No. 42

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Thursday, May 3, 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 Neil Kelly of The Rock Church of Portage offered the following invocation:

Heavenly Father, it is with great joy that we come before You in prayer along with the millions of others who will join in times of prayer today. May we appropriately begin with giving thanks for You as our Almighty God, for the blessings that You have bestowed on this land, and the protection You have afforded our people. You are a good God, loving, kind, merciful, and full of grace toward every man.

As we pray, we are fully aware of the challenges and the trials that lie ahead and admit our need—yes, the necessity—for divine guidance. The Scriptures teach us that all leaders are appointed by God, so we give thanks for each and every one of them serving today. We are also exhorted to pray for our leaders, all who are in authority, so that we can live peaceful and quiet lives marked by godliness and dignity.

Today, I request Your favor and wisdom that will produce exceptional leadership among those here today to address the many challenges facing our state, along with the God-given gifts, talents, and abilities given to our Senators. May there be an impartation of Your grace; Your supernatural assistance that will first foster a spirit of unity and cooperation; good synergy where quality decisions and agreements are made that will lead to the opening of doors in our state for social and economic prosperity; and entrepreneurial creativity that will serve our state and our people well.

May each Senator and their staff lead with humility, integrity, and honor both towards You and the good people of our state. Lord, I pray over the personal lives of each representative, their families, their marriages, and their children. In the midst of demanding responsibilities, may they love their families well, and may they have peace in their homes.

Lord, it is with unshakable faith in You and the liberty You have provided that we bring these petitions to You. I ask this in the mighty name of Jesus who taught us to pray this way: “Our Father who art in heaven, hallowed be thy name. Thy kingdom come. Thy will be done on earth, as it is in heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive those who trespass against us. And lead us not into temptation, but deliver us from evil. For thine is the kingdom, and the power, and the glory, forever. Amen.”

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

Motions and Communications

Senators Caswell, Nofs, Moolenaar, Warren, Walker, Young and Richardville entered the Senate Chamber.

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 Senators Kowall and Casperson be temporarily excused from today’s session.

The motion prevailed.

Senator Bieda moved that Senator Smith be temporarily excused from today’s session.

The motion prevailed.

Senators Kowall and Casperson entered the Senate Chamber.

The following communication was received:

Department of State

Emergency Administrative Rules

Notice of Filing

April 30, 2012

In accordance with the provisions of MCL 24.248 this is to advise you that the Department of Licensing and Regulatory Affairs, State Office of Regulatory Reinvention filed at 10:00 a.m. on this date, administrative rule (12-04-01E) for the Department of Treasury, entitled “Health Insurance Claims Assessment Act.”

These rules take effect upon filing with the Secretary of State and shall remain in effect for 180 days.

Sincerely,

Ruth A. Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communication was referred to the Secretary for record.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, May 1, for his approval the following bills:

Enrolled Senate Bill No. 29 at 11:40 a.m.

Enrolled Senate Bill No. 30 at 11:42 a.m.

Enrolled Senate Bill No. 93 at 11:44 a.m.

Enrolled Senate Bill No. 1005 at 11:46 a.m.

The Secretary announced that the following official bills were printed on Wednesday, May 2, and are available at the legislative website:

House Bill Nos. 5579 5580 5581 5582 5583 5584 5585 5586 5587 5588 5589 5590

Messages from the Governor

The following messages from the Governor were received:

Date: May 1, 2012

Time: 9:16 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 617 (Public Act No. 116), being

An act to amend 1967 PA 168, entitled “An act to authorize the state administrative board to convey certain lands and to cede a certain water area in Alger county to the United States of America for use by the national park service; and to declare the effect thereof,” by amending sections 1 and 4 (MCL 3.451 and 3.454) and by adding sections 4a, 4b, and 4c.

(Filed with the Secretary of State on May 2, 2012, at 1:36 p.m.)

Date: May 1, 2012

Time: 9:20 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 428 (Public Act No. 118), being

An act to amend 1933 PA 167, entitled “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,” by amending section 6 (MCL 205.56), as amended by 2011 PA 71.

(Filed with the Secretary of State on May 2, 2012, at 1:40 p.m.)

Date: May 1, 2012

Time: 3:12 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 528 (Public Act No. 108), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 21301a, 21304a, 21304b, 21307, 21307a, 21309a, 21310a, 21314a, 21315, 21316, 21316a, and 21320 (MCL 324.21301a, 324.21304a, 324.21304b, 324.21307, 324.21307a, 324.21309a, 324.21310a, 324.21314a, 324.21315, 324.21316, 324.21316a, and 324.21320), sections 21301a, 21304a, 21309a, 21310a, and 21315 as amended and section 21304b as added by 1996 PA 116 and section 21307 as amended and sections 21307a, 21314a, and 21316a as added by 1995 PA 22, and by adding sections 21304c, 21304d, 21323a, 21323b, 21323c, 21323d, 21323e, 21323f, 21323g, 21323h, 21323i, 21323j, 21323k, 21323l, 21323m, 21325, and 21334.

(Filed with the Secretary of State on May 1, 2012, at 4:26 p.m.)

Date: May 1, 2012

Time: 3:18 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 529 (Public Act No. 109), being

(Filed with the Secretary of State on May 1, 2012, at 4:28 p.m.)

Date: May 1, 2012

Time: 3:20 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 530 (Public Act No. 110), being

(Filed with the Secretary of State on May 1, 2012, at 4:30 p.m.)

Date: May 1, 2012

Time: 3:40 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 349 (Public Act No. 114), being

An act to amend 1893 PA 206, entitled “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,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.

(Filed with the Secretary of State on May 1, 2012, at 4:38 p.m.)

Date: May 1, 2012

Time: 3:45 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 531 (Public Act No. 111), being

(Filed with the Secretary of State on May 1, 2012, at 4:32 p.m.)

Date: May 1, 2012

Time: 3:47 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 532 (Public Act No. 112), being

(Filed with the Secretary of State on May 1, 2012, at 4:34 p.m.)

Date: May 1, 2012

Time: 3:49 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 533 (Public Act No. 113), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 21326, 21327, 21502, 21503, 21506a, 21510, 21515, 21517, 21520, 21550, 21558, and 21559 (MCL 324.21326, 324.21327, 324.21502, 324.21503, 324.21506a, 324.21510, 324.21515, 324.21517, 324.21520, 324.21550, 324.21558, and 324.21559), sections 21502 and 21503 as amended by 2006 PA 318, section 21506a as amended by 2007 PA 67, section 21510 as amended by 1995 PA 252, section 21515 as amended by 1996 PA 181, section 21550 as amended by 2010 PA 263, section 21558 as added by 2006 PA 322, and section 21559 as amended by 2008 PA 417; and to repeal acts and parts of acts.

(Filed with the Secretary of State on May 1, 2012, at 4:36 p.m.)

Date: May 1, 2012

Time: 3:51 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1005 (Public Act No. 115), being

An act to amend 1939 PA 288, entitled “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,” by amending sections 13a, 17d, 18f, 19a, 19b, and 19c of chapter XIIA (MCL 712A.13a, 712A.17d, 712A.18f, 712A.19a, 712A.19b, and 712A.19c), sections 13a and 17d as amended by 2004 PA 475, section 18f as amended by 1999 PA 25, section 19a as amended by 2008 PA 200, section 19b as amended by 2010 PA 7, and section 19c as amended by 2011 PA 31.

(Filed with the Secretary of State on May 1, 2012, at 4:40 p.m.)

Respectfully,

Rick Snyder

Governor

Senator Smith entered the Senate Chamber.

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

The motion prevailed.

Senator Richardville’s statement is as follows:

I’m going to talk today a little bit about Senate Resolution No. 135 which recognizes tomorrow, May 4, 2012, as Stand4Change Day in the state of Michigan. I was proud to sponsor this resolution—a resolution that everyone in the Senate co‑sponsored—to help bring attention to Stand4Change Day and the efforts that have been put forth to raise awareness of the impact that bullying has had on our schools and our communities. The Legislature also passed an anti-bullying bill that encourages schools to create anti-bullying policies and help raise awareness of what bullying looks like and how to address it.

I am very proud to work with Defeat the Label and its founders, Jeff Sakwa and Kevin Goldman, and the Stand4Change event to help empower students to stand up against bullies and their actions. Jeff is here with us today, and I would like to thank him and his organization for all that they’ve done to teach and encourage our children to stand up for one another and stand up against bullying.

Here is the announcement part: Tomorrow at noon, students and educators all across North America will stand up to bullying by physically standing up in their classrooms together. Colleagues, I would like to ask if all of you would join with me and show our support for students and educators across the state, the country, and all those who will physically stand up to bullying tomorrow at noon, as part of Stand4Change Day, and kick it off right here in the Michigan Senate.

Senator Anderson’s statement is as follows:

I am saying goodbye to another intern who has been working in my office. I know that we all rely on the work of the interns who work with us. They are an integral part of our offices. Today it is time to say goodbye to Jay Blenkhorn. He has been an intern in my office since January and has been an invaluable part of our team. Jay will be graduating from Michigan State University this week with a degree in international relations and a minor in economics.

He has been a tireless advocate for the constituents in our district. He is intelligent, has a tremendous work ethic, and a degree of professionalism not often seen in someone his age. I have been amazed at the number of constituents who have called my office so complimentary of the work he has done on their behalf. He assists my staff in many areas critical to the smooth functionality of a Senate office, including district correspondence, constituent casework, and legislative tracking.

Jay hopes to one day work for the Department of State or the U.S. Commercial Service. I wish him the best of luck in these endeavors and want him to know that he will be truly missed by everyone in our office.

I would ask my colleagues to join me in thanking Jay for his hard work for the citizens of the 6th District and for his work for the state of Michigan.

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 Young 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 with a substitute therefor, the following bill:

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.

Substitute (S-3).

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. 802, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 141a.

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

Messages from the House

Senator Meekhof moved that consideration of the following bills be postponed for today:

Senate Bill No. 92

Senate Bill No. 269

The motion prevailed.

Senator Meekhof moved that rule 3.202 be suspended to permit immediate consideration of the following bills:

Senate Bill No. 947

Senate Bill No. 949

Senate Bill No. 950

Senate Bill No. 951

Senate Bill No. 952

Senate Bill No. 953

Senate Bill No. 954

Senate Bill No. 955

Senate Bill No. 956

Senate Bill No. 957

Senate Bill No. 958

Senate Bill No. 959

Senate Bill No. 960

Senate Bill No. 961

Senate Bill No. 962

Senate Bill No. 963

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

Senate Bill No. 64, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5714 (MCL 600.5714), as amended by 2004 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,

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

The motion prevailed.

Senate Bill No. 65, entitled

A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” by amending section 34 (MCL 554.134), as amended by 2004 PA 106.

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

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

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

The motion prevailed.

Senate Bill No. 499, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 72116.

The House of Representatives has substituted (H-5) the bill.

The House of Representatives has passed the bill as substituted (H-5), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 947, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 286 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 949, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201, 201a, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, and 230 (MCL 388.1801, 388.1801a, 388.1802, 388.1803, 388.1804, 388.1805, 388.1806, 388.1807, 388.1808, 388.1809, 388.1810, 388.1812, 388.1813, 388.1817, 388.1818, 388.1819, 388.1820, 388.1821, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1827, 388.1828, 388.1829, and 388.1830), as added by 2011 PA 62, and by adding sections 202a and 229a; 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) and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 201 and 206 (MCL 388.1801 and 388.1806), as added by 2011 PA 62.

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 287 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 950, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 288 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 951, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 289 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 952, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 290 Yeas—1

Hune

Nays—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Gleason Jones Proos Young

Green

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 953, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 291 Yeas—1

Hune

Nays—36

Anderson Green Kahn Richardville

Bieda Gregory Kowall Robertson

Booher Hansen Marleau Rocca

Brandenburg Hildenbrand Meekhof Schuitmaker

Casperson Hood Moolenaar Smith

Caswell Hopgood Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Excused—0

Not Voting—1

Johnson

In The Chair: President

Senate Bill No. 954, entitled

A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 292 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 955, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236, 236a, 237, 238, 239, 239a, 240, 241, 242, 243, 244, 245, 251, 252, 253, 254, 255, 256, 257, 258, 261, 263, 263a, 264, 265, 267, 268, 269, 270, 273, 274, 275, 275a, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 289, 291, and 293 (MCL 388.1836, 388.1836a, 388.1837, 388.1838, 388.1839, 388.1839a, 388.1840, 388.1841, 388.1842, 388.1843, 388.1844, 388.1845, 388.1851, 388.1852, 388.1853, 388.1854, 388.1855, 388.1856, 388.1857, 388.1858, 388.1861, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1867, 388.1868, 388.1869, 388.1870, 388.1873, 388.1874, 388.1875, 388.1875a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1885, 388.1886, 388.1889, 388.1891, and 388.1893), as added by 2011 PA 62, and by adding sections 236b, 237b, 263b, 265a, and 293a; 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) and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 236 and 241 (MCL 388.1836 and 388.1841), as added by 2011 PA 62.

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 293 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 956, entitled

A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 294 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 957, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 295 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 958, entitled

A bill to make appropriations for the department of licensing and regulatory affairs and certain other state purposes for the fiscal year ending September 30, 2013; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 296 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 959, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 297 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 960, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 298 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 961, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 18, 18c, 19, 20, 20d, 22a, 22b, 22d, 24, 24a, 24c, 25, 26a, 26b, 31a, 31d, 31f, 32d, 39, 39a, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 93, 94a, 98, 99, 101, 102, 104, 107, 147, 147a, 147b, and 152a (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1618, 388.1618c, 388.1619, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1622d, 388.1624, 388.1624a, 388.1624c, 388.1625, 388.1626a, 388.1626b, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1639, 388.1639a, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1693, 388.1694a, 388.1698, 388.1699, 388.1701, 388.1702, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1747b, and 388.1752a), sections 3, 19, and 101 as amended by 2010 PA 110, section 4 as amended by 2008 PA 268, sections 6, 11, 11a, 11m, 22a, 22b, 24a, 24c, 26b, 51a, 51c, 74, and 104 as amended by 2012 PA 29, sections 11g, 11k, 15, 18, 20, 20d, 22d, 24, 31a, 32d, 39, 39a, 51d, 54, 56, 61a, 81, 93, 94a, 98, 99, 107, 147, and 152a as amended sections 12, 147a, and 147b as added by 2011 PA 62, sections 11j, 26a, 31d, 31f, 53a, and 62 as amended by 2011 PA 299, section 18c as added by 2000 PA 297, section 25 as amended by 2011 PA 322, and section 102 as amended by 2010 PA 204, and by adding sections 11s, 11t, 11u, 22g, 22i, 32p, 95, and 104c; 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) and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2012 PA 29 and section 17b as amended by 2007 PA 137.

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 299 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 962, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2013; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for certain emergency powers; to provide for the powers and duties of certain committees, certain state agencies, and certain employees; and to provide for the acquisition and disposition of certain real and personal property.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 300 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

Senate Bill No. 963, entitled

A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 301 Yeas—0

Nays—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

Excused—0

Not Voting—0

In The Chair: President

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Kahn, Caswell, Jones, Colbeck and Moolenaar introduced

Senate Bill No. 1110, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2912i.

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

Senator Young introduced

Senate Bill No. 1111, entitled

A bill to amend 2011 PA 4, entitled “Local government and school district fiscal accountability act,” (MCL 141.1501 to 141.1531) by adding section 20c.

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

Senators Proos, Warren, Booher, Hopgood, Hansen, Brandenburg, Jones, Nofs, Emmons, Whitmer, Gregory, Anderson, Young and Marleau introduced

Senate Bill No. 1112, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 12b.

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

Senators Warren, Proos, Booher, Hopgood, Hansen, Brandenburg, Jones, Bieda, Nofs, Emmons, Whitmer, Gregory, Anderson, Young and Marleau introduced

Senate Bill No. 1113, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1505.

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

Senators Emmons, Proos, Warren, Booher, Hopgood, Hansen, Brandenburg, Jones, Bieda, Nofs, Whitmer, Gregory, Anderson, Young and Marleau introduced

Senate Bill No. 1114, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1505a.

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

Senators Kahn, Meekhof, Moolenaar and Smith introduced

Senate Bill No. 1115, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 1483, 2959, 6306, and 6307 (MCL 600.1483, 600.2959, 600.6306, and 600.6307), section 1483 as amended by 1993 PA 78, section 2959 as added and section 6306 as amended by 1995 PA 161, and section 6307 as added by 1986 PA 178, and by adding section 6306a.

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

Senators Meekhof, Moolenaar and Smith introduced

Senate Bill No. 1116, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2912a (MCL 600.2912a), as amended by 1993 PA 78.

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

Senators Moolenaar, Meekhof and Smith introduced

Senate Bill No. 1117, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2169 and 2912 (MCL 600.2169 and 600.2912), section 2169 as amended by 1993 PA 78.

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

Senators Hune, Meekhof, Moolenaar and Smith introduced

Senate Bill No. 1118, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2912e, 5852, and 6013 (MCL 600.2912e, 600.5852, and 600.6013), section 2912e as amended by 1993 PA 78, section 5852 as amended by 1988 PA 221, and section 6013 as amended by 2002 PA 77.

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

By unanimous consent the Senate returned 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

The motion prevailed.

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

Senate Resolution No. 147

The resolution consent calendar was adopted.

Senator Booher offered the following resolution:

Senate Resolution No. 147.

A resolution to declare May 3, 2012, as Community College Day in the state of Michigan.

Whereas, The first Michigan two-year college, Grand Rapids Junior College, opened in 1914 and provided high school graduates with two years of general education classes preparing them for future education or workforce experience; and

Whereas, Twenty-seven additional community colleges have been established throughout the state of Michigan since 1914. The community colleges of Michigan include Alpena Community College, Bay College, Delta College, Glen Oaks Community College, Gogebic Community College, Grand Rapids Community College, Henry Ford Community College, Jackson Community College, Kalamazoo Valley Community College, Kellogg Community College, Kirtland Community College, Lake Michigan Community College, Lansing Community College, Macomb Community College, Mid Michigan Community College, Monroe County Community College, Montcalm Community College, Mott Community College, Muskegon Community College, North Central Community College, Northwestern Michigan College, Oakland Community College, St. Clair County Community College, Schoolcraft College, Southwestern Michigan College, Washtenaw Community College, Wayne County Community College District, and West Shore Community College. These institutions educate nearly a half-million students each year; and

Whereas, Michigan community colleges have developed and evolved their educational offerings to include state-of-the-art technical and vocational programs while maintaining high academic standards; and

Whereas, Our state’s community colleges are now recognized as leaders in workforce preparation, training, and retraining, as well as offering community services and cultural opportunities to Michigan communities; and

Whereas, Students investing in a Michigan community college education enjoy an attractive return on investment because of future earning capacity; and

Whereas, The role community colleges play in Michigan’s economic development continues to be more vital as our state’s workforce looks to compete both nationally and globally for the jobs of tomorrow; now, therefore, be it

Resolved by the Senate, That we hereby declare May 3, 2012, as Community College Day in the state of Michigan. We urge appropriate observance of this occasion; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Community College Association members as a token of our appreciation.

Senators Anderson, Bieda, Brandenburg, Casperson, Emmons, Hansen, Hildenbrand, Hopgood, Jansen, Jones, Marleau, Nofs, Pappageorge, Proos, Richardville and Warren were named co‑sponsors of the resolution.

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:

Senate Bill No. 21

Senate Bill No. 802

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. 4563

House Bill No. 5186

Senate Bill No. 21

Senate Bill No. 802

Senate Bill No. 315

Senate Bill No. 316

The motion prevailed.

The following bill was read a third time:

House Bill No. 4563, entitled

A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” (MCL 567.221 to 567.265) by adding section 37a.

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. 302 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 Whitmer

Gleason Johnson Pavlov Young

Green

Nays—1

Warren

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 concerning unclaimed property; to provide for the reporting and disposition of unclaimed property; to make uniform the law concerning unclaimed property; to prescribe the powers and duties of certain state agencies and officials; 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. 5186, entitled

A bill to authorize the state administrative board to accept and convey certain parcels of property in Branch county; to prescribe certain conditions for the acceptance and conveyance of those parcels; and to provide for disposition of certain revenue.

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. 303 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:

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 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. 304 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 Senate agreed to the title of the bill.

The following bill was read a third time:

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 question being on the passage of the bill,

Senator Caswell offered the following amendment:

1. Amend page 3, line 3, by striking out all of subsections (5) and (6) and renumbering the remaining subsections.

The amendment was not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 305 Yeas—27

Bieda Green Kowall Proos

Booher Hansen Marleau Richardville

Brandenburg Hildenbrand Meekhof Robertson

Casperson Hune Moolenaar Rocca

Colbeck Jansen Nofs Schuitmaker

Emmons Jones Pappageorge Walker

Gleason Kahn Pavlov

Nays—11

Anderson Hood Johnson Whitmer

Caswell Hopgood Smith Young

Gregory Hunter Warren

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 315, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1147 (MCL 380.1147).

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

Motions and Communications

Senator Meekhof moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today:

Senate Resolution No. 145

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

By unanimous consent the Senate returned to the order of

Resolutions

Senate Resolution No. 145.

A resolution to urge the Michigan High School Athletic Association to adopt a policy that allows an age eligibility waiver for students with disabilities.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Anderson, Bieda, Booher, Brandenburg, Colbeck, Emmons, Gleason, Green, Hansen, Hildenbrand, Hopgood, Hune, Hunter, Jansen, Jones, Kowall, Marleau, Meekhof, Moolenaar, Pappageorge, Pavlov, Richardville, Robertson, Rocca, Walker, Warren, Whitmer and Young and the Lieutenant Governor were named co‑sponsors of the resolution.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No. 315, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1147 (MCL 380.1147).

(This bill was read a third time earlier today and consideration postponed. See p. 737.)

The question being on the passage of the bill,

Senator Nofs offered the following substitute:

Substitute (S-6).

The question being on the adoption of the substitute,

Senator Booher offered the following amendment to the substitute:

1. Amend page 3, line 3, after “IS” by inserting “NOT”.

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. 306 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 Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 316, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2012 PA 29.

The question being on the passage of the bill,

Senator Hopgood offered the following amendment:

1. Amend page 21, following line 6, by inserting:

“(22) IT IS THE INTENT OF THE LEGISLATURE THAT ANY STATE SAVINGS THAT ARE REALIZED FROM THE CHANGE IN THE AGE ELIGIBILITY TO BE COUNTED IN MEMBERSHIP UNDER SUBSECTION (4)(l) SHALL BE ALLOCATED FOR FUNDING EARLY CHILDHOOD EDUCATION.”.

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. 307 Yeas—14

Anderson Hansen Johnson Warren

Bieda Hood Jones Whitmer

Gleason Hopgood Smith Young

Gregory Hunter

Nays—24

Booher Green Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Kahn Pappageorge Schuitmaker

Emmons Kowall Pavlov Walker

Excused—0

Not Voting—0

In The Chair: President

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. 308 Yeas—36

Anderson Green Jones Proos

Bieda Gregory Kahn Richardville

Booher Hansen Kowall Robertson

Brandenburg Hildenbrand Marleau Rocca

Casperson Hood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Nays—2

Hopgood Young

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Hopgood’s statement is as follows:

I rise to speak in support of the Hopgood amendment which would say that the savings that come from less kids enrolling in kindergarten each year would actually go to support early-childhood education programs. I think it is very important that we do this because we are actually trying to support the appropriate educational setting for these young people so there is access and opportunity for them to be ready by the time they enter kindergarten.

We have seen too much money through this process being taken out of the School Aid Fund, taken out of our schools, and used for other purposes. This would be a clear line where we would say that we want to support early-childhood education. We want to make sure as many resources as we can muster go into the early years and go into our children’s education and opportunities. Therefore, I would ask that members support this amendment.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Young and Colbeck 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:

Mr. President, I would like to start with a quote from Maya Angelou: “We all should know that diversity makes for a rich tapestry, and we must understand that all the threads of the tapestry are equal in value no matter what their color.” The city of Detroit is rich in diversity, and we are proud to be home to people of many different cultures, backgrounds, and nationalities. We celebrate this fact and welcome the festivities of all our communities with open arms.

This weekend, Detroit is set to celebrate Cinco de Mayo and with it the traditions of our citizens of Mexican descent. Many of the individuals who will participate in the festivities on Saturday are constituents I proudly represent as citizens of the 1st District. Just as Detroit welcomes the traditions of its many ancestries, including French, Irish, Italian, African, and many, many more, we embrace our Latino traditions as well. This is what makes our city great. Celebrating together is what helps us continue to push through our struggles today so that we can achieve a better tomorrow.

I would like to extend an invitation to my colleagues, especially you, Mr. President, to come to Detroit this weekend and take part.

Senator Colbeck’s statement is as follows:

Members of the Michigan House and Senate have been meeting every Wednesday morning at 7:00 a.m. for prayer and Bible study since I started serving the 7th State Senate District in January 2011. I would like to point out that we have an open invitation for all members to join us at that time. Anybody willing to get up at 7:00 a.m. on Wednesday morning is welcome to join us over in the House Office Building. There is coffee and doughnuts for the folks who are struggling to get out of bed for that. It is an open invitation to everybody.

Yesterday, this group got together with many other prayerfully-minded individuals to help launch the Michigan Legislative Prayer Caucus. I was honored to be part of that ceremony, as was our Lieutenant Governor and many members of our House and Senate. During the launch of that Prayer Caucus, I was honored to provide a little bit of context to the invocation that we start off every one of our session days with. I would like to provide a little bit of historical context around that invocation if I could.

The start of that tradition harkens all the way back to June 28, 1787. Things weren’t going so well for the Constitutional Convention. We had members of the convention who were disappointed with the progress to date, and some of them had actually started leaving to go back to their home states. It was at this time that Benjamin Franklin delivered a very powerful speech to the Constitutional Convention, and I would like to provide an excerpt of that speech here for my colleagues today.

He went on to say: “In this situation of this Assembly, groping as it were in the dark to find political truth, and scarce able to distinguish it when presented to us, how has it happened, Sir, that we have not hitherto once thought of humbly applying to the Father of lights to illuminate our understandings? And have we now forgotten that powerful friend? Or do we imagine that we no longer need his assistance?

I have lived, Sir, a long time, and the longer I live, the more convincing proofs I see of this truth—that God governs in the affairs of men. And if a sparrow cannot fall to the ground without his notice, is it probable that an empire can rise without his aid? We have been assured, Sir, in the sacred writings, that ‘except the Lord build the house they labor in vain that build it.’ I firmly believe this; and I also believe that without his concurring aid we shall succeed in this political building no better than the Builders of Babel: We shall be divided by our little partial local interests; our projects will be confounded, and we ourselves shall become a reproach and bye word down to future ages.

I therefore beg leave to move—that henceforth prayers imploring the assistance of Heaven, and its blessings on our deliberations, be held in this Assembly every morning before we proceed to business, and that one or more of the Clergy of this city be requested to officiate in that service.”

I would like to point out to my colleagues that this speech was followed by three days of prayer and worship. When the convention reconvened, the delegates had renewed inspiration. The previous turmoil was overcome by a spirit of cooperation. The result of their subsequent deliberations was the birth of our United States Constitution, which reigns to this day as the supreme law of the land.

Today is recognized as the National Day of Prayer nationwide. As such, I would implore my colleagues and all of our citizens to use this occasion to thank Almighty God. We have much to be thankful for.

Committee Reports

The Committee on Reforms, Restructuring and Reinventing reported

Senate Bill No. 1104, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2011 PA 188, and by adding section 704.

With the recommendation that the bill pass.

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

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen, Colbeck, Casperson, Kowall, Robertson and Warren

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Reforms, Restructuring and Reinventing submitted the following:

Meeting held on Wednesday, May 2, 2012, at 8:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren

The Committee on Education reported

Senate Resolution No. 145.

A resolution to urge the Michigan High School Athletic Association to adopt a policy that allows an age eligibility waiver for students with disabilities.

(For text of resolution, see Senate Journal No. 39, p. 654.)

With the recommendation that the resolution be adopted.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Emmons, Colbeck and Young

Nays: None

The resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Wednesday, May 2, 2012, at 12:43 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Pavlov (C), Emmons, Colbeck and Young

Excused: Senator Hopgood

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Wednesday, May 2, 2012, at 12:30 p.m., Room 210, Farnum Building

Present: Senators Brandenburg (C), Jansen, Pappageorge, Proos, Robertson, Bieda and Warren

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Wednesday, May 2, 2012, at 1:30 p.m., Room 110, Farnum Building

Present: Senators Kowall (C), Hildenbrand, Nofs, Hansen and Hunter

Excused: Senators Emmons and Smith

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, May 2, 2012, at 2:03 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 Johnson

Excused: Senator Hopgood

COMMITTEE ATTENDANCE REPORT

The Joint Committee on Administrative Rules submitted the following:

Meeting held on Thursday, May 3, 2012, at 9:00 a.m., Room 100, Farnum Building

Present: Senators Pappageorge (C), Meekhof and Marleau

Excused: Senators Hunter and Johnson

Scheduled Meetings

Energy and Technology - Tuesday, May 8, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307)

Judiciary - Tuesday, May 8, 2:30 p.m., Room 110, Farnum Building (373-5323)

Regulatory Reform - Thursday, May 10, 12:30 p.m., Room 110, Farnum Building (373-5307)

Senator Pavlov moved that the Senate adjourn.

The motion prevailed, the time being 11:38 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 8, 2012, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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