No. 60

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2011

Senate Chamber, Lansing, Wednesday, June 29, 2011.

10:00 a.m.

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

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

Anderson—present Hood—present Pappageorge—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Hunter—present Richardville—present

Casperson—present Jansen—present Robertson—present

Caswell—present Johnson—present Rocca—present

Colbeck—present Jones—present Schuitmaker—present

Emmons—present Kahn—present Smith—present

Gleason—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Reverends Dr. William and Barbara Beachy of Trinity United Methodist Church of Delta Township offered the following invocation:

Almighty God, we thank You today for the gift of our nation and the physical freedom we are privileged to enjoy. You gave us this possibility of freedom along with the intellect and creativity to shape our society in a positive fashion, as we seek to treat all persons with dignity and respect. You alone rule the world with justice, yet You place in our hands the solemn duty of guiding the actions, behaviors, and attitudes of the citizens of our country.

It is with this solemn duty in mind that we pray today for the women and men serving in the Senate of our great state of Michigan. We ask, O God, that You instill within each of these persons an even greater sense of reverence and respect for You and the life You created on this earth, as they enter into their work for this day.

May You assist them to choose righteously, defend the rights of the afflicted and the needy, the oppressed and underresourced, the innocent and the helpless. Guide them to enact the laws of our state with a mixture of grace, understanding, and knowledge.

As each Senator enters into deliberation in this great hall, help them, O God, to turn to You, so that their mind, heart, and judgment will ring true with wisdom and clarity. Amen.

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

Motions and Communications

Senators Emmons, Gleason and Schuitmaker entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Proos 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.

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

Recess

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

The motion prevailed, the time being 10:06 a.m.

10:17 a.m.

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

During the recess, Senator Proos introduced the Lakeshore High School Lady Lancers Softball Team, 2011 Division 2 State Champions; Head Coach Denny Dock and pitcher Maggie Hildebrand; and presented them with a Special Tribute.

Ms. Hildebrand and Coach Dock responded briefly.

During the recess, Senators Johnson, Young and Green entered the Senate Chamber.

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.

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, June 28:

House Bill No. 4303

The Secretary announced that the following official bill was printed on Tuesday, June 28, and is available at the legislative website:

Senate Bill No. 534

Messages from the House

Senator Hood entered the Senate Chamber.

Senate Bill No. 46, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 513.

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. 207, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43517, 43520, 43525a, and 43531 (MCL 324.43517, 324.43520, 324.43525a, and 324.43531), sections 43517 and 43520 as amended by 2006 PA 282, section 43525a as amended by 2006 PA 280, and section 43531 as amended by 2009 PA 70.

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

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

A bill to amend 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 section 43517 (MCL 324.43517), as amended by 2006 PA 282.

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. 361 Yeas—31

Bieda Hansen Kowall Richardville

Booher Hildenbrand Marleau Robertson

Brandenburg Hopgood Meekhof Rocca

Casperson Hune Moolenaar Schuitmaker

Caswell Hunter Nofs Smith

Colbeck Jansen Pappageorge Walker

Gleason Jones Pavlov Young

Green Kahn Proos

Nays—4

Gregory Hood Warren Whitmer

Excused—0

Not Voting—3

Anderson Emmons 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 title as amended.

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

Senate Bill No. 215, entitled

A bill to amend 1957 PA 185, entitled “An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation,” by amending section 2 (MCL 123.732), as amended by 1987 PA 214.

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. 287, entitled

A bill to amend 1933 PA 254, entitled “The motor carrier act,” by amending section 2 of article V (MCL 479.2), as amended by 2008 PA 584.

The House of Representatives has amended the bill as follows:

1. Amend page 6, following line 9, by inserting:

“Enacting section 1. This amendatory act takes effect January 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 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. 362 Yeas—38

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator Caswell moved to reconsider the vote by which the House amendment was concurred in.

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,

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

The motion prevailed.

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. 4192

Senate Bill No. 386

House Bill No. 4233

House Bill No. 4234

House Bill No. 4436

House Bill No. 4456

House Bill No. 4315

The motion prevailed.

The following bill was read a third time:

House Bill No. 4192, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as added by 2001 PA 231.

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. 363 Yeas—38

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 386, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 286.

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. 364 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 Whitmer

Green

Nays—0

Excused—0

Not Voting—1

Young

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Senators Anderson, Bieda, Caswell, Gleason, Hopgood, Jansen, Kahn, Kowall, Meekhof, Pavlov, Richardville and Rocca were named co‑sponsors of the bill.

The following bill was read a third time:

House Bill No. 4233, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1229 (MCL 380.1229), as added by 1995 PA 289.

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. 365 Yeas—36

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Colbeck Hune Moolenaar Smith

Emmons Hunter Nofs Walker

Gleason Jansen Pappageorge Warren

Green Johnson Pavlov Whitmer

Nays—1

Caswell

Excused—0

Not Voting—1

Young

In The Chair: Schuitmaker

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

The motion prevailed.

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

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

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

“An act to provide 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.

Senator Young entered the Senate Chamber.

The President, Lieutenant Governor Calley, resumed the Chair.

The following bill was read a third time:

House Bill No. 4234, entitled

A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3a (MCL 15.323a), as amended by 1996 PA 203.

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. 366 Yeas—35

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Colbeck Hune Moolenaar Walker

Emmons Hunter Nofs Warren

Gleason Jansen Pappageorge Whitmer

Green Johnson Pavlov

Nays—3

Caswell Smith Young

Excused—0

Not Voting—0

In The Chair: President

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4436, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 44 and 44a (MCL 211.44 and 211.44a), section 44 as amended by 2008 PA 352 and section 44a as amended by 2008 PA 498.

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. 367 Yeas—38

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: President

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

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

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

“An act to provide for the 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. 4456, entitled

A bill to amend 1915 PA 58, entitled “An act to provide for the incorporation of cremation companies and associations; and to impose certain duties upon the department of commerce,” by amending section 6 (MCL 456.206).

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. 4315, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1072.

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. 368 Yeas—38

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: President

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

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

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

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

The Senate agreed to the full title.

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

House Bill No. 4456, entitled

A bill to amend 1915 PA 58, entitled “An act to provide for the incorporation of cremation companies and associations; and to impose certain duties upon the department of commerce,” by amending section 6 (MCL 456.206).

(This bill was read a third time earlier today and consideration postponed. See p. 1697.)

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. 369 Yeas—38

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: President

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

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

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood 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:

House Bill No. 4565, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7212 (MCL 333.7212), as amended by 2010 PA 171.

House Bill No. 4347, entitled

A bill to amend 1917 PA 253, entitled “An act to authorize the transfer of moneys from the general fund of counties, in certain instances, to the county road fund of said counties, to be used in the construction, maintenance and repair of highways,” by amending section 1 (MCL 247.121).

House Bill No. 4666, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 36111 (MCL 324.36111), as amended by 2002 PA 75.

House Bill No. 4379, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30929 (MCL 324.30929), as added by 2004 PA 522.

House Bill No. 4577, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1903 (MCL 324.1903), as amended by 2002 PA 52.

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. 4371, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43517, 43520, 43525a, and 43531 (MCL 324.43517, 324.43520, 324.43525a, and 324.43531), sections 43517 and 43520 as amended by 2006 PA 282, section 43525a as amended by 2006 PA 280, and section 43531 as amended by 2009 PA 70.

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. 4579, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2154 (MCL 324.2154), as amended by 2010 PA 31.

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 President, Lieutenant Governor Calley, resumed the Chair.

By unanimous consent the Senate returned to the order of

Messages from the House

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

Senate Bill No. 287, entitled

A bill to amend 1933 PA 254, entitled “The motor carrier act,” by amending section 2 of article V (MCL 479.2), as amended by 2008 PA 584.

(The bill was returned from the House with amendment earlier today, amendment concurred in, vote reconsidered, and consideration postponed. See p. 1692.)

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. 370 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—0

Not Voting—1

Hood

In The Chair: President

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

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

The Senate agreed to the full title.

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

Senator Meekhof moved that the enrollment be vacated on the following bill:

Senate Bill No. 207, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43517, 43520, 43525a, and 43531 (MCL 324.43517, 324.43520, 324.43525a, and 324.43531), sections 43517 and 43520 as amended by 2006 PA 282, section 43525a as amended by 2006 PA 280, and section 43531 as amended by 2009 PA 70.

The motion prevailed.

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

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

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

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

Roll Call No. 371 Yeas—33

Bieda Hansen Kahn Proos

Booher Hildenbrand Kowall Richardville

Brandenburg Hopgood Marleau Robertson

Casperson Hune Meekhof Rocca

Caswell Hunter Moolenaar Schuitmaker

Colbeck Jansen Nofs Smith

Emmons Johnson Pappageorge Walker

Gleason Jones Pavlov Young

Green

Nays—5

Anderson Hood Warren Whitmer

Gregory

Excused—0

Not Voting—0

In The Chair: President

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

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 34

Senate Concurrent Resolution No. 10

Senate Resolution No. 59.

The motion prevailed.

House Concurrent Resolution No. 9.

A concurrent resolution to urge the Federal Energy Regulatory Commission to grant a rehearing and modify its December 16, 2010 order approving the Midwest Independent Transmission System Operator’s cost allocation proposal to socialize transmissions costs.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted.

The concurrent resolution, as substituted, was adopted.

Senator Hansen offered the following resolution:

Senate Resolution No. 69.

A resolution to memorialize Congress and the United States Department of Agriculture to expedite the rulemaking process with regard to certain elements of the Supplemental Nutrition Assistance Program.

Whereas, While it is always important to identify and eliminate all abuses in the expenditure of public money, this is especially true during this period of prolonged financial distress and continuing strain on the limited resources available to help those in need. It is essential to ensure that every dollar devoted to social service initiatives is spent wisely and for the intended purpose; and

Whereas, Amendments made to the New Eligibility Disqualifications language (Section 4131) of the Food Stamp Provision of Title IV of the 2008 Farm Bill disqualify individuals from food stamps for intentionally obtaining cash by using food stamps to buy a product with a returnable container, discarding the contents, and then returning the container for the deposit amount. Although the practice of intentionally discarding the contents of a container to get the deposit money is prohibited, three years later, the federal rulemaking process is not complete. Without penalties in place, the policy prohibiting this type of fraud is yet to be fully implemented. In the meantime, retailers must continue to pay out deposit money in situations where they can see abuses of the program; and

Whereas, Every effort to cheat the system weakens public support for programs designed to help the needy in times of difficulty. Clearly, without faith in the integrity of these public efforts, such efforts lose support and are placed in jeopardy; now, therefore, be it

Resolved by the Senate, That we memorialize Congress and the United States Department of Agriculture to expedite the rulemaking process with regard to the provisions of the Supplemental Nutrition Assistance Program (SNAP) that disqualify from SNAP benefits any person found to have intentionally obtained cash by purchasing, with food stamps, products with containers requiring return deposits and, after discarding the contents, returning the container for the deposit; and be it further

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

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

Senator Meekhof moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Meekhof moved that the resolution be referred to the Committee on Families, Seniors and Human Services.

The motion prevailed.

Senators Booher, Brandenburg, Caswell, Emmons, Green and Proos were named co‑sponsors of the resolution.

Recess

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

The motion prevailed, the time being 11:17 a.m.

11:54 a.m.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 4522

The motion prevailed.

The following bill was read a third time:

House Bill No. 4522, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending sections 2, 5, 6, 8, and 9 (MCL 423.232, 423.235, 423.236, 423.238, and 423.239).

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. 372 Yeas—27

Booher Hansen Kowall Proos

Brandenburg Hildenbrand Marleau Richardville

Casperson Hune Meekhof Robertson

Caswell Jansen Moolenaar Rocca

Colbeck Johnson Nofs Schuitmaker

Emmons Jones Pappageorge Walker

Green Kahn Pavlov

Nays—10

Anderson Gregory Smith Whitmer

Bieda Hopgood Warren Young

Gleason Hunter

Excused—0

Not Voting—1

Hood

In The Chair: President

Senator Meekhof moved that the bill be given immediate effect.

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

The Senate agreed to the title of the bill.

Recess

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

The motion prevailed, the time being 11:58 a.m.

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

Recess

Senator Meekhof moved that the Senate recess until 4:00 p.m.

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

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

Recess

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

The motion prevailed, the time being 4:01 p.m.

5:01 p.m.

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

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. 4780

House Bill No. 4359

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

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 4780, entitled

A bill to amend 1964 PA 282, entitled “An act to divide the state into 15 congressional districts; to prescribe the powers and duties of certain state departments and officers; and to repeal acts and parts of acts,” by amending the title and sections 3 and 5 (MCL 3.53 and 3.55), the title as amended and sections 3 and 5 as added by 2001 PA 115, and by adding sections 1a and 4a.

House Bill No. 4700, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1255a.

House Bill No. 4792, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 63 (MCL 38.1063), as amended by 2002 PA 97.

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. 4359, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803i (MCL 257.803i), as amended by 1998 PA 68.

Substitute (S-1).

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

1. Amend page 1, line 5, after “numbers” by inserting “FOR PASSENGER VEHICLES ONLY”.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 4780

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

The following bill was read a third time:

House Bill No. 4780, entitled

A bill to amend 1964 PA 282, entitled “An act to divide the state into 15 congressional districts; to prescribe the powers and duties of certain state departments and officers; and to repeal acts and parts of acts,” by amending the title and sections 3 and 5 (MCL 3.53 and 3.55), the title as amended and sections 3 and 5 as added by 2001 PA 115, and by adding sections 1a and 4a.

The question being on the passage of the bill,

Senator Whitmer offered the following substitute:

Substitute (S-2).

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

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

Roll Call No. 373 Yeas—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—0

Not Voting—0

In The Chair: President

Senator Smith offered the following amendment:

1. Amend page 62, line 13, by striking out all of line 13 through line 13 of page 189 and inserting:

“DISTRICT 13

OAKLAND COUNTY (PART)

FARMINGTON HILLS CITY

KEEGO HARBOR CITY

LATHRUP VILLAGE CITY

OAK PARK CITY

ORCHARD LAKE VILLAGE CITY

PONTIAC CITY

ROYAL OAK CHARTER TOWNSHIP

SOUTHFIELD CITY

SYLVAN LAKE CITY

WEST BLOOMFIELD CHARTER TOWNSHIP (PART)

TRACT 156000 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 1022, 1023,

1024, 1025, 1026, 1027, 1028, 1029,

1030, 1031, 1032, 1033, 1034, 1035,

1036, 1037, 1038, 1039, 1040, 1041,

2000, 2001, 2002, 2003, 2004, 2005,

2006, 2007, 2008, 2009, 2010, 2011,

2012, 2014, 2015, 2016, 2017, 2018,

2019, 2020, 3000, 3001, 3002, 3003,

3004, 3005, 3006, 3007, 3008, 3009,

3010, 3011, 3012, 3013, 3014, 3015,

3016, 3017, 3018, 3019, 3020, 3021,

TRACT 156200 INCLUDING BLOCK(S)

2000, 2002, 2006, 2007, 2008, 2009,

2011, 2012, 2013, 2014, 2018, 2019,

2020, 2028

TRACT 156300

TRACT 156400

TRACT 156500

TRACT 156900

TRACT 157000

TRACT 157100

TRACT 157200

TRACT 157300

TRACT 157400

TRACT 157500

TRACT 157600

TRACT 157700

TRACT 157800

TRACT 157900

WAYNE COUNTY (PART)

DETROIT CITY (PART)

TRACT 500100

TRACT 500200

TRACT 500300

TRACT 500400

TRACT 500500

TRACT 500600

TRACT 500700

TRACT 500800

TRACT 500900

TRACT 501000

TRACT 501100

TRACT 501200

TRACT 501300

TRACT 501400

TRACT 501500

TRACT 501600

TRACT 501700

TRACT 501800

TRACT 501900

TRACT 502000

TRACT 503100

TRACT 503200

TRACT 503300

TRACT 503400

TRACT 503500

TRACT 503600

TRACT 503900

TRACT 504000

TRACT 504100

TRACT 504200

TRACT 504300

TRACT 504400

TRACT 504700

TRACT 504800

TRACT 504900

TRACT 505000

TRACT 505100

TRACT 505200

TRACT 505400

TRACT 505500

TRACT 506100

TRACT 506200

TRACT 506300

TRACT 506400

TRACT 506500

TRACT 506600

TRACT 506700

TRACT 506800

TRACT 506900

TRACT 507000

TRACT 507100

TRACT 507200

TRACT 507300

TRACT 507400

TRACT 507500

TRACT 507800

TRACT 507900

TRACT 508000 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 1022, 1023,

1025, 2000, 2001, 2002, 2003, 2004,

2005, 2006, 2007, 2008, 2009, 2010,

2011, 2013, 2014, 2015, 2016, 2017,

2018, 2019, 2020, 2021, 2022, 2023,

TRACT 508100

TRACT 510400

TRACT 510500 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 1022, 1023,

1024, 1025, 1026, 1027, 1029, 1030,

1031, 1032, 1033, 1034, 1035, 1036,

1037, 2000, 2001, 2002, 2003, 2004,

2005, 2006, 2007, 2008, 2009, 3000,

3001, 3002, 3003, 3004, 3005, 3006,

3007, 3008, 3009, 3010, 3011, 3012,

3013, 3014, 3015, 3016, 3017, 3018,

3019, 3020, 3021, 3022, 3023, 3024,

3025, 3026, 3027, 3028, 3029, 3030,

3031, 4000, 4001, 4002, 4003, 4004,

4005, 4006, 4007, 4008, 4009, 4010,

4011, 4012, 4013, 4014

TRACT 510600

TRACT 510700

TRACT 511000

TRACT 511200

TRACT 511300

TRACT 511400

TRACT 511900

TRACT 512100

TRACT 512200

TRACT 512300

TRACT 512400

TRACT 512600

TRACT 512900

TRACT 513200

TRACT 513300

TRACT 513600

TRACT 513700

TRACT 513900

TRACT 514100

TRACT 514200

TRACT 514300

TRACT 514500

TRACT 515200

TRACT 515300

TRACT 515400

TRACT 515600

TRACT 515700

TRACT 515900

TRACT 516000

TRACT 516100

TRACT 516200

TRACT 516300

TRACT 516400

TRACT 516500

TRACT 516600

TRACT 516700

TRACT 516800

TRACT 516900

TRACT 517000

TRACT 517100

TRACT 517200

TRACT 517300

TRACT 517500

TRACT 518000

TRACT 518400

TRACT 518500

TRACT 518600

TRACT 518800

TRACT 518900

TRACT 520200

TRACT 520300

TRACT 520400

TRACT 520700

TRACT 520800

TRACT 521100

TRACT 521300

TRACT 521400

TRACT 521500

TRACT 521800

TRACT 521900

TRACT 522000

TRACT 522300

TRACT 522400

TRACT 522500

TRACT 523100 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 1022, 1023,

1024, 1025, 1026, 1027, 1028, 1029,

1030, 1031, 1032, 1033, 1034, 1035,

1036, 1037, 1038, 1039, 1040, 1041,

1042, 1043, 1044, 1045, 1046, 1047,

1056

TRACT 523200

TRACT 523300

TRACT 523400

TRACT 523800 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1014, 1015,

2000, 2001, 2002, 2003, 2004, 2005,

2006, 2007, 2008, 2009, 2010, 2011,

2012, 3000, 3001, 3002, 3003, 3004,

3005, 3006, 3007, 3008, 3009, 3010,

4000, 4001, 4002, 4003, 4004, 4005,

4006, 4007, 4008, 4009, 4010, 4011,

4012, 4013, 4014, 4015, 4016, 4017,

4018, 4019, 4020

TRACT 524000 INCLUDING BLOCK(S)

1005, 1006

TRACT 524900 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 1022, 1023,

1024, 1029, 1030, 1035, 1036, 1062,

1063, 1064, 1065, 1066, 1067, 1068,

1069, 1070, 1071

TRACT 525000

TRACT 532200

TRACT 532300

TRACT 532400

TRACT 532600

TRACT 532700

TRACT 533000

TRACT 533300 INCLUDING BLOCK(S)

1003, 1004, 1005, 1006, 1007, 1008,

1009, 2007, 2008, 2011, 2012, 2013,

2014, 2015, 2016, 2017, 2019

TRACT 533900

TRACT 538100

TRACT 539000

TRACT 551600 INCLUDING BLOCK(S)

1010, 1011

TRACT 985100

TRACT 985200

TRACT 985300

TRACT 985500

TRACT 985900

GROSSE POINTE FARMS CITY (PART)

TRACT 550600

TRACT 550700

TRACT 550800

GROSSE POINTE PARK CITY (PART)

TRACT 550100

TRACT 550200

TRACT 550300

GROSSE POINTE WOODS CITY

GROSSE POINTE CITY (PART)

TRACT 550400

TRACT 550500

HAMTRAMCK CITY

HARPER WOODS CITY

VILLAGE OF GROSSE POINTE SHORE (PART)

TRACT 550900

DISTRICT 14 ..

WAYNE COUNTY (PART)

DEARBORN HEIGHTS CITY (PART)

TRACT 571500

TRACT 571600

TRACT 571700

TRACT 571800

TRACT 571900

TRACT 572000

TRACT 572100

TRACT 572200

TRACT 572400

TRACT 572500

TRACT 572600

TRACT 572700 INCLUDING BLOCK(S)

1003, 1004, 2010, 2011, 2012, 2015,

2016, 2018, 3000, 3001, 3002, 3003,

3004, 3005, 3006, 3007, 3008, 3009,

3010, 3011, 3012, 3013, 3014, 3015,

3016, 3017, 3018, 3019, 4000, 4001,

4002, 4003, 4004, 4005, 4006, 4007,

4008, 4009, 4010, 4011, 4012, 4013,

4014, 4015, 4016, 4017

TRACT 573000

TRACT 573100

DETROIT CITY (PART)

TRACT 508000 INCLUDING BLOCK(S)

1024, 2012

TRACT 510500 INCLUDING BLOCK(S)

1028

TRACT 522100

TRACT 522200

TRACT 523100 INCLUDING BLOCK(S)

1048, 1049, 1050, 1051, 1052, 1053,

1054, 1055

TRACT 523800 INCLUDING BLOCK(S)

1010, 1011, 1012, 1013, 1016

TRACT 524000 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1007,

1008, 1009, 1010, 1011, 1012, 1013,

1014, 2000, 2001, 2002, 2003, 2004,

2005, 2006, 2007, 2008, 3000, 3001,

3002, 3003, 3004, 3005, 3006

TRACT 524100

TRACT 524200

TRACT 524300

TRACT 524500

TRACT 524700

TRACT 524800

TRACT 524900 INCLUDING BLOCK(S)

1025, 1026, 1027, 1028, 1031, 1032,

1033, 1034, 1037, 1038, 1039, 1040,

1041, 1042, 1043, 1044, 1045, 1046,

1047, 1048, 1049, 1050, 1051, 1052,

1053, 1054, 1055, 1056, 1057, 1058,

1059, 1060, 1061, 1072, 1073, 1074,

1075, 1076, 1077, 1078, 1079, 1080,

1081, 1082, 1083, 1084, 2000, 2001,

2002, 2003, 2004, 2005, 2006, 2007,

2008, 2009, 2010, 2011, 2012, 2013,

2014, 2015, 2016, 2017, 2018, 2019,

2020, 2021, 2022, 2023, 2024, 2025,

2026, 2027, 2028, 2029, 2030, 2031,

2032, 2033, 2034, 2035, 2036, 2037,

2038, 2039, 2040, 2041, 2042, 2043,

2044, 2045, 2046, 2047, 2048, 2049,

2050, 2051, 2052, 2053, 2054, 2055,

2056, 2057, 2058, 2059

TRACT 525400

TRACT 525500

TRACT 525600

TRACT 525700

TRACT 525800

TRACT 526000

TRACT 526100

TRACT 526200

TRACT 526300

TRACT 526400

TRACT 526500

TRACT 527200

TRACT 527300

TRACT 530100

TRACT 530200

TRACT 530300

TRACT 530400

TRACT 530500

TRACT 530800

TRACT 530900

TRACT 531100

TRACT 531200

TRACT 531300

TRACT 531400

TRACT 531500

TRACT 531600

TRACT 531700

TRACT 531800

TRACT 531900

TRACT 533100

TRACT 533200

TRACT 533300 INCLUDING BLOCK(S)

1000, 1001, 1002, 2000, 2001, 2002,

2003, 2004, 2005, 2006, 2009, 2010,

2018

TRACT 533400

TRACT 533500

TRACT 533600

TRACT 533700

TRACT 534100

TRACT 534200

TRACT 534300

TRACT 534400

TRACT 534500

TRACT 534600

TRACT 534700

TRACT 535000

TRACT 535100

TRACT 535200

TRACT 535300

TRACT 535400

TRACT 535500

TRACT 535600

TRACT 535700

TRACT 536100

TRACT 536200

TRACT 536300

TRACT 536400

TRACT 536500

TRACT 536600

TRACT 536700

TRACT 536800

TRACT 536900

TRACT 537000

TRACT 537100

TRACT 537200

TRACT 537300

TRACT 537500

TRACT 537600

TRACT 537700

TRACT 537800

TRACT 538200

TRACT 538300

TRACT 538400

TRACT 538500

TRACT 538600

TRACT 538700

TRACT 538800

TRACT 538900

TRACT 539100

TRACT 539200

TRACT 539300

TRACT 539400

TRACT 539500

TRACT 539600

TRACT 539700

TRACT 540100

TRACT 540200

TRACT 540300

TRACT 540400

TRACT 540500

TRACT 540600

TRACT 540700

TRACT 540800

TRACT 540900

TRACT 541000

TRACT 541100

TRACT 541200

TRACT 541300

TRACT 541400

TRACT 541500

TRACT 541700

TRACT 541800

TRACT 542100

TRACT 542200

TRACT 542300

TRACT 542400

TRACT 542500

TRACT 542600

TRACT 542700

TRACT 542800

TRACT 542900

TRACT 543000

TRACT 543100

TRACT 543200

TRACT 543400

TRACT 543500

TRACT 543600

TRACT 543700

TRACT 543800

TRACT 543900

TRACT 544000

TRACT 544100

TRACT 544200

TRACT 544300

TRACT 545100

TRACT 545200

TRACT 545300

TRACT 545400

TRACT 545500

TRACT 545600

TRACT 545700

TRACT 545800

TRACT 545900

TRACT 546000

TRACT 546100

TRACT 546200

TRACT 546300

TRACT 546400

TRACT 546500

TRACT 546600

TRACT 546700

TRACT 546800

TRACT 546900

TRACT 985000

ECORSE CITY

GARDEN CITY CITY

HIGHLAND PARK CITY

INKSTER CITY

MELVINDALE CITY

REDFORD CHARTER TOWNSHIP

RIVER ROUGE CITY

ROMULUS CITY

WAYNE CITY

WESTLAND CITY”.

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

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 374 Yeas—7

Gregory Hunter Pavlov Young

Hood Johnson Smith

Nays—31

Anderson Gleason Kahn Richardville

Bieda Green Kowall Robertson

Booher Hansen Marleau Rocca

Brandenburg Hildenbrand Meekhof Schuitmaker

Casperson Hopgood Moolenaar Walker

Caswell Hune Nofs Warren

Colbeck Jansen Pappageorge Whitmer

Emmons Jones Proos

Excused—0

Not Voting—0

In The Chair: President

The question being on the passage of the bill,

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

Roll Call No. 375 Yeas—25

Booher Hildenbrand Marleau Proos

Brandenburg Hune Meekhof Richardville

Casperson Jansen Moolenaar Robertson

Caswell Jones Nofs Rocca

Colbeck Kahn Pappageorge Schuitmaker

Green Kowall Pavlov Walker

Hansen

Nays—13

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Emmons Hopgood Smith Young

Gleason

Excused—0

Not Voting—0

In The Chair: President

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the title of the bill.

Protest

Senator Whitmer, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4780 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Whitmer’s statement is as follows:

I rise in support and to speak in favor of my substitute. This substitute corrects the ridiculous gerrymander created to protect Congressman McCotter, who apparently wants to be President instead of serving in Congress. He won’t be able to hide behind a gerrymander if that is the track that he takes.

Moreover, this substitute proves that we don’t have to make a mockery of the Voting Rights Act by creating districts that are so strange that future generations of school kids might learn about them as examples of gerrymanders. I know what the majority will say. They will point to state law and say their hands are tied. That is ridiculous. There is no need to stuff the minority voters in Pontiac with the Grosse Pointes. This substitute proves it.

Moreover, we know that the majority doesn’t seriously believe that a Southfield-to-Pontiac district is required because they rejected my substitute for the Senate bill that would have created exactly such a district for the State Senate. They said it wasn’t warranted in that circumstance but, apparently, now believe it is in this circumstance.

However, the Voting Rights Act applies with equal force and logic to both state and federal maps. If they believe that a majority-minority district needs to be created running to Pontiac for the Congress, then the same district needs to be created for the State Senate. We proved that there are certainly enough minority voters for a sixth Senate seat, so why didn’t it happen? If, on the other hand, they believe that a map with the fewest breaks—however awkwardly that word is defined in the statute—wins, then they must adopt the five-break plan that I offered for the State Senate map.

If someone looks at the legislative history of this redistricting and compares the maps offered for all three legislative bodies, they will see that this wasn’t about county breaks. This wasn’t about the Voting Rights Act. This was only about protecting incumbents at the expense of the integrity of this institution, and thus, I ask for your support of this substitute.

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

The motion prevailed.

Senator Hune’s statement is as follows:

What we have before us are congressional redistricting plans. It is the epitome of transparency. These maps have been released to the public for quite some time, passed through the State House on a bipartisan vote, passed through the Senate in a redistricting committee, and is before us without amendment.

The public has seen these maps that are before us. What we have in front of us is a fair, a legal, and a constitutional plan for our new congressional districts. I urge all of my colleagues to support it, and it deserves bipartisan support.

Senator Richardville’s statement is as follows:

Michigan has lost one congressional district as a result of the 2010 census. Nonetheless, this congressional redistricting plan preserves the cores of 14 existing districts and preserves two African-American majority districts. Of equal or greater importance, we have also continued to have two predominately Detroit-based districts, giving our state’s largest city two likely Representatives in the Congress, notwithstanding the significant population loss of the city of Detroit. We have done this with the fewest number of county and municipal breaks of any plan we have seen, thus complying with Michigan’s longstanding and traditional redistricting policies.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 498, entitled

A bill to amend 2001 PA 116, entitled “An act to divide this state into 110 representative and 38 senatorial districts; and to prescribe the powers and duties of certain state departments and officers,” by amending the title and sections 3 and 6 (MCL 4.2003 and 4.2006), and by adding sections 1a, 2a, and 5a.

The House of Representatives has amended the bill as follows:

1. Amend page 1, line 8, by striking out the balance of the page through line 26 on page 399 and inserting:

“DISTRICT 001

WAYNE COUNTY (PART)

DETROIT CITY (PART)

TRACT 500100 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 2000, 2001,

2002, 2003, 2004, 2005, 2006, 2007,

2008, 2009, 2010, 2011, 2012, 2013,

2014, 3000, 3001, 3002, 3003, 3004,

3005, 3006, 3007, 3008, 3009, 3010,

3011, 4000, 4001, 4002, 4003, 4004,

4005, 4006, 4007, 4008, 4009.

TRACT 500200 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

2000, 2001, 2002, 2003, 2004, 2005,

2006, 2007, 2008, 2009, 2010, 2011,

3000, 3001, 3002, 3003, 3004, 3005,

3006, 3007, 3008, 4000, 4001, 4002,

4003, 4004, 4005, 4006, 4007, 4008,

4009, 4010.

TRACT 500300 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 2000, 2001, 2002, 2003,

2004, 2005, 2006, 2007, 2008, 2009,

2010, 2011, 2012, 2013, 2014, 3000,

3001, 3002, 3003, 3004, 3005, 3006,

3007, 3008, 4000, 4001, 4002, 4003,

4004, 4005, 4006, 4007, 4008, 4009,

4010, 4011.

TRACT 500400 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 2000, 2001, 2002, 2003,

2004, 2005, 2006, 3000, 3001, 3002,

3003, 3004, 3005, 3006, 3007, 3008,

3009, 3010, 3011, 3012, 3013, 3014,

3015, 3016, 3017, 4000, 4001, 4002,

4003, 4004, 4005, 4006, 4007, 4008,

4009, 4010, 4011, 4012, 4013, 4014,

4015.

TRACT 500500 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 2000,

2001, 2002, 2003, 2004, 2005, 2006,

2007, 2008, 3000, 3001, 3002, 3003,

3004, 3005, 3006, 3007, 3008, 3009,

4000, 4001, 4002, 4003, 4004, 4005,

4006, 4007, 4008, 4009.

TRACT 500600 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 1022, 2000,

2001, 2002, 2003, 2004, 2005, 2006,

2007, 2008, 2009, 2010, 2011, 3000,

3001, 3002, 3003, 3004, 3005, 3006,

3007, 3008, 3009, 3010, 3011, 4000,

4001, 4002, 4003, 4004, 4005, 4006,

4007, 4008, 4009, 4010, 4011, 4012,

4013, 5000, 5001, 5002, 5003, 5004,

5005, 5006, 5007, 5008, 5009, 5010,

5011, 5012, 5013, 5014, 5015, 5016,

5017, 5018, 5019, 5020, 5021, 5022,

5023.

TRACT 500700 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 2000, 2001, 2002,

2003, 2004, 2005, 2006, 2007, 2008,

2009, 2010, 3000, 3001, 3002, 3003,

3004, 3005, 3006, 3007, 3008, 3009,

3010, 3011, 3012, 3013, 3014, 3015,

4000, 4001, 4002, 4003, 4004, 4005,

4006, 4007, 4008, 4009, 4010, 4011,

4012, 4013, 4014, 4015, 4016.

TRACT 500800 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 1022, 1023,

1024, 2000, 2001, 2002, 2003, 2004,

2005, 2006, 2007, 2008, 2009, 2010,

2011.

TRACT 500900 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 2000, 2001, 2002,

2003, 2004, 2005, 2006, 2007, 2008,

2009, 3000, 3001, 3002, 3003, 3004,

3005, 3006, 3007, 4000, 4001, 4002,

4003, 4004, 4005, 4006.

TRACT 501000 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 2000, 2001, 2002, 2003,

2004, 2005, 2006, 2007, 2008, 2009,

2010, 2011, 2012, 2013, 2014, 3000,

3001, 3002, 3003, 3004, 3005, 3006,

3007, 3008, 3009, 3010, 3011, 3012.

TRACT 501100 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 2000, 2001,

2002, 2003, 2004, 2005, 2006, 2007,

2008, 2009, 2010, 2011, 3000, 3001,

3002, 3003, 3004, 3005, 3006, 3007,

3008, 3009, 3010, 3011, 3012, 3013,

3014, 3015, 3016, 3017, 3018, 3019,

3020, 3021, 3022, 3023, 3024, 3025,

3026, 3027, 3028, 3029, 4000, 4001,

4002, 4003, 4004, 4005, 4006, 4007,

4008, 4009, 4010, 4011, 4012, 4013,

4014, 4015, 4016, 4017, 5000, 5001,

5002, 5003, 5004, 5005, 5006, 5007,

5008, 5009.

TRACT 501200 INCLUDING BLOCK(S)

1000, 1001, 1002, 1003, 1004, 1005,

1006, 1007, 1008, 1009, 1010, 1011,

1012, 1013, 1014, 1015, 1016, 1017,

1018, 1019, 1020, 1021, 1022, 1023,

1024, 1025, 1026, 1027, 1028, 1029,

1030, 1031, 1032, 2000, 2001, 2002,

2003, 2004, 2005, 2006, 2007, 2008,

2009, 2010, 2011.

TRACT 501300 INCLUDING BLOCK(S)