No. 51

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Thursday, May 24, 2012.

10:00 a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Anderson—present Hood—present Pappageorge—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Hunter—excused Richardville—present

Casperson—present Jansen—present Robertson—present

Caswell—present Johnson—excused Rocca—present

Colbeck—present Jones—present Schuitmaker—present

Emmons—present Kahn—present Smith—excused

Gleason—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—present

Hansen—excused Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Pastor Dennis Haarer of Hillsdale Assembly of God Church of Hillsdale offered the following invocation:

Our Heavenly Father, we are thankful today for this opportunity to come and do business. Lord, we invite Your presence into this room today. We ask for Your wisdom, we ask for Your guidance, and we ask for blessings upon this wonderful state that You have allowed each one of us to live in. We are so thankful.

Lord, today as we have gathered together to do this, we ask that You would speak into our lives and that we would have the wisdom and guidance that You would give us. We ask Your blessing upon this session today and each order of business.

In the name of Jesus we pray. Amen.

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

Motions and Communications

Senator Richardville entered the Senate Chamber.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

May 8, 2012

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2008-041-EQ (Secretary of State Filing #12-05-02) on this date at 4:34 p.m. for the Department of Environmental Quality, entitled “Part 211. Underground Storage Tank.”

These rules take effect immediately after filing with the Secretary of State.

May 10, 2012

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-016-NR (Secretary of State Filing #12-05-03) on this date at 4:35 p.m. for the Department of Natural Resources, entitled “Local Hunting and Firearms Controls (Washington Township Hunting Prohibited).”

May 10, 2012

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-006-LR (Secretary of State Filing #12-05-04) on this date at 4:37 p.m. for the Department of Licensing and Regulatory Affairs, entitled “On-Premises Licenses.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

May 11, 2012

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2008-034-LR (Secretary of State Filing #12-05-05) on this date at 4:34 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Adult Foster Care Facilities.”

These rules become effective 60 days after filing with the Secretary of State.

May 18, 2012

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-018-ED (Secretary of State Filing #12-05-06) on this date at 10:23 a.m. for the Department of Education, entitled “Teacher Certification Code.”

These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 23:

House Bill Nos. 4860 4861 5415 5595 5596

The Secretary announced that the following official bills were printed on Wednesday, May 23, and are available at the legislative website:

House Bill Nos. 5650 5651 5652 5653 5654 5655 5656 5657 5658 5659 5660

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

The motion prevailed.

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

The motion prevailed.

Senator Meekhof moved that Senator Hansen be excused from today’s session.

The motion prevailed.

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

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

Senator Meekhof moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.

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

Senators Emmons, Hune and Booher entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:05 a.m.

10:52 a.m.

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

During the recess, Senator Pappageorge presented the 18th Annual Memorial Day Ceremony in honor of the military personnel who served during wartime. The ceremony was accompanied by the American Legion Unit 69 - Whitehall Color Guard, Kalamazoo Pipe Band, Michigan Army National Guard Honor Guard, and VFW Post Commanders.

Senator Pappageorge introduced The Belle Chords: Paula Hoffman, Elizabeth Johnson, Sandy Clark, and Kathryn Summers, who sang the “National Anthem.”

Senator Pappageorge introduced Corporal Roy Thomas (Ret.), United States Marine Corps and Wounded Warrior, who addressed the Senate.

Senator Gregory conducted a roll call of Michigan fallen soldiers since the 2011 Memorial Day Ceremony.

Senators Bieda, Casperson, Hildenbrand, Hopgood, Jones, Kahn, Moolenaar, Nofs, Robertson, Schuitmaker, Walker and Young acknowledged the casualties with memorial flags.

A moment of silence was observed in memory of the fallen soldiers.

Staff Sergeant Helinus of the Michigan Army National Guard played “Taps.”

The Kalamazoo Pipe Band played “Amazing Grace.”

Senator Pappageorge acknowledged Senator Gregory, himself, and all guests who serve and have served in the military.

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

The motion prevailed.

Senator Whitmer’s statement is as follows:

I just wanted to take a moment to thank Senator Pappageorge for continuing this wonderful tradition that we have here in the Senate. It really is great to be a part of it. We appreciate the work that goes into this, and it is so important.

I wanted to take a moment to introduce my guest. I am honored to have with me today someone who has become a good friend of mine. His name is George Olshove, who is a veteran of World War II and the 340th U.S. Army Corps of Engineers. He is also the father of one of our former Senate colleagues, Dennis Olshove. You can see the resemblance if you look at George. He is joined here today by his wife Helen of 63 years who is in the Gallery.

George served with distinction in the 340th U.S. Army Corps of Engineers during World War II. His unit was activated just months following the attack on Pearl Harbor to construct the Alaskan Military Highway to aid in defending our great country from possible further attack. Following the work on the Alaskan Military Highway, the unit was transferred to the South Pacific, working in such locations as Australia, New Guinea, the Dutch East Indies, and the Philippines.

It is because of the hard work and patriotism from George and the rest of the 340th U.S. Army Corps of Engineers that we are truly honored and humbled to have him here with us on the Senate floor. I just ask that you join me in recognizing and thanking George for his efforts. He is a constituent of my colleague Senator Bieda, but I am fortunate to have him and call him my friend and one of my heroes. I hope that you will join me in thanking him for his service.

Senator Green’s statement is as follows:

I would like to introduce to my colleagues this morning an old friend. He is Lieutenant Colonel Don Lotter, retired from the United States Army Reserve. He is post commander of the American Legion Post 7 in Caro, and his wife Rita is here with us. I would appreciate it if you would welcome him this morning.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Pavlov, Colbeck, Meekhof, Proos, Hildenbrand, Hune, Emmons, Kowall and Booher introduced

Senate Bill No. 1142, entitled

A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” (MCL 38.1132 to 38.1140m) by amending the title, as amended by 1988 PA 343, and by adding section 39b.

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

Senators Kahn and Bieda introduced

Senate Bill No. 1143, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3020 and 3104 (MCL 500.3020 and 500.3104), section 3020 as amended by 2006 PA 106 and section 3104 as amended by 2002 PA 662.

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

Senator Kahn introduced

Senate Bill No. 1144, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3009a.

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

Senator Marleau introduced

Senate Bill No. 1145, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17048 and 17548 (MCL 333.17048 and 333.17548), as amended by 2011 PA 210.

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

House Bill No. 4860, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27b (MCL 211.27b), as amended by 1996 PA 476.