No. 98

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2011

Senate Chamber, Lansing, Tuesday, December 13, 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

Pastor Steve Porter of Leonard Community Church of Addison offered the following invocation:

Father, I truly thank You and praise You for the privilege that I have of being here before these Senators. I thank You for all the hard work and the labor that they put forth for our great state of Michigan and for their supporting staff.

Father, You know the difficulty that they face, the struggles that we have, and I would ask that You would give them wisdom. Father, help them to know what to do and the differences between right and wrong, and give them the courage to do what is right.

I would ask that You would bless them, each and every one, and their families. Protect and watch over them in a very special way. And, Father, during this holiday season, help none of us to forget the reason that we celebrate.

In Jesus’ name we pray and for His sake. Amen.

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

Motions and Communications

Senators Green and Hood entered the Senate Chamber.

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

The motion prevailed.

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

House Bill No. 4820

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

The following communication was received and read:

Office of the Senate Majority Leader

December 5, 2011

Pursuant to PA 270 of 1984, I am making the following nominations for an appointment to the Michigan Film Office Advisory Council:

Mr. Linden Nelson, 5035 Brookdale Road, Bloomfield Hills, Michigan 48304

Mr. Steve Lemberg, 366 Waddington Road, Bloomfield Hills, Michigan 48301

Mr. Jeff Spillman, 4579 Kiftsgate Bend, Bloomfield Hills, Michigan 48302

If you have any questions, please feel free to contact Michael Parr in my office at 517-373-3543.

Sincerely,

Randy Richardville

Senate Majority Leader

State Senator, the 17th District

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 8:

House Bill Nos. 4542 4543 4544 4874 4932 4940 4949 4950 5030 5066 5067 5068 5069 5071

5073 5074 5075 5085 5086 5087 5093 5094 5101 5102 5103 5104 5105 5107

5122 5147 5157 5187 5194 5195

The Secretary announced the enrollment printing and presentation to the Governor on Friday, December 9, for his approval the following bills:

Enrolled Senate Bill No. 556 at 10:43 a.m.

Enrolled Senate Bill No. 566 at 10:45 a.m.

Enrolled Senate Bill No. 567 at 10:47 a.m.

Enrolled Senate Bill No. 568 at 10:49 a.m.

Enrolled Senate Bill No. 644 at 10:51 a.m.

The Secretary announced that the following official bills were printed on Thursday, December 8, and are available at the legislative website:

Senate Bill Nos. 871 872 873 874 875 876

House Bill Nos. 5203 5204 5205

Messages from the Governor

Senators Hunter, Gleason, Young, Schuitmaker and Johnson entered the Senate Chamber.

The following messages from the Governor were received:

Date: December 8, 2011

Time: 10:26 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 271 (Public Act No. 242), being

An act to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending section 45 (MCL 24.245), as amended by 2004 PA 491.

(Filed with the Secretary of State on December 8, 2011, at 2:39 p.m.)

Date: December 8, 2011

Time: 10:28 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 272 (Public Act No. 243), being

An act to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending sections 40 and 64 (MCL 24.240 and 24.264), section 40 as amended by 1999 PA 262.

(Filed with the Secretary of State on December 8, 2011, at 2:41 p.m.)

Date: December 8, 2011

Time: 10:30 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 274 (Public Act No. 245), being

An act to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending sections 35 and 45a (MCL 24.235 and 24.245a), section 35 as amended by 1995 PA 178 and section 45a as amended by 2004 PA 491.

(Filed with the Secretary of State on December 8, 2011, at 2:45 p.m.)

Date: December 8, 2011

Time: 10:32 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 276 (Public Act No. 247), being

An act to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending section 122 (MCL 24.322), as added by 1984 PA 196, and by adding section 45b.

(Filed with the Secretary of State on December 8, 2011, at 2:49 p.m.)

Date: December 8, 2011

Time: 10:34 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 502 (Public Act No. 249), being

An act to amend 1998 PA 58, entitled “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,” (MCL 436.1101 to 436.2303) by adding section 513a.

(Filed with the Secretary of State on December 8, 2011, at 2:53 p.m.)

Date: December 8, 2011

Time: 10:36 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 277 (Public Act No. 248), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding part 27.

(Filed with the Secretary of State on December 8, 2011, at 2:51 p.m.)

Date: December 8, 2011

Time: 10:38 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 273 (Public Act No. 244), being

An act to amend 1984 PA 27, entitled “An act to provide immunity from civil action to members of the legislature of this state for acts done pursuant to duty as legislators; to prohibit members of the legislature of this state from being made parties to contested cases or other administrative proceedings for acts done pursuant to duty as legislators; and to provide for certain exemptions from subpoenas,” by amending section 2 (MCL 4.552).

(Filed with the Secretary of State on December 8, 2011, at 2:43 p.m.)

Date: December 8, 2011

Time: 10:40 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 275 (Public Act No. 246), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1303, 1305, and 1311 (MCL 324.1303, 324.1305, and 324.1311), as added by 2004 PA 325.

(Filed with the Secretary of State on December 8, 2011, at 2:47 p.m.)

Respectfully,

Rick Snyder

Governor

The following messages from the Governor were received and read:

November 7, 2011

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

Controlled Substances Advisory Commission

William D. Wright of 4010 River Cove Drive, Lansing, Michigan 48917, county of Eaton, representing the Board of Dentistry, succeeding Rhonda Hennessy, is appointed for a term expiring August 30, 2013.

Kathy A. Bouchard-Wyant of 614 Camelot Drive, East Lansing, Michigan 48823, county of Ingham, representing the Board of Nursing, succeeding Nina A. Bugbee, is appointed for a term expiring August 30, 2013.

Kevan R. Kreitman of 1409 Pierce Street, Birmingham, Michigan 48009, county of Oakland, representing the Board of Podiatric Medicine & Surgery, succeeding Harry A. Kezelian, is appointed for a term expiring August 30, 2013.

Susan C. Sevensma of 2612 Hampshire Boulevard, S.E., Grand Rapids, Michigan 49506, county of Kent, representing the Board of Osteopathic Medicine & Surgery, succeeding Douglas O. Vanator, is appointed for a term expiring August 30, 2013.

Nichole L. Penny of 55670 Resort Road, Three Rivers, Michigan 49093, county of St. Joseph, representing the Board of Pharmacy, succeeding Suhair Farida, is appointed for a term expiring August 30, 2013.

Richard W. Dettloff of 7040 Crescendra Drive, S.E., Rockford, Michigan 49341, county of Kent, representing pharmaceutical manufacturers, succeeding Charles Blanchard, is appointed for a term expiring August 30, 2013.

David A. Picone of 2743 Hagadorn Road, Mason, Michigan 48854, county of Ingham, representing licensed health care professionals from the field of psychiatry, succeeding Scott Monteith, is appointed for a term expiring August 30, 2013.

Lawrence A. Letsche of 6565 N. Territorial Road, Plymouth, Michigan 48170, county of Washtenaw, representing the Board of Veterinary Medicine, succeeding himself, is reappointed for a term expiring August 30, 2013.

Gregory M. Cibor of 1725 Millbrook Road, Canton, Michigan 48188, county of Wayne, representing the general public, succeeding Brian M. Sullivan, is appointed for a term expiring August 30, 2013.

Kim R. Szajna of 14057 McKinney Street, Sterling Heights, Michigan 48312, county of Macomb, representing the general public, succeeding Danarius Hemphill, is appointed for a term expiring August 30, 2013.

Jeffrey M. Westra of 139 Pasadena Avenue, Battle Creek, Michigan 49017, county of Calhoun, representing the general public, succeeding Dennis Smith, is appointed for a term expiring August 30, 2013.

Jeffrey K. Steffey of 2464 Arrowhead Road, S.E., Grayling, Michigan 49738, county of Kalkaska, representing pharmacology professionals, succeeding Claire Saadeh, is appointed for a term expiring August 30, 2013.

November 16, 2011

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

Governor’s Council on Physical Fitness, Health and Sports

James M. Pivarnik of 923 Huntington Road, East Lansing, Michigan 48823, county of Ingham, succeeding Kristen Simmons, is appointed for a term expiring April 30, 2012.

December 6, 2011

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

Inkster Review Team

Roger W. Fraser of 4794 Holly Way, Ann Arbor, Michigan 48103, county of Washtenaw, representing the State Treasurer, is appointed for a term expiring at the pleasure of the Governor.

Doug A. Ringler of 2624 S. Edgar Road, Mason, Michigan 48854, county of Ingham, representing the Director of the Department of Technology, Management and Budget, is appointed for a term expiring at the pleasure of the Governor.

Thomas “Brom” A. Stibitz of 4114 Wharf Drive, Okemos, Michigan 48864, county of Ingham, representing state officials with relevant professional experience, is appointed for a term expiring at the pleasure of the Governor.

Frederick B. Headen of 5571 White Ash Lane, Haslett, Michigan 48840, county of Ingham, representing state officials with relevant professional experience, is appointed for a term expiring at the pleasure of the Governor.

Deborah A. Owens of 29534 Hazelwood Street, Inkster, Michigan 48141, county of Wayne, representing the Senate Majority Leader, is appointed for a term expiring at the pleasure of the Governor.

David M. Fisher of 1955 Elmhurst Road, Jackson, Michigan 49201, county of Jackson, representing the Speaker of the House, is appointed for a term expiring at the pleasure of the Governor.

Edward B. Koryzno, Jr., of 1110 Pearl Street, Ypsilanti, Michigan 48197, county of Washtenaw, representing persons with relevant professional experience, is appointed for a term expiring at the pleasure of the Governor.

December 7, 2011

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

Chair - Michigan Pharmacy and Therapeutics Committee

Victoria T. Lehr of 1091 Mohegan, Birmingham, Michigan 48009, county of Oakland, representing pharmacists, succeeding Giovannino Perri, is appointed for a term expiring at the pleasure of the Governor.

Michigan Pharmacy and Therapeutics Committee

Victoria T. Lehr of 1091 Mohegan, Birmingham, Michigan 48009, county of Oakland, representing pharmacists, succeeding Giovannino Perri, is appointed for a term expiring October 1, 2013.

Jeffrey A. VanWormer of 5137 East Pioneer Road, Roscommon, Michigan 48653, county of Crawford, representing pharmacists, succeeding Paul Till, is appointed for a term expiring October 1, 2013.

Susan DeVuyst-Miller of 1215 Emerald, N.E., Grand Rapids, Michigan 49505, county of Kent, representing pharmacists, succeeding Jonathan Arend, is appointed for a term expiring October 1, 2013.

Anthony F. Ognjan of 14785 Runnymeade Drive, Shelby Township, Michigan 48315, county of Macomb, representing physicians, succeeding Daniel Ryan, is appointed for a term expiring October 1, 2013.

Marguerite A. Saith of 7434 Oakland Drive, Portage, Michigan 49024, county of Kalamazoo, representing physicians, succeeding James Dillon, is appointed for a term expiring October 1, 2013.

Steven P. Hadesman of 23736 Old Orchard Trail, Bingham Farms, Michigan 48025, county of Oakland, representing physicians, succeeding James Forshee, is appointed for a term expiring October 1, 2013.

December 8, 2011

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

Michigan Council for the Arts and Cultural Affairs

DeAnn D. Nixon of 3635 Fairhills Drive, Okemos, Michigan 48864, county of Ingham, succeeding Noel Baril, is appointed for a term expiring September 1, 2014.

Robert L. LoFiego of 1603 Crane Court, Midland, Michigan 48640, county of Midland, succeeding T. Michael Jackson, is appointed for a term expiring September 1, 2014.

Elizabeth K. Ahrens of 5200 West Lake Road, Harbor Springs, Michigan 49740, county of Emmet, succeeding Vivian Pickard, is appointed for a term expiring September 1, 2014.

Julia R. Taubman of 1820 Rathmor Road, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding Fay Beydoun, is appointed for a term expiring September 1, 2014.

Andrew S. Buchholz of 148 E. 14th Street, Traverse City, Michigan 49684, county of Grand Traverse, succeeding Sam Singh, is appointed for a term expiring September 1, 2014.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

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.

10:13 a.m.

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

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Proos introduced

Senate Bill No. 877, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 20g, 20i, 29, 63, 63a, 69a, and 70 (MCL 791.220g, 791.220i, 791.229, 791.263, 791.263a, 791.269a, and 791.270), section 20g as amended by 2000 PA 211, section 20i as added by 2006 PA 351, section 29 as amended by 2010 PA 248, and sections 63, 63a, 69a, and 70 as amended by 1998 PA 512.

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

Senator Proos introduced

Senate Bill No. 878, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 29, 63, 63a, 69a, and 70 (MCL 791.229, 791.263, 791.263a, 791.269a, and 791.270), section 29 as amended by 2010 PA 248 and sections 63, 63a, 69a, and 70 as amended by 1998 PA 512.

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

Senator Young introduced

Senate Bill No. 879, entitled

A bill to amend 1999 PA 212, entitled “An act to restrict certain governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion,” by amending section 2 (MCL 15.602).

The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.

House Bill No. 4542, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3204, 3205, and 3212 (MCL 600.3204, 600.3205, and 600.3212), section 3204 as amended by 2011 PA 72, section 3205 as added by 2009 PA 29, and section 3212 as amended by 2004 PA 186, and by adding section 3278.

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 Banking and Financial Institutions.

House Bill No. 4543, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3205a, 3205b, 3205c, 3205d, and 3205e (MCL 600.3205a, 600.3205b, 600.3205c, 600.3205d, and 600.3205e), sections 3205a and 3205b as added by 2009 PA 30, sections 3205c and 3205d as added by 2009 PA 31, and section 3205e as amended by 2011 PA 72.

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 Banking and Financial Institutions.

House Bill No. 4544, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2010 PA 303.

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 Banking and Financial Institutions.

House Bill No. 4874, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5i (MCL 117.5i), as amended by 2001 PA 173.

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 Government Operations.

House Bill No. 4932, entitled

A bill to amend 1977 PA 89, entitled “State aid to public libraries act,” by amending section 6 (MCL 397.556), as amended by 2005 PA 30.

The House of Representatives has passed the bill.

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

House Bill No. 4940, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 701 (MCL 206.701), as amended by 2011 PA 194.

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.

House Bill No. 4949, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 623 (MCL 206.623), as added by 2011 PA 38.

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.

House Bill No. 4950, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 671 (MCL 206.671), as amended by 2011 PA 185.

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.

House Bill No. 5030, entitled

A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” (MCL 408.1001 to 408.1094) by adding section 13a.

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 Reforms, Restructuring and Reinventing.

House Bill No. 5066, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 413 (MCL 208.1413), as amended by 2007 PA 145.

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 Government Operations.

House Bill No. 5067, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1211 (MCL 380.1211), as amended by 2010 PA 216.

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 Government Operations.

House Bill No. 5068, entitled

A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 3 (MCL 211.903), as amended by 2007 PA 38.

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 Government Operations.

House Bill No. 5069, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 14 (MCL 207.564), as amended by 2008 PA 457.

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 Government Operations.

House Bill No. 5071, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8149 and 8151 (MCL 600.8149 and 600.8151), section 8151 as amended by 2000 PA 38.

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 Judiciary.

House Bill No. 5073, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8125 and 8134 (MCL 600.8125 and 600.8134), section 8125 as amended by 1995 PA 112 and section 8134 as amended by 2001 PA 253.

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 Judiciary.

House Bill No. 5074, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8133 (MCL 600.8133).

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 Judiciary.

House Bill No. 5075, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 528 and 8144 (MCL 600.528 and 600.8144), section 528 as amended by 1988 PA 134 and section 8144 as amended by 2002 PA 92.

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 Judiciary.

House Bill No. 5085, entitled

A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 1995 PA 278.

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 Local Government and Elections.

House Bill No. 5086, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 4, 6, 11, 15, and 57 (MCL 169.204, 169.206, 169.211, 169.215, and 169.257), section 4 as amended by 1989 PA 95, section 6 as amended by 2003 PA 69, section 11 as amended by 1996 PA 590, and sections 15 and 57 as amended by 2001 PA 250.

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 Local Government and Elections.

House Bill No. 5087, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 411, 537, and 603 (MCL 436.1411, 436.1537, and 436.1603), section 411 as added by 2000 PA 395 and sections 537 and 603 as amended by 2010 PA 213.

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 Regulatory Reform.

House Bill No. 5093, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8116 and 8117 (MCL 600.8116 and 600.8117), section 8117 as amended by 2005 PA 237.

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 Judiciary.

House Bill No. 5094, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8152, 8153, and 8154 (MCL 600.8152, 600.8153, and 600.8154), section 8152 as amended by 2008 PA 137.

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 Judiciary.

House Bill No. 5101, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 524, 8146, 8147, and 8148 (MCL 600.524, 600.8146, 600.8147, and 600.8148), as amended by 2002 PA 92.

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 Judiciary.

House Bill No. 5102, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 525 and 549d (MCL 600.525 and 600.549d).

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 Judiciary.

House Bill No. 5103, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8121 and 8123 (MCL 600.8121 and 600.8123), section 8121 as amended by 2001 PA 258 and section 8123 as amended by 2000 PA 448.

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 Judiciary.

House Bill No. 5104, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139).

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 Judiciary.

House Bill No. 5105, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 504, 803, 805, 810a, 8121, 8123, 8132, 8136, 8138, and 8150 (MCL 600.504, 600.803, 600.805, 600.810a, 600.8121, 600.8123, 600.8132, 600.8136, 600.8138, and 600.8150), sections 504 and 803 as amended by 2002 PA 715, section 805 as amended by 1988 PA 134, section 810a as amended by 2004 PA 492, section 8121 as amended by 2001 PA 258, section 8123 as amended by 2000 PA 448, section 8132 as amended by 1998 PA 47, and section 8138 as amended by 1998 PA 46.

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 Judiciary.

House Bill No. 5107, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8140 (MCL 600.8140).

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 Judiciary.

House Bill No. 5122, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 31a.

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.

Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5147, entitled

A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 12 (MCL 432.12), as amended by 2006 PA 625.

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 Regulatory Reform.

House Bill No. 5157, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2008 PA 495.

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.

Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5187, entitled

A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 1, 2, and 3 (MCL 46.401, 46.402, and 46.403), section 2 as amended by 2004 PA 369.

The House of Representatives has passed the bill.

The bill was read a first and second time by title.

Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 5194, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1225 (MCL 380.1225), as amended by 2006 PA 285.

The House of Representatives has passed the bill.

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

House Bill No. 5195, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 17a (MCL 388.1617a), as amended by 2006 PA 342.

The House of Representatives has passed the bill.

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

By unanimous consent the Senate returned to the order of

Resolutions

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

Senate Resolution No. 34

Senate Resolution No. 67

The motion prevailed.

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

Senate Resolution No. 103

The resolution consent calendar was adopted.

Senator Pavlov offered the following resolution:

Senate Resolution No. 103.

A resolution to declare the city of Algonac the Water Speed Capital of the state of Michigan.

Whereas, One cannot visit the greater Algonac area without hearing the great stories of the origins of power boating legends Chris Smith and Gar Wood; and

Whereas, One day in 1893, Chris Smith maneuvered a strange-looking rowboat out on the St. Clair River, complete with a gasoline engine, and reached an unheard-of speed of 9 miles per hour with it; and

Whereas, His boat was the first gasoline boat on the Great Lakes; and

Whereas, Chris Smith’s boat-building expertise was such that his friends liked the way his boats were constructed and performed, and they frequently asked him to build one for them. Word spread quickly of the unparalleled quality of these boats, and the boat-building business grew; and

Whereas, Chris Smith joined with John “Baldy” Ryan in 1911 to build the Baby Reliance speedboat, which captured $8,505.00 in its first race; and

Whereas, The Miss Detroit, built by Smith, was given a trial run on the St. Clair River by William Metzger. Smith told Metzger, “Be careful, Billy, this is the fastest boat I ever built.” On August 14, 1915, this firecracker was the only boat to finish the famous Gold Cup race, and thus, brought the Cup to the Midwest for the first time ever; and

Whereas, Legendary speedboat racer Gar Wood teamed up with Chris Smith and built boats and raced them between 1916 and 1922. Ultimately, Wood became the first person to exceed 100 miles per hour in a boat and topped that speed with a 124-mile-per-hour clip in Algonac itself. For years, many doubted that a 2-mile-per-minute pace could ever be reached on water; and

Whereas, The success of the Algonac boat-building and racing events served as the forerunner to power boating access and enjoyment that at first was limited to people of means, but eventually became universally accessible to the general population via installment plan financing, providing water-sport enjoyment to millions; and

Whereas, Algonac has been recognized as the Water Speed Capital with a state of Michigan historical marker designating it as such; and

Whereas, The waters of Algonac and the St. Clair River provide recreational and speedboat racing enjoyment to this very day; now, therefore, be it

Resolved by the Senate, That the members of this legislative body declare the city of Algonac the Water Speed Capital of the state of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the city of Algonac and the Algonac-Clay Township Historical Society with our highest esteem.

Senators Booher, Brandenburg, Kowall, Pappageorge and Proos were named co‑sponsors of the resolution.

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. 291

House Bill No. 4369

The motion prevailed.

Senate Bill No. 798, entitled

A bill to amend 1946 (1st Ex Sess) PA 9, entitled “An act to create the Michigan veterans’ trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act,” (MCL 35.602 to 35.610) by adding sections 3b and 6a; and to repeal acts and parts of acts.

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. 799, entitled

A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending sections 6, 7, and 8 (MCL 36.6, 36.7, and 36.8) and by adding section 2a; and to repeal acts and parts of acts.

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

The House of Representatives has passed the bill as substituted (H-1) and 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. 768 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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.

House Bill No. 4701, entitled

A bill to amend 1943 PA 240, entitled “An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,” by amending sections 1b, 1e, 20, 27, 35, 38, 47, 48, 49, 50, 55, 64, 65, 67a, 68, and 68c (MCL 38.1b, 38.1e, 38.20, 38.27, 38.35, 38.38, 38.47, 38.48, 38.49, 38.50, 38.55, 38.64, 38.65, 38.67a, 38.68, and 38.68c), sections 1b, 20, and 48 as amended by 2002 PA 93, sections 1e and 64 as amended by 2004 PA 33, sections 27 and 67a as amended by 2004 PA 109, section 35 as added and sections 38, 68, and 68c as amended by 2010 PA 185, section 47 as amended by 2002 PA 743, section 49 as amended by 2008 PA 353, sections 50 and 65 as added by 1996 PA 487, and section 55 as amended by 2010 PA 256, and by adding sections 20j, 35a, 50a, 63a, 68b, and 68e.

The House of Representatives has amended the Senate substitute (S-1) as follows:

1. Amend page 48, line 8, after “68B” by inserting “OR WAS FIRST EMPLOYED AND ENTERED ON THE PAYROLL OF HIS OR HER EMPLOYER ON OR AFTER JANUARY 1, 2012”.

The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the title 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 House amendment made to the Senate substitute,

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

Roll Call No. 769 Yeas—23

Booher Hansen Marleau Richardville

Brandenburg Hildenbrand Meekhof Robertson

Caswell Hune Moolenaar Rocca

Colbeck Jansen Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall Proos

Nays—15

Anderson Gregory Johnson Warren

Bieda Hood Jones Whitmer

Casperson Hopgood Nofs Young

Gleason Hunter Smith

Excused—0

Not Voting—0

In The Chair: President

Recess

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

The motion prevailed, the time being 10:32 a.m.

10:43 a.m.

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

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 Warren 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:

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.

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.

House Bill No. 4683, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2007 PA 165.

House Bill No. 4820, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 6 (MCL 125.2786), as amended by 2010 PA 137.

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 amendments, the following bill:

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

1. Amend page 1, line 1, after “Sec. 1.” by inserting “(1)”.

2. Amend page 3, following line 23, by inserting:

(2) A PERSON WHO, BEFORE JANUARY 1, 2012, LAWFULLY OWNED, POSSESSED, CARRIED, OR TRANSPORTED A FIREARM 30 INCHES OR LESS IN LENGTH AS A PISTOL PURSUANT TO A LICENSE ISSUED UNDER SECTION 2 OR 5B OR PURSUANT TO AN EXEMPTION UNDER SECTION 2 OR 5B MAY CONTINUE TO LAWFULLY OWN, POSSESS, CARRY, OR TRANSPORT THAT FIREARM AS A PISTOL AFTER JANUARY 1, 2012 PURSUANT TO THAT LICENSE OR ANY RENEWAL OF THAT LICENSE OR PURSUANT TO THAT EXEMPTION.”.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 760

Senate Bill No. 761

Senate Bill No. 762

House Bill No. 4683

House Bill No. 4820

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

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

House Bill No. 4582

House Bill No. 4990

Senate Bill No. 760

Senate Bill No. 761

Senate Bill No. 762

House Bill No. 4683

House Bill No. 4820

The motion prevailed.

The following bill was read a third time:

House Bill No. 4582, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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. 770 Yeas—37

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Green Jones Proos Young

Gregory

Nays—1

Colbeck

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. 4990, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 520 (MCL 206.520), as amended by 2011 PA 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. 771 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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

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 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. 772 Yeas—36

Anderson Green Johnson Pavlov

Bieda Gregory Jones Proos

Booher Hansen Kahn Richardville

Brandenburg Hildenbrand Kowall Robertson

Casperson Hood Marleau Rocca

Caswell Hopgood Meekhof Schuitmaker

Colbeck Hune Moolenaar Smith

Emmons Hunter Nofs Walker

Gleason Jansen Pappageorge Whitmer

Nays—2

Warren Young

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 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 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. 773 Yeas—36

Anderson Green Johnson Pavlov

Bieda Gregory Jones Proos

Booher Hansen Kahn Richardville

Brandenburg Hildenbrand Kowall Robertson

Casperson Hood Marleau Rocca

Caswell Hopgood Meekhof Schuitmaker

Colbeck Hune Moolenaar Smith

Emmons Hunter Nofs Walker

Gleason Jansen Pappageorge Whitmer

Nays—2

Warren Young

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 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.

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. 774 Yeas—36

Anderson Green Johnson Pavlov

Bieda Gregory Jones Proos

Booher Hansen Kahn Richardville

Brandenburg Hildenbrand Kowall Robertson

Casperson Hood Marleau Rocca

Caswell Hopgood Meekhof Schuitmaker

Colbeck Hune Moolenaar Smith

Emmons Hunter Nofs Walker

Gleason Jansen Pappageorge Whitmer

Nays—2

Warren Young

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4683, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2007 PA 165.

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. 775 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 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. 4820, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 6 (MCL 125.2786), as amended by 2010 PA 137.

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. 776 Yeas—37

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Green Jones Proos Young

Gregory

Nays—1

Caswell

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 establishment of obsolete property rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local government officials; and to provide penalties,”.

The Senate agreed to the full title.

Committee Reports

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 528, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21301a, 21304a, 21309a, 21315, 21316, 21316a, and 21320 (MCL 324.21301a, 324.21304a, 324.21309a, 324.21315, 324.21316, 324.21316a, and 324.21320), sections 21301a, 21304a, 21309a, and 21315 as amended by 1996 PA 116 and section 21316a as added by 1995 PA 22, and by adding sections 21323a, 21323b, 21323c, 21323d, 21323e, 21323f, 21323g, 21323h, 21323i, 21323j, 21323k, 21323l, and 21323m.

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, Pavlov, Green, Kowall and Meekhof

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 529, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502 and 21541 (MCL 324.21502 and 324.21541), section 21502 as amended by 2006 PA 318.

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, Pavlov, Green, Kowall and Meekhof

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 530, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21308a, 21311a, and 21312a (MCL 324.21308a, 324.21311a, and 324.21312a), as amended by 1996 PA 116.

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, Pavlov, Green, Kowall and Meekhof

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 531, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21302 and 21303 (MCL 324.21302 and 324.21303), section 21302 as amended by 1995 PA 22 and section 21303 as amended by 1996 PA 116.

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, Pavlov, Green, Kowall and Meekhof

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 532, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21313a, 21319a, and 21323 (MCL 324.21313a, 324.21319a, and 324.21323), section 21313a as amended by 1996 PA 116 and section 21319a as added and section 21323 as amended by 1995 PA 22.

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, Pavlov, Green, Kowall and Meekhof

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 533, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21326 and 21327 (MCL 324.21326 and 324.21327).

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, Pavlov, Green, Kowall and Meekhof

Nays: Senator Warren

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

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources, Environment and Great Lakes submitted the following:

Meeting held on Thursday, December 8, 2011, at 9:30 a.m., Room 210, Farnum Building

Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof and Warren

Excused: Senator Hood

The Committee on Regulatory Reform reported

Senate Bill No. 702, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16174 (MCL 333.16174), as amended by 2006 PA 398.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Meekhof and Pavlov

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 721, entitled

A bill to regulate the purchase and sale of certain plastic bulk merchandise containers; to require disclosures and record keeping by dealers of plastic bulk merchandise containers; and to provide for penalties and remedies.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Hune, Meekhof and Pavlov

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

Senate Bill No. 722, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2010 PA 319.

With the recommendation that the bill pass.

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

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Hune, Meekhof and Pavlov

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Thursday, December 8, 2011, at 12:30 p.m., Room 110, Farnum Building

Present: Senators Rocca (C), Jones, Hune, Meekhof and Pavlov

Excused: Senators Johnson and Warren

The Committee on Economic Development reported

House Bill No. 4820, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 6 (MCL 125.2786), as amended by 2010 PA 137.

With the recommendation that the bill pass.

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

Michael W. Kowall

Chairperson

To Report Out:

Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons and Hansen

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Thursday, December 8, 2011, at 12:35 p.m., Room 210, Farnum Building

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

Excused: Senators Hunter and Smith

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Community Health submitted the following:

Meeting held on Thursday, December 8, 2011, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Moolenaar (C), Caswell and Booher

Excused: Senator Gregory

Scheduled Meetings

Appropriations - Wednesday, December 14, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)

Economic Development - Wednesday, December 14, 1:30 p.m., Room 110, Farnum Building (373-5312)

Finance - Wednesday, December 14, 12:30 p.m., Room 210, Farnum Building (373-5307)

Natural Resources, Environment and Great Lakes - Thursday, December 15, 9:00 a.m., Room 210, Farnum Building (373-5323)

Redistricting - Wednesday, December 14, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307)

Reforms, Restructuring and Reinventing - Wednesday, December 14, 9:30 a.m., Rooms 402 and 403, Capitol Building (373-5307)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 11:09 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, December 14, 2011, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

2774 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2775

2776 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2777

2778 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2779

2780 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2781

2782 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2783

2784 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2785

2786 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2787

2788 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2789

2790 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2791

2792 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2793

2794 JOURNAL OF THE SENATE [December 13, 2011] [No. 98

No. 98] [December 13, 2011] JOURNAL OF THE SENATE 2795

2796 JOURNAL OF THE SENATE [December 13, 2011] [No. 98