No. 59

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Wednesday, June 13, 2012.

10:00 a.m.

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

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 David Powless of Warren Road Free Methodist Church of Westland offered the following invocation:

O Sovereign God, You are holy and You are just. You are majestic, all-knowing, and all-powerful. You are our Creator. You spoke and there was light. You spoke and there were the heaven and earth, and You are our Creator. You breathed into the dust of the ground and created man, so we thank You that You are the life-giver, and we thank You for life when You give it to us every day.

Father, I thank You that we live in a free country where we can travel anywhere, live anywhere, seek any career, and have access to clean water that so many countries do not have. I thank You for our system of government where we believe in the dignity and honor of every person, that we have the power to vote and to have a say. Even today in this assembly, we believe that we can start it with prayer not as token prayer, but because we seek the favor of God. I thank You for access to education that we can not only seek to better ourselves, but we want to be able to better other people’s lives.

So I thank You for those here today who believe in Your holy Scripture that says it is more blessed to give than to receive. I ask Your favor today, Father, on these leaders as they make decisions for their communities and for their state. We understand that it is not about us, so I ask that You bring unity to this assembly for the sake of the people represented. Give them courage to make decisions that will make a difference for the people of this great state.

I am reminded of Your word which says: “If my people who call my name will humble themselves and pray and seek my face and turn from their wicked way, I will hear from heaven, will forgive their sins and heal their land.” O Father, I pray for healing today. I pray for economic healing. We need a revival in our economy in this state. Father, for the sake our children, bring healing morally. I pray also for a spiritual healing in this land.

Father, now, please give these leaders boldness today to make decisions not only for the people, but also to make decisions that will bring Your favor upon this assembly. Give them boldness to do things that please You for Your favor to be upon this land.

I pray this now in Your most holy, majestic, and powerful name. Amen.

The Assistant President pro tempore, Senator Hansen, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Kahn entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

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

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

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.

Senators Moolenaar and Schuitmaker entered the Senate Chamber.

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 am here today to bid farewell and give all of our best wishes to a valuable and trusted member of the Senate Republican staff. Terry Marquardt is currently on a leave of absence from the Senate, but unfortunately, will not be coming back to us. He has accepted a position with the Secretary of State’s office and will continue his service to the state in his new role. Joining us on the floor today are his wife Deb and two of his sons, Jonathon and Trevor. In the east Gallery are additional family members including Deb’s parent and Terry’s sister and her family.

Terry has lived nearly his entire life in Eaton County. After high school, he served in the United States Marine Corps, leaving with an honorable discharge in 1976. He came home to Eaton County and got involved in politics. He started working in the Legislature, joining the House Republican staff in 1987 and over the years has gone on to become a very well-liked and respected staff member. Terry has served many roles in both the Legislature and executive branch over the last 25 years. He has been chief of staff to two former Senators, Jon Cisky and Jud Gilbert, director of Republican Caucus Services in both the House and the Senate, and legislative liaison for the State Budget Office under Governor Engler.

Some of his political jobs have included deputy campaign manager for the Engler for Governor campaign and political director of the Michigan Republican Party. Most importantly, Terry was part of the team who came down to Monroe County and recruited me to run for State Representative.

He has four sons, Curtis, Derek, Jonathon, and Trevor. Terry will be greatly missed by me, this Republican Caucus, and every member of our staff. Our loss is truly Ruth Johnson’s gain.

Colleagues, please join me in wishing Terry all the best as he moves on to a new job and new challenges.

Recess

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

The motion prevailed, the time being 10:13 a.m.

10:18 a.m.

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

Senator Meekhof moved that the Committee on Local Government and Elections be discharged from further consideration of the following bill:

House Bill No. 5297, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2011 PA 163.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 5297

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

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

House Bill No. 5560

House Bill No. 5658

House Bill No. 4146

House Bill No. 5007

House Bill No. 4455

Senate Bill No. 970

House Bill No. 5688

House Bill No. 5705

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

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, June 12:

House Bill No. 5146

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, June 12, for his approval the following bills:

Enrolled Senate Bill No. 721 at 11:53 a.m.

Enrolled Senate Bill No. 722 at 11:55 a.m.

Enrolled Senate Bill No. 744 at 11:57 a.m.

Enrolled Senate Bill No. 930 at 11:59 a.m.

Enrolled Senate Bill No. 322 at 12:01 p.m.

Enrolled Senate Bill No. 323 at 12:03 p.m.

Enrolled Senate Bill No. 937 at 12:05 p.m.

Enrolled Senate Bill No. 1077 at 12:07 p.m.

Enrolled Senate Bill No. 723 at 12:09 p.m.

Enrolled Senate Bill No. 1090 at 12:11 p.m.

The Secretary announced that the following official bills were printed on Tuesday, June 12, and are available at the legislative website:

Senate Bill Nos. 1177 1178 1179

Messages from the Governor

The following message from the Governor was received and read:

June 12, 2012

I respectfully submit to the Senate the following appointments to office:

Detroit Financial Advisory Board

Kenneth Whipple of 1115 Country Club Road, Bloomfield Hills, Michigan 48304, county of Oakland, is appointed by the State Treasurer, for a term expiring 36 months after the effective date of his appointment.

Robert A. Bowman of 815 Glenn Drive, Harbor Springs, Michigan 49740, county of Emmet, is appointed jointly by the Governor and Mayor, for a term expiring 12 months after the effective date of his appointment.

Darrell Burks of 32556 Woodcreek Court, Franklin, Michigan, 48025, county of Oakland, is appointed by the Governor, for a term expiring 36 months after the effective date of his appointment.

Glenda D. Price of 19460 Burlington Drive, Detroit, Michigan 48203, county of Wayne, is appointed by the Governor, for a term expiring 12 months after the effective date of her appointment.

Ronald E. Goldsberry of 2759 Turtle Ridge Drive, Bloomfield Hills, Michigan 48302, county of Oakland, is appointed by the Governor, for a term expiring 24 months after the effective date of his appointment.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

House Bill No. 5164

House Bill No. 5058

House Bill No. 5059

House Bill No. 5061

House Bill No. 5062

House Bill No. 5142

House Bill No. 4913

House Bill No. 5611

House Bill No. 5468

House Bill No. 4723

House Bill No. 4724

House Bill No. 5441

House Bill No. 5609

House Bill No. 4513

House Bill No. 5573

House Bill No. 5553

House Bill No. 5595

House Bill No. 5596

House Bill No. 5414

House Bill No. 5572

The motion prevailed.

The following bill was read a third time:

House Bill No. 5164, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301, 2035, 44501, 44511, 44516, 44518, 44520, 44520a, and 44524 (MCL 324.1301, 324.2035, 324.44501, 324.44511, 324.44516, 324.44518, 324.44520, 324.44520a, and 324.44524), section 1301 as amended by 2011 PA 218, section 2035 as added and sections 44501, 44511, and 44518 as amended by 2004 PA 587, sections 44516, 44520, and 44524 as added by 1995 PA 57, and section 44520a as added by 2006 PA 183, and by adding section 44522a; and to repeal acts and parts of acts.

The question being on the passage of the bill,

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

Roll Call No. 488 Yeas—31

Bieda Green Kahn Proos

Booher Hansen Kowall Richardville

Brandenburg Hildenbrand Marleau Robertson

Casperson Hopgood Meekhof Rocca

Caswell Hune Moolenaar Schuitmaker

Colbeck Hunter Nofs Smith

Emmons Jansen Pappageorge Walker

Gleason Jones Pavlov

Nays—6

Anderson Hood Whitmer Young

Gregory Warren

Excused—1

Johnson

Not Voting—0

In The Chair: Hansen

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

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

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

“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5058, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 9 and 21a (MCL 169.209 and 169.221a), section 9 as amended by 1996 PA 590 and section 21a as added by 1994 PA 411.

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. 489 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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 political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5059, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 4, 6, 11, 33, and 35 (MCL 169.203, 169.204, 169.206, 169.211, 169.233, and 169.235), section 3 as amended by 1989 PA 95, sections 4, 6, and 11 as amended by 2012 PA 31, section 33 as amended by 1999 PA 238, and section 35 as amended by 2000 PA 75.

The question being on the passage of the bill,

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

Roll Call No. 490 Yeas—36

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Emmons Hunter Pappageorge Warren

Gleason Jansen Pavlov Whitmer

Green Jones Proos Young

Nays—1

Colbeck

Excused—1

Johnson

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 political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5061, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 761, 813, and 829 (MCL 168.761, 168.813, and 168.829), section 761 as amended by 2005 PA 71 and sections 813 and 829 as added by 2004 PA 92, and by adding section 38.

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. 491 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—11

Anderson Gregory Hunter Whitmer

Bieda Hood Smith Young

Gleason Hopgood Warren

Excused—1

Johnson

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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5062, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 31, 33, 514, 679a, 811, 847, 931, and 942 (MCL 168.31, 168.33, 168.514, 168.679a, 168.811, 168.847, 168.931, and 168.942), section 31 as amended by 2005 PA 71, section 33 as amended by 2002 PA 91, section 514 as amended by 1992 PA 195, section 679a as added by 2004 PA 256, sections 847 and 942 as amended by 1995 PA 261, and section 931 as amended by 1996 PA 583, and by adding section 31a.

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. 492 Yeas—36

Anderson Green Jones Proos

Bieda Gregory Kahn Richardville

Booher Hansen Kowall Robertson

Brandenburg Hildenbrand Marleau Rocca

Casperson Hood Meekhof Schuitmaker

Caswell Hopgood Moolenaar Smith

Colbeck Hune Nofs Walker

Emmons Hunter Pappageorge Warren

Gleason Jansen Pavlov Whitmer

Nays—1

Young

Excused—1

Johnson

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.

Senator Robertson offered to amend the title to read as follows:

A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 31, 33, 514, 679a, 811, 847, and 942 (MCL 168.31, 168.33, 168.514, 168.679a, 168.811, 168.847, and 168.942), section 31 as amended by 2005 PA 71, section 33 as amended by 2002 PA 91, section 514 as amended by 1992 PA 195, section 679a as added by 2004 PA 256, and sections 847 and 942 as amended by 1995 PA 261, and by adding section 31a.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

House Bill No. 5142, entitled

A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 2, 4, 6, and 8 (MCL 125.2872, 125.2874, 125.2876, and 125.2878), sections 2 and 6 as amended by 2008 PA 44.

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. 493 Yeas—25

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Smith

Emmons Hopgood Meekhof Warren

Gleason Hunter Pavlov Whitmer

Green Jansen Proos Young

Gregory

Nays—12

Brandenburg Colbeck Moolenaar Rocca

Casperson Hune Nofs Schuitmaker

Caswell Jones Pappageorge Walker

Excused—1

Johnson

Not Voting—0

In The Chair: Hansen

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

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

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

“An act to provide for the establishment of a corridor improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas in the districts; to promote the economic growth of the districts; to create a board; to prescribe the powers and duties of the board; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4913, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2008 PA 299.

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. 494 Yeas—35

Anderson Gregory Kahn Robertson

Bieda Hansen Kowall Rocca

Booher Hildenbrand Marleau Schuitmaker

Brandenburg Hood Meekhof Smith

Casperson Hopgood Moolenaar Walker

Colbeck Hune Pappageorge Warren

Emmons Hunter Pavlov Whitmer

Gleason Jansen Proos Young

Green Jones Richardville

Nays—2

Caswell Nofs

Excused—1

Johnson

Not Voting—0

In The Chair: Hansen

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

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

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

“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5611, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 531 (MCL 436.1531), as amended by 2005 PA 97.

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. 495 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; 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. 5468, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending sections 102, 401a, 401b, 401c, 401d, and 717 (MCL 484.1102, 484.1401a, 484.1401b, 484.1401c, 484.1401d, and 484.1717), section 102 as amended and sections 401c and 401d as added by 2007 PA 164 and sections 401a, 401b, and 717 as amended by 2008 PA 379.

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. 496 Yeas—29

Bieda Hildenbrand Marleau Richardville

Booher Hopgood Meekhof Schuitmaker

Casperson Hunter Moolenaar Smith

Caswell Jansen Nofs Walker

Emmons Jones Pappageorge Warren

Gleason Kahn Pavlov Whitmer

Gregory Kowall Proos Young

Hansen

Nays—7

Anderson Colbeck Hune Rocca

Brandenburg Green Robertson

Excused—1

Johnson

Not Voting—1

Hood

In The Chair: Hansen

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

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

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

“An act to provide for the establishment of emergency 9-1-1 districts; to provide for the installation, operation, modification, and maintenance of universal emergency 9-1-1 service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, service suppliers, and others; to create an emergency 9-1-1 service committee; to provide remedies and penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4723, entitled

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

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. 497 Yeas—35

Anderson Green Jones Proos

Bieda Gregory Kahn Richardville

Booher Hansen Kowall Robertson

Brandenburg Hildenbrand Marleau Rocca

Casperson Hood Meekhof Schuitmaker

Caswell Hopgood Moolenaar Smith

Colbeck Hune Nofs Walker

Emmons Hunter Pappageorge Whitmer

Gleason Jansen Pavlov

Nays—1

Warren

Excused—1

Johnson

Not Voting—1

Young

In The Chair: Hansen

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

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

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

“An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4724, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 14l.

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. 498 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—10

Anderson Hood Smith Whitmer

Gleason Hopgood Warren Young

Gregory Hunter

Excused—1

Johnson

Not Voting—0

In The Chair: Hansen

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

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

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

“An act to protect the welfare of the people of this state; 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.

Protest

Senator Gregory, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4724 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Gregory’s statement is as follows:

I rise in opposition to this bill. Whereas the bill involves replacement cost for lost or stolen Bridge Cards, I would be opposed to that as a rule. I wonder if the members understand truly what this bill is all about.

The whole issue of lost or stolen Bridge Cards is already in effect. The Department of Human Services deemed that they had the authority to implement this program some time ago, so it is already in effect. What this bill would do is it would put it into statute. My opposition to this is that if it is in statute, just as the department put it into effect, if they say that this is not working, or there is a better way of doing this, then now you can’t do that. You must come back to the Legislature and have us vote to take it back out of statute again. Right now it is something that the department feels they have the authority to do, which they do, and they have done so diligently.

I don’t agree that putting this into statute would help the department. It would only hinder them, handicap them. Actually, it would have the Legislature overseeing and doing things that the department should be doing. So I would ask my colleagues to re-evaluate this bill and consider the fact that it is already in effect. Even if we vote “no,” it is still being done. So I would ask all my colleagues to not take this step of putting this in statute, but leave it at the discretion of the department, and vote “no” on this bill.

The following bill was read a third time:

House Bill No. 5441, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5305 (MCL 700.5305), as amended by 2000 PA 464.

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. 499 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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 codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; 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. 5609, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 78p.

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. 500 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

Not Voting—0

In The Chair: Hansen

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

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

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

“An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4513, 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,

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

Roll Call No. 501 Yeas—36

Anderson Green Jones Proos

Bieda Gregory Kahn Richardville

Booher Hansen Kowall Robertson

Brandenburg Hildenbrand Marleau Rocca

Casperson Hood Meekhof Schuitmaker

Caswell Hopgood Moolenaar Smith

Colbeck Hune Nofs Walker

Emmons Hunter Pappageorge Warren

Gleason Jansen Pavlov Whitmer

Nays—1

Young

Excused—1

Johnson

Not Voting—0

In The Chair: Hansen

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

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

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

“An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5573, entitled

A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 13a (MCL 42.13a), as added by 2006 PA 596.

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. 502 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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 authorize the incorporation of charter townships; to provide a municipal charter therefor; to prescribe the powers and functions thereof; and to prescribe penalties and provide remedies,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5553, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 461 (MCL 18.1461), as amended by 1999 PA 8.

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. 503 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

Not Voting—0

In The Chair: Hansen

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

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

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

“An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5595, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending sections 2, 3, 4, 5, 6, 9a, and 9b (MCL 290.602, 290.603, 290.604, 290.605, 290.606, 290.609a, and 290.609b), section 2 as amended and sections 9a and 9b as added by 2002 PA 208.

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. 504 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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 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. 5596, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending sections 10a, 10b, 28c, 28d, 29, 31, and 31a (MCL 290.610a, 290.610b, 290.628c, 290.628d, 290.629, 290.631, and 290.631a), sections 10a and 10b as amended and section 31a as added by 2002 PA 208, section 28c as amended by 2008 PA 351, section 28d as added by 2008 PA 345, section 29 as amended by 1986 PA 194, and section 31 as amended by 2006 PA 125, and by adding section 28e.

The question being on the passage of the bill,

Senator Hune offered the following amendment:

1. Amend page 13, line 15, after “(a)” by striking out “REQUEST THE ATTORNEY GENERAL TO INITIATE” and inserting “Initiate”.

The amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 505 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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 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. 5414, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 75101, 75102, and 75104 (MCL 324.75101, 324.75102, and 324.75104), as added by 1995 PA 58.

The question being on the passage of the bill,

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

The motion prevailed.

The following bill was read a third time:

House Bill No. 5572, entitled

A bill to support voluntary home visitation programs; to authorize the promulgation of rules regarding home visitation programs; and to prescribe the powers and duties of certain state departments and agencies.

The question being on the passage of the bill,

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

Roll Call No. 506 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Hansen, Booher, Proos, Gleason, Hildenbrand, Colbeck, Pappageorge, Warren, Meekhof, Walker, Casperson, Hopgood, Jones, Emmons, Kowall, Schuitmaker and Moolenaar introduced

Senate Bill No. 1180, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 224 (MCL 257.224), as amended by 2006 PA 177.

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

Senators Booher, Hansen and Casperson introduced

Senate Bill No. 1181, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 11 and 11c (MCL 247.661 and 247.661c), section 11 as amended by 2002 PA 639 and section 11c as amended by 2002 PA 498.

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

House Bill No. 5146, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3a (MCL 205.93a), as amended by 2008 PA 439.

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

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

By unanimous consent the Senate returned to the order of

General Orders

Senator Pavlov moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the Assistant President pro tempore, Senator Hansen, designated Senator Warren as Chairperson.

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

House Bill No. 5543, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2011 PA 304.

Senate Bill No. 1167, entitled

A bill to amend 1909 PA 278, entitled “The home rule village act,” (MCL 78.1 to 78.28) by amending the title, as amended by 1998 PA 148, and by adding sections 27a, 27b, 27c, 27d, 27e, 27f, 27g, 27h, 27i, 27j, 27k, 27l, 27m, and 27n.

House Bill No. 5646, entitled

A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025) and by adding section 5a; and to repeal acts and parts of acts.

House Bill No. 5541, entitled

A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of technology, management, and budget and the state administrative board.

House Bill No. 5560, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 169 (MCL 750.169).

House Bill No. 5658, entitled

A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 2, 6, and 7a (MCL 800.322, 800.326, and 800.327a), section 2 as amended and section 7a as added by 1996 PA 537 and section 6 as amended by 2010 PA 308.

House Bill No. 4146, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 1998 PA 247 and by adding section 682c.

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. 5158, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 470.

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:

House Bill No. 4116, entitled

A bill to amend 1846 RS 12, entitled “Of certain state officers,” (MCL 14.28 to 14.35) by adding section 32a.

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. 402, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5139.

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. 403, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 309 (MCL 257.309), as amended by 2004 PA 362.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:

Senate Bill No. 1004, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2008 PA 458 and section 11 as amended by 2004 PA 474.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 2, line 11, by striking out “OCTOBER 1, 2011” and inserting “OCTOBER 1, 2012”.

2. Amend page 9, line 10, by striking out “OCTOBER 1, 2011” and inserting “OCTOBER 1, 2012”.

The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5340, entitled

A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 37 (MCL 205.737), as amended by 2006 PA 174.

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. 5007, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10c, 12, and 13 (MCL 247.660c, 247.662, and 247.663), section 10c as amended by 2010 PA 257, section 12 as amended by 2010 PA 143, and section 13 as amended by 2010 PA 261.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:

House Bill No. 4455, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3171, 3172, 3173a, 3174, 3175, 3320, and 3330 (MCL 500.3171, 500.3172, 500.3173a, 500.3174, 500.3175, 500.3320, and 500.3330), sections 3172 and 3175 as amended and section 3173a as added by 1984 PA 426 and section 3320 as amended by 1980 PA 461.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 11, following line 22, by inserting:

SEC. 3178. AFTER AN ASSIGNED CLAIMS PLAN IS APPROVED UNDER SECTION 3171(3), THE MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY BOARD OF GOVERNORS SHALL REPORT ANNUALLY TO THE COMMISSIONER AND THE COMMISSIONER SHALL REPORT TO THE STANDING COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY JURISDICTION OVER INSURANCE MATTERS ON THE EFFECTIVENESS OF THE ASSIGNED CLAIMS PLAN, INCLUDING DETAILED DEMOGRAPHIC INFORMATION ON THE INDIVIDUALS WHO ARE SUBMITTING CLAIMS AND WHOSE CLAIMS ARE BEING ASSIGNED.”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:

House Bill No. 5297, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2011 PA 163.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 9, line 24, by striking out all of subsection (17) and inserting:

“Enacting section 1. This amendatory act takes effect August 15, 2012.”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

Recess

Senator Meekhof moved that the Senate recess until 3:00 p.m.

The motion prevailed, the time being 11:43 a.m.

The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator Hansen.

Recess

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

The motion prevailed, the time being 3:01 p.m.

3:17 p.m.

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

During the recess, Senator Johnson entered the Senate Chamber.

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. 762

Senate Bill No. 1045

House Bill No. 4593

House Bill No. 4594

The motion prevailed.

Senate Bill No. 109, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.

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. 570, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13f.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

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

The Senate agreed to the full title.

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

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

The motion prevailed.

Senate Bill No. 897, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2008 PA 291.

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. 698, entitled

A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2008 PA 47.

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

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

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

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

Senate Bill No. 699, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 874 (MCL 600.874).

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. 700, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8316 (MCL 600.8316).

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. 861, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as added by 2010 PA 194.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

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

The Senate agreed to the full title.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 5541

House Bill No. 5297

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

The following bill was read a third time:

House Bill No. 5541, entitled

A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of technology, management, and budget and the state administrative board.

The 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. 507 Yeas—36

Anderson Green Jones Proos

Bieda Gregory Kahn Richardville

Booher Hansen Kowall Robertson

Brandenburg Hildenbrand Marleau Rocca

Casperson Hood Meekhof Schuitmaker

Caswell Hopgood Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Young

Nays—1

Hune

Excused—1

Whitmer

Not Voting—0

In The Chair: Hansen

Senator Meekhof moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5297, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2011 PA 163.

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. 508 Yeas—37

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Young

Green

Nays—0

Excused—1

Whitmer

Not Voting—0

In The Chair: Hansen

Senator Meekhof moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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

“An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.

The Senate agreed to the full title.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 115

Senate Concurrent Resolution No. 26

Senate Resolution No. 34

Senate Resolution No. 85

Senate Resolution No. 105

House Concurrent Resolution No. 29

Senate Resolution No. 112

House Concurrent Resolution No. 6

Senate Resolution No. 120

Senate Resolution No. 127

House Concurrent Resolution No. 49

House Concurrent Resolution No. 53

House Concurrent Resolution No. 54

Senate Concurrent Resolution No. 27

The motion prevailed.

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

Senate Resolution No. 161

Senate Resolution No. 162

The resolution consent calendar was adopted.

Senator Hildenbrand offered the following resolution:

Senate Resolution No. 161.

A resolution proclaiming July 11, 2012, as Srebrenica Remembrance Day in the state of Michigan and the week of July 11, 2012, as Bosnia and Herzegovina Tribute Week.

Whereas, Both the United States Senate and House of Representatives passed resolutions in 2005 acknowledging the genocide that the Serbian forces perpetrated in Srebrenica and all of Bosnia from 1992-1995; and

Whereas, July 11, 2012, is commemorated as the 17th anniversary of the Srebrenica genocide in which at least 8,372 innocent Bosniak civilians were summarily executed and 30,000 were expelled from their homes in the worst atrocity in Europe since the Holocaust; and

Whereas, This anniversary, together with this year’s 20th anniversary since the beginning of the war in Bosnia and Herzegovina, raises awareness of the tragic suffering of the Bosnian people and honors and remembers over 100,000 civilians who died as a result of the policies of ethnic cleansing and aggression in Bosnia and Herzegovina during the period of 1992-1995; and

Whereas, The Congress of North American Bosniaks (CNAB), the umbrella organization representing Bosniaks in the United States and Canada, requested this resolution; and

Whereas, The state of Michigan recognizes the importance of this event to bring closure for the Bosnian people through justice and truth; now, therefore, be it

Resolved by the Senate, That we hereby proclaim July 11, 2012, as Srebrenica Remembrance Day and the week of July 11, 2012, as Bosnia and Herzegovina Tribute Week in the state of Michigan; and be it further

Resolved, That we call upon all citizens to work toward ending the cycle of violence and promoting peaceful coexistence among all.

Senators Bieda, Booher, Brandenburg, Green, Hansen, Hopgood, Jansen, Kowall, Marleau, Nofs and Proos were named co‑sponsors of the resolution.

Senators Emmons, Proos, Booher, Brandenburg, Green, Marleau, Rocca, Caswell, Colbeck, Schuitmaker, Moolenaar, Hildenbrand, Kowall, Gleason, Hunter, Hune, Robertson, Jones, Kahn, Meekhof, Gregory, Hood, Hopgood, Richardville, Nofs, Casperson, Jansen, Whitmer, Pavlov, Walker, Smith, Bieda, Young and Warren offered the following resolution:

Senate Resolution No. 162.

A resolution to declare June 12, 2012, as Dairy Foods Awareness Day in the state of Michigan.

Whereas, The mission of the Michigan Dairy Foods Association is to support and promote activities designed to improve and maintain the general well-being of the dairy processing industry; and

Whereas, The Michigan Dairy Foods Association is a trade and membership service organization representing all aspects of the dairy processing industry in Michigan. The association’s primary purposes are to assure that a strong environment exists for the creation and maintenance of sound public policy as it relates to all aspects of the dairy processing industry in Michigan; to enhance the position, prestige, and competitive ability of the association’s members; and to provide educational programs to enhance members’ abilities to process and market fine dairy products, packaged waters, and juices in Michigan and throughout the world; and

Whereas, Dairy Foods Awareness Day was established by the Michigan Dairy Foods Association to demonstrate the importance of the dairy processing industry in Michigan and to promote the 3-A-Day concept of three servings of calcium-rich dairy products per day, which helps ensure a healthy diet. We salute the people of the Michigan Dairy Foods Association for their efforts to expand our awareness and knowledge of the dairy processing industry; now, therefore, be it

Resolved by the Senate, That the members of this legislative body declare June 12, 2012, as Dairy Foods Awareness Day in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of Dairy Foods Awareness Day as evidence of our esteem.

Senators Anderson, Hansen and Pappageorge were named co‑sponsors of the resolution.

House Concurrent Resolution No. 11.

A concurrent resolution to memorialize Congress to adopt and present to the states for ratification an amendment to the Constitution of the United States to establish fundamental parental rights.

Whereas, The rights of parents to direct the upbringing and education of their children is a fundamental right that must be protected by the Constitution of the United States and the Michigan Constitution; and

Whereas, Our nation has historically relied first and foremost on parents to meet the real and constant needs of children; and

Whereas, The interests of children are best served when parents are free to make childrearing decisions about education, religion, and other areas of a child’s life without state interference; and

Whereas, The United States Supreme Court in Wisconsin v. Yoder (1972) has held that “This primary role of the parents in the upbringing of their children is now established beyond debate as an enduring American tradition”; and

Whereas, However, the United States Supreme Court in Troxel v. Granville (2000) produced 6 different opinions on the nature and enforceability of parental rights under the Constitution of the United States; and

Whereas, This decision has created confusion and ambiguity about the fundamental nature of parental rights in the laws and society of several states; and

Whereas, A proposed amendment to the Constitution of the United States (House Joint Resolution 3) has been introduced in the 112th Congress that would prevent erosion of the enduring American tradition of treating parental rights as fundamental rights:

Section One: The liberty of parents to direct the upbringing and education of their children is a fundamental right.

Section Two: Neither the United States nor any state shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

Section Three: No treaty may be adopted nor shall any source of international law be employed to supercede, modify, interpret, or apply to the rights guaranteed by this article.

; and

Whereas, This amendment would add explicit text to the Constitution of the United States to protect in perpetuity the rights of parents as they are now enjoyed, without substantive change to current state or federal laws respecting these rights; and

Whereas, Such enumeration of these rights in the text of our nation’s constitution would preserve them from being infringed upon by the shifting ideologies and interpretations of the United States Supreme Court; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize Congress to adopt and present to the states for ratification an amendment to the Constitution of the United States to establish fundamental parental rights; 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.

The House of Representatives has adopted the concurrent resolution.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senators Brandenburg, Colbeck, Green, Hansen, Jansen, Marleau, Nofs and Proos were named co‑sponsors of the concurrent resolution.

By unanimous consent the Senate returned to the order of

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the Assistant President pro tempore, Senator Hansen, designated Senator Warren 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 with a substitute therefor, the following bill:

House Bill No. 5424, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 722 and 724 (MCL 257.722 and 257.724), section 722 as amended by 2009 PA 146 and section 724 as amended by 2009 PA 169.

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

Senate Bill No. 751, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509r, 509aa, 658, 659, 661, and 761 (MCL 168.509r, 168.509aa, 168.658, 168.659, 168.661, and 168.761), section 509r as amended by 2003 PA 302, section 509aa as amended by 2004 PA 92, section 659 as amended by 2004 PA 296, section 661 as amended by 1982 PA 2, and section 761 as amended by 2005 PA 71, and by adding section 764c.

The House of Representatives has amended the bill as follows:

1. Amend page 3, line 18, after “FILE” by inserting “BECAUSE THE VOTER WAS SENT A NOTICE UNDER SECTION 509AA TO CONFIRM THE VOTER’S RESIDENCE INFORMATION”.

2. Amend page 3, line 19, after “BE” by striking out “PREPARED” and inserting “MARKED IN THE SAME MANNER”.

3. Amend page 11, line 15, by striking out all of section 761.

4. Amend page 16, following line 16, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect August 15, 2012.”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 509r, 509aa, 658, 659, and 661 (MCL 168.509r, 168.509aa, 168.658, 168.659, and 168.661), section 509r as amended by 2003 PA 302, section 509aa as amended by 2004 PA 92, section 659 as amended by 2004 PA 296, and section 661 as amended by 1982 PA 2, and by adding section 764c.

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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 509 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—11

Anderson Gregory Hunter Warren

Bieda Hood Johnson Young

Gleason Hopgood Smith

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title as amended.

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

Senate Bill No. 752, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 569a, 671, 792a, and 871 (MCL 168.569a, 168.671, 168.792a, and 168.871), section 569a as added by 1985 PA 24, section 671 as amended by 1995 PA 261, section 792a as amended by 2005 PA 71, and section 871 as amended by 2000 PA 207, and by adding section 686b.

The House of Representatives has amended the bill as follows:

1. Amend page 3, line 24, by striking out “IF” and inserting “FOR ELECTIONS CONDUCTED BEFORE JULY 1, 2014, IF”.

2. Amend page 3, line 26, after “VILLAGE” by striking out “SHALL” and inserting “MAY”.

3. Amend page 4, line 1, after “VILLAGE.” by inserting “FOR ELECTIONS CONDUCTED ON OR AFTER JULY 1, 2014, IF A CITY, TOWNSHIP, OR VILLAGE DECIDES TO USE ABSENT VOTER COUNTING BOARDS, THE BOARD OF ELECTION COMMISSIONERS OF THAT CITY, TOWNSHIP, OR VILLAGE SHALL ESTABLISH AN ABSENT VOTER COUNTING BOARD FOR EACH ELECTION DAY PRECINCT IN THAT CITY, TOWNSHIP, OR VILLAGE.”.

4. Amend page 15, line 16, by striking out all of enacting section 1.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 510 Yeas—37

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Young

Green

Nays—0

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the full title.

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

Senate Bill No. 753, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11e of chapter XVII (MCL 777.11e), as added by 2002 PA 31.

The House of Representatives has amended the bill as follows:

1. Amend page 2, line 4, by striking out all of enacting section 1.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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 amendment made to the bill by the House,

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

Roll Call No. 511 Yeas—37

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Young

Green

Nays—0

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the full title.

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

Senate Bill No. 754, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509v (MCL 168.509v), as added by 1994 PA 441, and by adding section 497c.

The House of Representatives has amended the bill as follows:

1. Amend page 3, line 3, after “(3)” by striking out “BEFORE” and inserting “BEGINNING 30 DAYS AFTER THE DATE THE DEPARTMENT OF STATE MAKES REGISTRATION FORMS AVAILABLE TO THIRD-PARTY VOTER REGISTRATION ORGANIZATIONS AND BEFORE”.

2. Amend page 3, line 5, after “STATE” by striking out the comma.

3. Amend page 3, line 6, by striking out “STATE, AND” and inserting “STATE. THE DEPARTMENT OF STATE SHALL MAKE THE REGISTRATION FORM FOR THIRD-PARTY VOTER REGISTRATION ORGANIZATIONS AVAILABLE WITHIN 7 DAYS OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION. A THIRD-PARTY VOTER REGISTRATION ORGANIZATION”.

4. Amend page 3, line 26, after “CLERK” by inserting a comma and “OR A CITY, TOWNSHIP, OR VILLAGE CLERK IN A CITY, TOWNSHIP, OR VILLAGE WITH A POPULATION OF 10,000 OR MORE,”.

5. Amend page 4, line 3, after “DESIGNATE” by inserting “AT LEAST”.

6. Amend page 4, line 4, after “(6).” by striking out the balance of the line through the second “TRAINING” on line 6 and inserting “THE PERSON OR PERSONS DESIGNATED BY THE THIRD-PARTY VOTER REGISTRATION ORGANIZATION TO RECEIVE TRAINING UNDER THIS SECTION SHALL ENSURE THAT TRAINING IS PROVIDED”.

7. Amend page 4, line 25, after “ORGANIZATION” by striking out “SERVES AS A FIDUCIARY” and inserting “HAS A RESPONSIBILITY”.

8. Amend page 5, line 9, after “WITHIN” by striking out the balance of the sentence and inserting “2 BUSINESS DAYS AFTER RECEIVING THE APPLICATION, BUT NOT LATER THAN THE CLOSE OF REGISTRATION.”.

9. Amend page 5, line 15, after “SECTION” by striking out the balance of the line through “MEANS” on line 16 and inserting a colon and:

(A) “REGISTRATION AGENT” MEANS AN EMPLOYEE OR VOLUNTEER OF A THIRD-PARTY VOTER REGISTRATION ORGANIZATION WHO IS ENGAGED IN REGISTRATION TRANSACTIONS WITH VOTER REGISTRATION APPLICANTS.

(B) “THIRD-PARTY VOTER REGISTRATION ORGANIZATION” MEANS”.

10. Amend page 5, line 16, after “THAT” by striking out the balance of the line through “INDIVIDUALS” on line 17 and inserting “HAS 2 OR MORE INDIVIDUALS DISTRIBUTING AND COLLECTING VOTER REGISTRATION APPLICATIONS”.

11. Amend page 6, following line 2, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect on July 1, 2012.”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 512 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—11

Anderson Gregory Hunter Warren

Bieda Hood Johnson Young

Gleason Hopgood Smith

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the full title.

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

Senate Bill No. 803, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 523, 759, and 761 (MCL 168.523, 168.759, and 168.761), sections 523 and 761 as amended by 2005 PA 71 and section 759 as amended by 1995 PA 261, and by adding section 766a.

The House of Representatives has amended the bill as follows:

1. Amend page 6, line 22, after “A” by striking out “CITIZEN OF THE UNITED STATES?” and inserting “UNITED STATES CITIZEN?”.

2. Amend page 10, line 16, by striking out all of section 761.

3. Amend page 15, following line 20, by striking out all of enacting section 1 and inserting:

“Enacting section 1. This amendatory act takes effect August 15, 2012.”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 523 and 759 (MCL 168.523 and 168.759), section 523 as amended by 2005 PA 71 and section 759 as amended by 1995 PA 261, and by adding section 76

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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 513 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—11

Anderson Gregory Hunter Warren

Bieda Hood Johnson Young

Gleason Hopgood Smith

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title as amended.

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

Senate Bill No. 823, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 53, 55, 56, 93, 95, 96, 133, 135, 136, 163, 165, 166, 193, 195, 196, 198, 224, 226, 227, 254, 255, 257, 303, 322, 326, 349, 352, 354, 357, 381, 409b, 413, 413a, 426d, 433, 433a, 467b, 467c, 551, 591, 624, 644e, 644f, 712, 737a, 931, and 973 (MCL 168.53, 168.55, 168.56, 168.93, 168.95, 168.96, 168.133, 168.135, 168.136, 168.163, 168.165, 168.166, 168.193, 168.195, 168.196, 168.198, 168.224, 168.226, 168.227, 168.254, 168.255, 168.257, 168.303, 168.322, 168.326, 168.349, 168.352, 168.354, 168.357, 168.381, 168.409b, 168.413, 168.413a, 168.426d, 168.433, 168.433a, 168.467b, 168.467c, 168.551, 168.591, 168.624, 168.644e, 168.644f, 168.712, 168.737a, 168.931, and 168.973), sections 53, 163, 193, 224, 254, 349, 409b, 413a, 426d, 433a, 467c, 624, and 644f as amended by 1999 PA 218, sections 93 and 133 as amended by 2000 PA 491, section 165 as amended by 1994 PA 152, section 303 as added by 2003 PA 302, section 322 as amended by 2010 PA 183, section 381 as amended by 2010 PA 184, section 413 as amended by 2009 PA 206, section 433 as amended by 2009 PA 208, section 467b as amended by 2009 PA 207, section 551 as amended by 1990 PA 7, section 591 as amended by 1990 PA 109, section 644e as amended by 2010 PA 44, section 737a as amended by 2006 PA 87, and section 931 as amended by 1996 PA 583, and by adding sections 483a, 932c, and 932e; and to repeal acts and parts of acts.

The House of Representatives has amended the bill as follows:

1. Amend page 2, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:

“Sec. 22e. (1) The board of state canvassers shall meet to consider and approve a statement of the purpose of a proposed constitutional amendment or other ballot question prepared pursuant to sections SECTION 32. and 474. The board of state canvassers shall give not less than 3 full business days’ notice to the public of a meeting held under this subsection. The board of state canvassers shall also give not less than 3 full business days’ notice to all of the following:

(a) The legally or generally recognized sponsor of the proposed constitutional amendment or other ballot question, if any.

(b) The legislative sponsor of the proposed constitutional amendment or ballot question, if any.

(c) The senate majority leader.

(d) The speaker of the house of representatives.

(e) The minority leaders of the senate and the house of representatives.

(f) A legislator who does not receive notice under subdivisions (c), (d), or (e).

(2) The board of state canvassers shall publicly request and allow a person described in subsection (1)(a) or (b), or a representative of that person, to address a meeting held under this section.

Sec. 32. (1) There is hereby continued in IN the office of the secretary of state, the bureau of elections created by Act No. 65 of the Public Acts of 1951, FORMER 1951 PA 65 CONTINUES under the supervision of a director of elections, to be appointed by the secretary of state under civil service regulations. The director of elections shall be vested with the powers and shall perform the duties of the secretary of state under his OR HER supervision, with respect to the supervision and administration of the election laws. The director of elections shall be a nonmember secretary of the state board of canvassers.

(2) The director of elections, with the approval of the state board of canvassers, shall prepare a statement for designation on the ballot in not more than 100 words, exclusive of caption, of the purpose of any proposed amendment or question , to be submitted to the electors as required under SECTION 9 OF ARTICLE II, SECTION 34 OF ARTICLE IV, OR section 1 OR 2 of article 12 XII of the state constitution OF 1963. THE STATEMENT SHALL CONSIST OF A TRUE AND IMPARTIAL STATEMENT OF THE PURPOSE OF THE AMENDMENT OR QUESTION IN SUCH LANGUAGE AS SHALL CREATE NO PREJUDICE FOR OR AGAINST THE PROPOSED AMENDMENT OR QUESTION. The powers and duties of the state board of canvassers and the secretary of state with respect to the preparation of such THE statement are hereby transferred to the director of elections. THE SECRETARY OF STATE SHALL CERTIFY THE STATEMENT OF THE PURPOSE OF ANY PROPOSED AMENDMENT OR QUESTION TO BE SUBMITTED TO THE ELECTORS NOT LATER THAN 60 DAYS BEFORE THE DATE OF THE ELECTION.”.

2. Amend page 45, following line 5, by inserting:

“Sec. 477. (1) The board of state canvassers shall make an official declaration of the sufficiency or insufficiency of a petition under this chapter at least 2 months before the election at which the proposal is to be submitted. If the board of state canvassers declares that the petition is sufficient, the secretary of state shall send copies of the statement of purpose of the proposal as approved by the board of state canvassers under section 474 to the several daily and weekly newspapers published in this state, with the request that the newspapers give as wide publicity as possible to the proposed amendment or other question. Publication of any matter by any newspaper under this section shall be without expense or cost to the state of Michigan.

(2) For the purposes of the second paragraph of section 9 of article II of the state constitution of 1963, a law that is the subject of the referendum continues to be effective until the referendum is properly invoked, which occurs when the board of state canvassers makes its official declaration of the sufficiency of the referendum petition. The board of state canvassers shall complete the canvass of a referendum petition within 60 days after the petition is filed with the secretary of state, except that 1 15-day extension may be granted by the secretary of state if necessary to complete the canvass.

Sec. 480. Whenever IF a proposed constitutional amendment or other special question is to be submitted to the electors of the THIS state for a popular vote, the secretary of state shall, not less than 49 60 days before the DATE OF THE election AT WHICH THE PROPOSED CONSTITUTIONAL AMENDMENT OR OTHER SPECIAL QUESTION IS TO BE SUBMITTED, certify the same STATEMENT OF THE PURPOSE FOR DESIGNATION ON THE BALLOT to the clerk of each county in the THIS state, together with the form in which such THE CONSTITUTIONAL amendment or other special questions shall be submitted. PRINTED ON THE BALLOT. The secretary of state shall also furnish the several county clerks in the THIS state 2 copies of the text of each CONSTITUTIONAL amendment or OTHER SPECIAL question and 2 copies of each said statement for each voting precinct in their respective counties. The EACH county clerk shall furnish the said copies of such THE statement to the several township and city clerks in his OR HER county at the time other supplies for the election are furnished. ; and each such EACH township or city clerk shall, before the opening of the polls on election day, deliver the copies of such THE text and statement to which each voting precinct in his OR HER township or city is entitled to the board of election inspectors of said THE precinct, who shall post the same in conspicuous places in the room where such THE election is held.”.

3. Amend page 46, line 5, by striking out all of section 591.

4. Amend page 52, line 12, by striking out all of section 931.

5. Amend page 60, line 6, by striking out all of enacting section 1 and inserting:

“Enacting section 1. Sections 343a, 474, 649, and 707 of the Michigan election law, 1954 PA 116, MCL 168.343a, 168.474, 168.649, and 168.707, are repealed.”.

6. Amend page 60, following line 7, by striking out all of enacting section 2 and inserting:

“Enacting section 2. This amendatory act takes effect August 16, 2012.”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 22e, 32, 53, 55, 56, 93, 95, 96, 133, 135, 136, 163, 165, 166, 193, 195, 196, 198, 224, 226, 227, 254, 255, 257, 303, 322, 326, 349, 352, 354, 357, 381, 409b, 413, 413a, 426d, 433, 433a, 467b, 467c, 477, 480, 551, 591, 624, 644e, 644f, 712, 737a, 931, and 973 (MCL 168.22e, 168.32, 168.53, 168.55, 168.56, 168.93, 168.95, 168.96, 168.133, 168.135, 168.136, 168.163, 168.165, 168.166, 168.193, 168.195, 168.196, 168.198, 168.224, 168.226, 168.227, 168.254, 168.255, 168.257, 168.303, 168.322, 168.326, 168.349, 168.352, 168.354, 168.357, 168.381, 168.409b, 168.413, 168.413a, 168.426d, 168.433, 168.433a, 168.467b, 168.467c, 168.477, 168.480, 168.551, 168.591, 168.624, 168.644e, 168.644f, 168.712, 168.737a, 168.931, and 168.973), section 22e as added by 1995 PA 261, section 32 as amended by 1964 PA 251, sections 53, 163, 193, 224, 254, 349, 409b, 413a, 426d, 433a, 467c, 624, and 644f as amended by 1999 PA 218, sections 93 and 133 as amended by 2000 PA 491, section 165 as amended by 1994 PA 152, section 303 as added by 2003 PA 302, section 322 as amended by 2010 PA 183, section 381 as amended by 2010 PA 184, section 413 as amended by 2009 PA 206, section 433 as amended by 2009 PA 208, section 467b as amended by 2009 PA 207, section 477 as amended by 1999 PA 219, section 480 as added by 1954 PA 116, section 551 as amended by 1990 PA 7, section 591 as amended by 1990 PA 109, section 644e as amended by 2010 PA 44, section 737a as amended by 2006 PA 87, and section 931 as amended by 1996 PA 583, and by adding sections 483a, 932c, and 932e; and to repeal acts and parts of acts.

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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 514 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—11

Anderson Gregory Hunter Warren

Bieda Hood Johnson Young

Gleason Hopgood Smith

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title as amended.

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

Senate Bill No. 824, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 15, 32, 34, 36, 47, and 55 (MCL 169.215, 169.232, 169.234, 169.236, 169.247, and 169.255), sections 15 and 47 as amended by 2001 PA 250, section 32 as amended by 1999 PA 236, section 34 as amended by 1999 PA 238, section 36 as amended by 1996 PA 590, and section 55 as amended by 1995 PA 264.

The House of Representatives has substituted (H-2) the bill.

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

A bill to amend 1976 PA 388, entitled “An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,” by amending sections 15, 32, 34, 36, 47, and 55 (MCL 169.215, 169.232, 169.234, 169.236, 169.247, and 169.255), section 15 as amended by 2012 PA 31, section 32 as amended by 1999 PA 236, section 34 as amended by 1999 PA 238, section 36 as amended by 1996 PA 590, section 47 as amended by 2001 PA 250, and section 55 as amended by 1995 PA 264.

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. 515 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—11

Anderson Gregory Hunter Warren

Bieda Hood Johnson Young

Gleason Hopgood Smith

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title as amended.

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

Senate Bill No. 825, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.

The House of Representatives has amended the bill as follows:

1. Amend page 3, following line 14, by inserting:

“Enacting section 2. This amendatory act takes effect August 15, 2012.”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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 amendment made to the bill by the House,

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

Roll Call No. 516 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—11

Anderson Gregory Hunter Warren

Bieda Hood Johnson Young

Gleason Hopgood Smith

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the full title.

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

Recess

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

The motion prevailed, the time being 4:11 p.m.

5:04 p.m.

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

Recess

Senator Meekhof moved that the Senate recess until 6:00 p.m.

The motion prevailed, the time being 5:05 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator Hansen.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

House Bill No. 5044

House Bill No. 5045

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

By unanimous consent the Senate returned to the order of

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the Assistant President pro tempore, Senator Hansen, designated Senator Warren as Chairperson.

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

Senate Bill No. 577, entitled

A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20 and 33 (MCL 338.3620 and 338.3633), as amended by 2007 PA 196, and by adding section 61a.

House Bill No. 5044, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1070.

House Bill No. 5045, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1071.

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. 4025, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2010 PA 160.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:

House Bill No. 5562, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2008 PA 577, and by adding section 136d.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 4, line 24, after “YEARS” by striking out the balance of the subdivision and inserting a period.

2. Amend page 5, following line 15, by inserting:

“Enacting section 2. This amendatory act takes effect July 1, 2012.”.

The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:

House Bill No. 5563, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2008 PA 521.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 5, following line 2, by inserting:

“Enacting section 1. This amendatory act takes effect July 1, 2012.” and renumbering the remaining enacting section.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 1044, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 1999 PA 8.

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. 193, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 2, 4, 8, 12, 17, and 18 (MCL 28.452, 28.454, 28.458, 28.462, 28.467, and 28.468) and by adding sections 17a, 18a, 18b, and 18c.

The House of Representatives has amended the bill as follows:

1. Amend page 11, line 21, by striking out all of subsection (3) and renumbering the remaining subsections.

2. Amend page 12, line 11, after “subsection” by striking out “(5)” and inserting “(4)”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 517 Yeas—35

Bieda Gregory Kahn Richardville

Booher Hansen Kowall Robertson

Brandenburg Hildenbrand Marleau Rocca

Casperson Hood Meekhof Schuitmaker

Caswell Hopgood Moolenaar Smith

Colbeck Hune Nofs Walker

Emmons Hunter Pappageorge Warren

Gleason Jansen Pavlov Young

Green Jones Proos

Nays—1

Anderson

Excused—1

Whitmer

Not Voting—1

Johnson

In The Chair: Schuitmaker

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

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

The Senate agreed to the full title.

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

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

The motion prevailed.

Senate Bill No. 248, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 503 and 2132 (MCL 324.503 and 324.2132), section 503 as amended by 2004 PA 587 and section 2132 as amended by 1998 PA 117.

The House of Representatives has substituted (H-6) the bill.

The House of Representatives has passed the bill as substituted (H-6), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to 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 503 and 2132 (MCL 324.503 and 324.2132), section 503 as amended by 2011 PA 65 and section 2132 as amended by 1998 PA 117.

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. 518 Yeas—24

Booher Hansen Kowall Pavlov

Brandenburg Hildenbrand Marleau Proos

Casperson Hune Meekhof Richardville

Colbeck Jansen Moolenaar Robertson

Emmons Jones Nofs Rocca

Green Kahn Pappageorge Schuitmaker

Nays—12

Anderson Gleason Hopgood Walker

Bieda Gregory Hunter Warren

Caswell Hood Smith Young

Excused—2

Johnson Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title as amended.

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

Senate Bill No. 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 House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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. 519 Yeas—25

Booher Hansen Kowall Pavlov

Brandenburg Hildenbrand Marleau Proos

Casperson Hune Meekhof Richardville

Caswell Jansen Moolenaar Robertson

Colbeck Jones Nofs Rocca

Emmons Kahn Pappageorge Walker

Green

Nays—11

Anderson Gregory Hunter Warren

Bieda Hood Schuitmaker Young

Gleason Hopgood Smith

Excused—2

Johnson Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the full title.

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

Senate Bill No. 551, entitled

A bill to amend 1909 PA 17, entitled “An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and wireless communication devices and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons, substances, and wireless communication devices; to prohibit or limit the selling, giving, or furnishing of certain weapons, substances, and wireless communication devices to prisoners; to prohibit the control or possession of certain weapons, substances, and wireless communication devices by prisoners; and to prescribe penalties,” by amending section 3a (MCL 800.283a), as added by 2006 PA 540.

The House of Representatives has substituted (H-4) the bill.

The House of Representatives has passed the bill as substituted (H-4) and ordered that it be given immediate effect.

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

Senator Meekhof moved that the rule be suspended.

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

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

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

Roll Call No. 520 Yeas—34

Anderson Green Jones Pavlov

Bieda Gregory Kahn Proos

Booher Hansen Kowall Richardville

Brandenburg Hildenbrand Marleau Robertson

Casperson Hood Meekhof Rocca

Caswell Hopgood Moolenaar Schuitmaker

Colbeck Hune Nofs Smith

Emmons Hunter Pappageorge Walker

Gleason Jansen

Nays—2

Warren Young

Excused—2

Johnson Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

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

Senate Bill No. 552, entitled

A bill to amend 1981 PA 7, entitled “An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts,” (MCL 801.261 to 801.267) by adding section 2a.

The House of Representatives has substituted (H-4) the bill.

The House of Representatives has passed the bill as substituted (H-4) and ordered that it be given immediate effect.

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

Senator Meekhof moved that the rule be suspended.

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

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

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

Roll Call No. 521 Yeas—34

Anderson Green Jones Pavlov

Bieda Gregory Kahn Proos

Booher Hansen Kowall Richardville

Brandenburg Hildenbrand Marleau Robertson

Casperson Hood Meekhof Rocca

Caswell Hopgood Moolenaar Schuitmaker

Colbeck Hune Nofs Smith

Emmons Hunter Pappageorge Walker

Gleason Jansen

Nays—2

Warren Young

Excused—2

Johnson Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

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

Senate Bill No. 760, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221.

The House of Representatives has amended the bill as follows:

1. Amend page 4, following line 14, by inserting:

SEC. 228. (1) A PERSON MAY LAWFULLY OWN, POSSESS, CARRY, OR TRANSPORT AS A PISTOL A FIREARM GREATER THAN 26 INCHES IN LENGTH IF ALL OF THE FOLLOWING CONDITIONS APPLY:

(A) THE PERSON REGISTERED THE FIREARM AS A PISTOL UNDER SECTION 2 OR 2A OF 1927 PA 372, MCL 28.422 AND 28.422A, BEFORE JANUARY 1, 2013.

(B) THE PERSON WHO REGISTERED THE FIREARM AS DESCRIBED IN SUBDIVISION (A) HAS MAINTAINED REGISTRATION OF THE FIREARM SINCE JANUARY 1, 2013 WITHOUT LAPSE.

(C) THE PERSON POSSESSES A COPY OF THE LICENSE OR RECORD ISSUED TO HIM OR HER UNDER SECTION 2 OR 2A OF 1927 PA 372, MCL 28.422 AND 28.422A.

(2) A PERSON WHO SATISFIES ALL OF THE CONDITIONS LISTED UNDER SUBSECTION (1) NEVERTHELESS MAY ELECT TO HAVE THE FIREARM NOT BE CONSIDERED TO BE A PISTOL. A PERSON WHO MAKES THE ELECTION UNDER THIS SUBSECTION SHALL NOTIFY THE DEPARTMENT OF STATE POLICE OF THE ELECTION IN A MANNER PRESCRIBED BY THAT DEPARTMENT.”.

2. Amend page 4, line 16, after “1,” by striking out “2012” and inserting “2013”.

The House of Representatives has passed the bill as amended and amended the title to read as follows:

A bill to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 222 and 223 (MCL 750.222 and 750.223), section 222 as amended by 2001 PA 135 and section 223 as amended by 1992 PA 221, and by adding section 228.

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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 522 Yeas—34

Anderson Green Jones Pavlov

Bieda Gregory Kahn Proos

Booher Hansen Kowall Richardville

Brandenburg Hildenbrand Marleau Robertson

Casperson Hood Meekhof Rocca

Caswell Hopgood Moolenaar Schuitmaker

Colbeck Hune Nofs Smith

Emmons Hunter Pappageorge Walker

Gleason Jansen

Nays—2

Warren Young

Excused—2

Johnson Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title as amended.

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

Senate Bill No. 761, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2008 PA 407.

The House of Representatives has amended the bill as follows:

1. Amend page 3, following line 23, by striking out all of subsection (2) and inserting:

(2) A PERSON WHO, BEFORE JANUARY 1, 2013, LAWFULLY OWNED A FIREARM GREATER THAN 26 INCHES IN LENGTH AND CARRIED THAT FIREARM AS A PISTOL, MAY CONTINUE TO LAWFULLY OWN, POSSESS, CARRY, OR TRANSPORT THAT FIREARM AS A PISTOL AFTER JANUARY 1, 2013 IF HE OR SHE IS IN POSSESSION OF ANY OF THE FOLLOWING:

(A) A COPY OF THE LICENSE OR RECORD ISSUED UNDER SECTION 2 OR 2A FOR THAT FIREARM, IF THE FIREARM WAS REGISTERED AS A PISTOL UNDER SECTIONS 2 OR 2A.

(B) FOR A FIREARM PURCHASED OUT OF STATE, A SALES RECEIPT OR PROOF OF PURCHASE THAT INDICATES THE MAKE, MODEL, AND SERIAL NUMBER OF A FIREARM, AND A PURCHASE DATE PRIOR TO JANUARY 1, 2013.

(C) AN AFFIDAVIT ISSUED BY A STATE OR LOCAL LAW ENFORCEMENT AGENCY OF THIS OR ANY OTHER STATE STATING THAT THE FIREARM WAS LAWFULLY OWNED AND CARRIED AS A PISTOL BEFORE JANUARY 1, 2013.”.

2. Amend page 3, following line 23, by striking out all of subsection (2) and inserting:

(2) A PERSON MAY LAWFULLY OWN, POSSESS, CARRY, OR TRANSPORT AS A PISTOL A FIREARM GREATER THAN 26 INCHES IN LENGTH IF ALL OF THE FOLLOWING CONDITIONS APPLY:

(A) THE PERSON REGISTERED THE FIREARM AS A PISTOL UNDER SECTION 2 OR 2A BEFORE JANUARY 1, 2013.

(B) THE PERSON WHO REGISTERED THE FIREARM AS DESCRIBED IN SUBDIVISION (A) HAS MAINTAINED REGISTRATION OF THE FIREARM SINCE JANUARY 1, 2013 WITHOUT LAPSE.

(C) THE PERSON POSSESSES A COPY OF THE LICENSE OR RECORD ISSUED TO HIM OR HER UNDER SECTION 2 OR 2A.

(3) A PERSON WHO SATISFIES ALL OF THE CONDITIONS LISTED UNDER SUBSECTION (2) NEVERTHELESS MAY ELECT TO HAVE THE FIREARM NOT BE CONSIDERED TO BE A PISTOL. A PERSON WHO MAKES THE ELECTION UNDER THIS SUBSECTION SHALL NOTIFY THE DEPARTMENT OF STATE POLICE OF THE ELECTION IN A MANNER PRESCRIBED BY THAT DEPARTMENT.”.

3. Amend page 3, line 25, after “1,” by striking out “2012” and inserting “2013”.

The House of Representatives has passed the bill as amended.

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 amendments made to the bill by the House,

The amendments were concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 523 Yeas—34

Anderson Green Jones Pavlov

Bieda Gregory Kahn Proos

Booher Hansen Kowall Richardville

Brandenburg Hildenbrand Marleau Robertson

Casperson Hood Meekhof Rocca

Caswell Hopgood Moolenaar Schuitmaker

Colbeck Hune Nofs Smith

Emmons Hunter Pappageorge Walker

Gleason Jansen

Nays—2

Warren Young

Excused—2

Johnson Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Meekhof moved to reconsider the vote by which consideration of the following bill, now on the order of Messages from the House, was postponed for today:

Senate Bill No. 762

The motion prevailed.

The question being on the motion that consideration of the bill be postponed for today,

Senator Meekhof withdrew the motion.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 762, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2951 (MCL 600.2951), as added by 1982 PA 186.

(For text of amendment, see Senate Journal No. 55, p. 1622.)

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

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

Roll Call No. 524 Yeas—34

Anderson Green Jones Pavlov

Bieda Gregory Kahn Proos

Booher Hansen Kowall Richardville

Brandenburg Hildenbrand Marleau Robertson

Casperson Hood Meekhof Rocca

Caswell Hopgood Moolenaar Schuitmaker

Colbeck Hune Nofs Smith

Emmons Hunter Pappageorge Walker

Gleason Jansen

Nays—2

Warren Young

Excused—2

Johnson Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the full title.

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

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Bieda’s statement is as follows:

I had a constituent contact me on this, and I thought it would be an appropriate thing to put under Statements. Tomorrow is going to be Flag Day, just as a reminder to everybody that June 14 is a special holiday in the United States. Flag Day commemorates the adoption of the stars and stripes as the flag of the United States, and on June 14, 1777, the Second Continental Congress “Resolved, That the flag of the United States be made of thirteen stripes, alternate red and white; that the union be thirteen stars, white in a blue field, representing the new Constellation.”

In 1916, President Woodrow Wilson officially established June 14 as Flag Day through proclamation. In August of 1949, Congress established National Flag Day. While Flag Day is not an official federal holiday, it is a great day to remember our humble beginnings as a nation and the great strides our nation has made. The flag has become a symbol not only of our nation, but also a symbol of government by the people.

I encourage you all to fly a flag tomorrow to commemorate the adoption of our national symbol.

Committee Reports

The Committee on Judiciary reported

House Bill No. 5560, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 169 (MCL 750.169).

With the recommendation that the bill pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5658, entitled

A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 2, 6, and 7a (MCL 800.322, 800.326, and 800.327a), section 2 as amended and section 7a as added by 1996 PA 537 and section 6 as amended by 2010 PA 308.

With the recommendation that the bill pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Rocca

Nays: Senator Bieda

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, June 12, 2012, at 1:30 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Schuitmaker, Rocca and Bieda

The Committee on Transportation reported

Senate Bill No. 898, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1076.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 1089, entitled

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

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 1121, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 21, 59, and 73 (MCL 257.21, 257.59, and 257.73), section 21 as amended by 1985 PA 32.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 4146, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 1998 PA 247 and by adding section 682c.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 4790, entitled

A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov and Hansen

Nays: Senator Hood

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 5007, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 12 and 13 (MCL 247.662 and 247.663), section 12 as amended by 2010 PA 143 and section 13 as amended by 2010 PA 261.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen and Gleason

Nays: Senator Hood

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 5044, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1070.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 5045, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1071.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 5152, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 62 and 705 (MCL 257.62 and 257.705), section 62 as amended by 1992 PA 119 and section 705 as amended by 2011 PA 151.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, June 12, 2012, at 12:30 p.m., Room 100, Farnum Building

Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood

The Committee on Insurance reported

House Bill No. 4455, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3171, 3172, 3173a, 3174, 3175, 3320, and 3330 (MCL 500.3171, 500.3172, 500.3173a, 500.3174, 500.3175, 500.3320, and 500.3330), sections 3172 and 3175 as amended and section 3173a as added by 1984 PA 426 and section 3320 as amended by 1980 PA 461.

With the recommendation that the following amendment be adopted and that the bill then pass:

1. Amend page 11, following line 22, by inserting:

SEC. 3178. AFTER AN ASSIGNED CLAIMS PLAN IS APPROVED UNDER SECTION 3171(3), THE MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY BOARD OF GOVERNORS SHALL REPORT ANNUALLY TO THE COMMISSIONER AND THE COMMISSIONER SHALL REPORT TO THE STANDING COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY JURISDICTION OVER INSURANCE MATTERS ON THE EFFECTIVENESS OF THE ASSIGNED CLAIMS PLAN, INCLUDING DETAILED DEMOGRAPHIC INFORMATION ON THE INDIVIDUALS WHO ARE SUBMITTING CLAIMS AND WHOSE CLAIMS ARE BEING ASSIGNED.”.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda

Nays: None

The bill and the amendment recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Insurance submitted the following:

Meeting held on Tuesday, June 12, 2012, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Hune (C), Marleau, Brandenburg, Hansen, Robertson, Smith and Bieda

The Committee on Judiciary reported

Senate Bill No. 743, entitled

A bill to adopt the uniform child abduction prevention act; to allow courts in this state to impose measures to prevent the abduction of children; to establish standards for determining whether a child is subject to a significant risk of abduction; and to provide remedies.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 1126, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 3e to chapter XI.

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.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 1127, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 3 of chapter XI (MCL 771.3), as amended by 2006 PA 655, and by adding section 3d to chapter XI.

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.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5431, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411a (MCL 750.411a), as amended by 2004 PA 104.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5432, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2008 PA 466.

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.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5433, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2010 PA 278.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Government Operations reported

Senate Bill No. 970, entitled

A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 3 of chapter 1 (MCL 141.503), as amended by 2011 PA 56.

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.

Randy Richardville

Chairperson

To Report Out:

Yeas: Senators Richardville, Whitmer and Hunter

Nays: Senator Meekhof

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No. 5688, entitled

A bill to provide for the creation of certain lighting authorities for the purpose of operating lighting systems; to provide for the powers and duties of the authorities; to provide for the conveyance of operational jurisdiction over certain operations to authorities; to provide for the assumption of certain contracts, bonds, notes, and other evidences of indebtedness and liabilities related to the provision of lighting authorities; to authorize expenditures from certain funds; to finance the acquisition of property and the development of certain public improvements or related facilities; to provide for the issuance of bonds and notes; to authorize certain investments; and to impose certain powers and duties upon state and local departments, agencies, and officers.

With the recommendation that the bill pass.

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

Randy Richardville

Chairperson

To Report Out:

Yeas: Senators Richardville, Hildenbrand, Whitmer and Hunter

Nays: Senator Meekhof

The bill was referred to the Committee of the Whole.

The Committee on Government Operations reported

House Bill No. 5705, entitled

A bill to amend 1990 PA 100, entitled “City utility users tax act,” by amending section 2 of chapter 1 and sections 2 and 3 of chapter 2 (MCL 141.1152, 141.1162, and 141.1163), section 2 of chapter 1 as amended by 2011 PA 57, and by adding sections 8a and 8b to chapter 1.

With the recommendation that the bill pass.

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

Randy Richardville

Chairperson

To Report Out:

Yeas: Senators Richardville, Hildenbrand, Whitmer and Hunter

Nays: Senator Meekhof

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Government Operations submitted the following:

Meeting held on Tuesday, June 12, 2012, at 1:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Richardville (C), Hildenbrand, Meekhof, Whitmer and Hunter

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Natural Resources submitted the following:

Joint meeting held on Wednesday, June 13, 2012, at 8:00 a.m., Room 308, South Tower, House Office Building

Present: Senators Green (C) and Booher

Excused: Senators Walker and Hopgood

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, June 13, 2012, at 8:15 a.m., Room 110, Farnum Building

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

Excused: Senator Casperson

COMMITTEE ATTENDANCE REPORT

The Committee on Local Government and Elections submitted the following:

Meeting held on Wednesday, June 13, 2012, at 2:00 p.m., Room 100, Farnum Building

Present: Senators Robertson (C), Meekhof and Young

Excused: Senator Brandenburg

Scheduled Meetings

Administrative Rules - Thursday, June 14, 9:00 a.m., Room 405, Capitol Building (373-5773)

Agriculture - Thursday, June 14, 9:00 a.m., Room 110, Farnum Building (373-5312)

Conference Committee -

Natural Resources Trust Fund (HB 5364) - Thursday, June 14, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-8080)

Legislative Council - Thursday, June 14, 9:15 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 6:45 p.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, June 14, 2012, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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