all Michigan schools to join with them and participate in Stand4Change Day; now, therefore, be it

Resolved by the Senate, That the members of this legislative body do hereby declare May 4, 2012, as Stand4Change Day in Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Education and Jeff Sakwa and Kevin Goldman of West Bloomfield, Michigan, as a token of our appreciation for their efforts in helping to raise awareness in our schools about the impact of bullying.

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

Senator Meekhof moved that the rule be suspended.

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

The resolution was adopted.

Senators Anderson, Bieda, Casperson, Caswell, Colbeck, Emmons, Gleason, Green, Gregory, Hood, Hopgood, Hune, Hunter, Jansen, Johnson, Kowall, Marleau, Moolenaar, Nofs, Pappageorge, Proos, Robertson, Rocca, Schuitmaker, Smith, Walker, Warren, Whitmer and Young were named co‑sponsors of the resolution.

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:

I rise today to ask my colleagues to join me in support of this resolution, Senate Resolution No. 135, which would recognize May 4, 2012, as Stand4Change Day in the state in Michigan. Stand4Change Day is a united movement among our country’s and our state’s youth and educational staff to demonstrate their dedication to promoting inclusive, judgment-free schools across the country.

Stand4Change is sponsored here in Michigan by Defeat the Label, a nonprofit organization working to bring attention to bullying issues among elementary, middle, and high school students through awareness campaigns, community outreach, special events, and social media. Defeat the Label, its founders Jeff Sakwa and Kevin Goldman, and the Stand4Change event are helping to bring awareness of the impact of bullying to our communities and schools across the nation and to empower students to stand up against bullies and their actions.

While students and educators across North America will stand up to bullying by physically standing up in their classrooms at 12:00 noon on May 4, 2012, we are encouraging all Michigan schools to stand with them and participate in the Stand4Change Day.

Mr. President, I saw the movie “Bully” recently, which is a documentary following five families around watching some of the things they have encountered regarding bullying directly. This chamber stood up earlier this year and passed a bill regarding bullying in local schools by coming up with a policy to address it. I would like to invite all members on a bipartisan basis to stand up for change in support of this resolution and united as a Senate body against bullying.

House Concurrent Resolution No. 52.

A concurrent resolution prescribing the legislative schedule.

Resolved by the House of Representatives (the Senate concurring), That when the House adjourns on Thursday, March 29, 2012, it stands adjourned until Tuesday, April 17, 2012, at 1:30 p.m.; and that when the Senate adjourns on Thursday, March 29, 2012, it stands adjourned until Tuesday, April 17, 2012, at 10:00 a.m.

The House of Representatives has adopted the concurrent resolution.

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

Senator Meekhof moved that the rule be suspended.

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

The concurrent resolution was adopted.

Introduction and Referral of Bills

Senators Kahn and Jansen introduced

Senate Bill No. 1053, 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 bill was read a first and second time by title and referred to the Committee on Appropriations.

Senator Gleason introduced

Senate Bill No. 1054, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 279.

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

Senator Gleason introduced

Senate Bill No. 1055, entitled

A bill to amend 1929 PA 312, entitled “The metropolitan district act,” (MCL 119.1 to 119.18) by amending the title and by adding section 5a.

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

Senators Jones and Nofs introduced

Senate Bill No. 1056, entitled

A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending sections 1a, 2, 2a, 3, 3a, and 8 (MCL 28.241a, 28.242, 28.242a, 28.243, 28.243a, and 28.248), sections 1a and 3a as amended and section 8 as added by 2001 PA 187, section 2 as amended by 2001 PA 203, section 2a as added by 2005 PA 310, and section 3 as amended by 2004 PA 222.

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

Senators Booher, Green, Brandenburg and Casperson introduced

Senate Bill No. 1057, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 9301, 9302, 9304, 9307, 9308, and 9310 (MCL 324.9301, 324.9302, 324.9304, 324.9307, 324.9308, and 324.9310), sections 9301, 9302, 9304, 9308, and 9310 as amended by 1998 PA 463 and section 9307 as amended by 2004 PA 439, and by adding sections 51301, 51302, and 51305; and to repeal acts and parts of acts.

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

Senators Meekhof, Green, Brandenburg, Booher and Casperson introduced

Senate Bill No. 1058, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8703, 8707, 8708, and 8709 (MCL 324.8703, 324.8707, 324.8708, and 324.8709), as amended by 2011 PA 2.

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

Senators Booher, Green, Brandenburg and Casperson introduced

Senate Bill No. 1059, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7jj and 27a (MCL 211.7jj[1] and 211.27a), section 7jj as added by 2006 PA 378 and section 27a as amended by 2012 PA 47.

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

Senators Booher, Green, Brandenburg and Casperson introduced

Senate Bill No. 1060, entitled

A bill to amend 2006 PA 379, entitled “Qualified forest property recapture tax act,” by amending section 4 (MCL 211.1034).

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

Senators Moolenaar, Green, Brandenburg, Booher and Casperson introduced

Senate Bill No. 1061, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50301 and 50302 (MCL 324.50301 and 324.50302), as added by 1995 PA 57.

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

Senators Green, Brandenburg, Booher and Casperson introduced

Senate Bill No. 1062, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7dd (MCL 211.7dd), as amended by 2011 PA 320.

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

Statements

Senators Young, Anderson and Gleason asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Young’s statement is as follows:

I would like to begin with a quote: “Injustice anywhere is a threat to justice everywhere.” There is an injustice taking place in Florida that puts all of us at risk and threatens the safety of every man, woman, and child. That injustice cost Trayvon Martin his life and has allowed his killer to walk free. Trayvon was 17, unarmed, and his only crime was that he was wearing a hoodie in a gated community. For this crime, he was shot and killed by George Zimmerman.

George Zimmerman does not deny that he killed the unarmed boy, yet he remains free because he claims he acted in self-defense. Is it self-defense if your victim had tried to get away from you? Is it self-defense if the 9-1-1 operator tells you not to pursue, but to wait until the police arrive? Is it self-defense if the boy begs for help and you shoot him anyway? Is it self-defense if you use a racial slur before shooting your victim? Whatever is self-defense is to be determined, but the fact that a teenage boy is dead is not open for debate. A boy is dead, and whether or not that death was justifiable should be determined by a judge and a jury, not by statute and an executioner. The killer should not be freely roaming the streets.

Sadly, some have now taken to defending the killer than trying to defend this boy. Bringing up aspects of his past that are either irrelevant to the night in question or flat out untrue as attempts to excuse the killer’s actions and blame the victim are as disgusting as they are nauseating. The reverberations of injustice that ripple across this country touching countless numbers of people, including the thousands who rallied in Detroit not just for Trayvon Martin, but also for Delbert Miller and Briana Jones—young children also killed.

So, Mr. President, I say let this be the day we truly stand up for justice to end this all.

Senator Anderson’s statement is as follows:

Mr. President, on March 16, the Michigan Catastrophic Claims Association announced that they are once again raising the assessment on our citizens another $30.00 annually. This will bring the assessment to $175.00 per vehicle and represents a 21 percent increase.

We have all heard time and time again about the need for legislative action to address Michigan’s high auto insurance rates. The Governor has stated that he wants to see reform. I think we are all in agreement that this is a pressing problem in our state. Unfortunately, like so many issues of late, the debate and public discourse surrounding this issue has been skewed by corporate interests with financial statements at stake.

The insurance industry spent nearly a quarter of a million dollars just last year in their efforts to lobby for proposed changes to our no-fault insurance system. Yet the legislation they are pushing does virtually nothing to drive down the actual costs of providing auto insurance, and instead, removes important protections for Michigan drivers.

For true insurance reform, we need to look at the Michigan Catastrophic Claims Association (MCCA) and how it operates. Since 2000, the MCCA has raised its annual assessment per vehicle from $5.60 to $175.00 per insured vehicle—an increase of over 3,000 percent—without having to explain whether these increases are necessary. The financials of the MCCA are not public, are not subject to the Freedom of Information Act, and their board meetings are not subject to the Open Meetings Act. All voting members of the board represent corporate insurance companies.

Insurance executives claim that the recent MCCA fee increases and reforms to our no-fault insurance law are needed because the MCCA is not financially stable enough to continue reimbursing for catastrophic claims. Yet financial information regarding the MCCA is impossible to access, and these claims are very difficult to verify. It has been estimated that the MCCA controls substantial assets, yet legislation that would require the MCCA to be subject to scrutiny has sat largely ignored over the past year and a half.

Early last year, I reintroduced legislation to add accountability and transparency to the MCCA rate determination process. Senate Bill Nos. 74 and 75 would add one member representing the public to the MCCA board; make the Commissioner of the Office of Financial and Insurance Regulation (OFIR) a voting member of the MCCA board; make the MCCA board subject to the Open Meetings Act and Freedom of Information Act, which will require decisions regarding rate increases be made at public meetings, and financial documents must be made available upon request. It would also require that an independent certified public accountant be appointed by the Commissioner to conduct an annual audit of MCCA and report to OFIR and the House and Senate Insurance Committees; and permit the Insurance Commissioner to disapprove any MCCA premium amount the Commissioner believes is excessive.

It is past time for Michigan to enact meaningful reforms to our auto insurance system. Insurance companies and CEOs should not have free reign to hike MCCA assessments without proving they are justified. Every day that we wait for this legislation to pass, Michigan residents will continue to have more money taken from their pockets without any oversight. It is yet another slap in the face to middle-class Michiganders who continue to find themselves forced to do more with less.

I strongly urge that this legislative body take action on this legislation that will result in meaningful reform.

Senator Gleason’s statement is as follows:

I wanted to rise and say thank you on behalf of the city of Flint and the other cities that required and were met with some financial resources to help with law enforcement in their communities. As you know, Michigan has been saddled with some very troubling news about how dangerous our cities are and where they rank on the national scale. So I would like to thank the administration and all of those who found that it was the right thing to do to supplement the law enforcement agencies and our local communities with this very benevolent outreaching of support and financial assistance.

None of us would ever like to be greeted with the news that we have lost a family member, and many of us who represent communities like Saginaw, Flint, Detroit, and others understand that this influx of money can go a long way to settle things down in these troubled towns. So thank you to all of those in the other chamber as well as those in this chamber who felt that was the appropriate and responsible thing to do today.

By unanimous consent the Senate returned to the order of

Motions and Communications

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.

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. 515

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

Senate Bill No. 515, entitled

A bill to authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 157 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; and to provide for disposition of revenue derived from the conveyance of the property.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill by 2/3 vote as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 157 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; to provide for disposition of revenue derived from the conveyance of the property; and to provide for the disposal of fixtures and equipment on the property.

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, 2/3 of the members serving voting therefor, as follows:

Roll Call No. 199 Yeas—33

Anderson Gregory Kahn Proos

Bieda Hansen Kowall Richardville

Booher Hildenbrand Marleau Robertson

Casperson Hune Meekhof Schuitmaker

Caswell Hunter Moolenaar Smith

Colbeck Jansen Nofs Walker

Emmons Johnson Pappageorge Warren

Gleason Jones Pavlov Whitmer

Green

Nays—3

Hopgood Rocca Young

Excused—0

Not Voting—2

Brandenburg 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.

The Senate agreed to the title as amended.

Senator Meekhof moved to reconsider the vote by which the House substitute was concurred in.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, 2/3 of the members serving voting therefor, as follows:

Roll Call No. 200 Yeas—32

Anderson Gregory Jones Pavlov

Bieda Hansen Kahn Proos

Booher Hildenbrand Kowall Richardville

Casperson Hood Marleau Schuitmaker

Caswell Hune Meekhof Smith

Colbeck Hunter Moolenaar Walker

Emmons Jansen Nofs Warren

Gleason Johnson Pappageorge Whitmer

Nays—6

Brandenburg Hopgood Rocca Young

Green Robertson

Excused—0

Not Voting—0

In The Chair: Hansen

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Committee Reports

The Committee on Families, Seniors and Human Services reported

House Bill No. 5057, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2882a (MCL 333.2882a), as added by 2011 PA 28.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Judith K. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Rocca and Nofs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Families, Seniors and Human Services submitted the following:

Meeting held on Wednesday, March 28, 2012, at 3:02 p.m., Room 210, Farnum Building

Present: Senators Emmons (C), Rocca and Nofs

Excused: Senator Gregory

The Committee on Appropriations reported

House Bill No. 4803, entitled

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.

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory and Johnson

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 Wednesday, March 28, 2012, at 2:04 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Tuesday, March 27, 2012, at 2:00 p.m., Room 210, Farnum Building

Present: Senators Caswell (C), Jansen, Proos and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Wednesday, March 28, 2012, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Walker (C), Caswell, Pappageorge and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Community Colleges submitted the following:

Meeting held on Wednesday, March 28, 2012, at 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Booher (C), Schuitmaker and Anderson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Transportation submitted the following:

Meeting held on Wednesday, March 28, 2012, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Pappageorge (C), Colbeck and Anderson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on General Government submitted the following:

Meeting held on Wednesday, March 28, 2012, at 4:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Pappageorge (C), Jansen, Colbeck and Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Higher Education submitted the following:

Meeting held on Thursday, March 29, 2012, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Schuitmaker (C), Walker and Hood

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Meeting held on Thursday, March 29, 2012, at 9:00 a.m., Room 110, Farnum Building

Present: Senators Hune (C), Booher, Emmons and Hansen

Excused: Senator Gleason

Scheduled Meetings

Appropriations -

Subcommittee -

Retirement - Wednesday, April 11, 10:00 a.m. and 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 3:23 p.m.

Pursuant to House Concurrent Resolution No. 52, the Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Tuesday, April 17, 2012, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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