No. 76
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2012
Senate Chamber, Lansing, Wednesday, December 5, 2012.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Anderson—present Hood—present Pappageorge—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Hune—present Proos—present
Brandenburg—present Hunter—present Richardville—present
Casperson—present Jansen—present Robertson—present
Caswell—present Johnson—present Rocca—present
Colbeck—present Jones—present Schuitmaker—present
Emmons—present Kahn—present Smith—present
Gleason—present Kowall—present Walker—present
Green—present Marleau—present Warren—present
Gregory—present Meekhof—present Whitmer—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Senator David S. Hildenbrand of the 29th District offered the following invocation:
“Our Father, who art in heaven, hallowed be thy name. Thy kingdom come, thy will be done, on earth as it is in heaven.
Give us this day our daily bread. And forgive us our trespasses, as we forgive those who trespass against us.
And lead us not into temptation, but deliver us from evil.
For thine is the kingdom, the power and the glory, for ever and ever. Amen.”
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Proos and Gregory entered the Senate Chamber.
Senator Meekhof moved that Senators Kahn, Pappageorge, Booher, Emmons, Walker, Schuitmaker, Caswell and Jansen 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 Bieda moved that Senators Gleason, Hood, Hunter, Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Recess
Senator Pavlov moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04 a.m.
10:25 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Pappageorge, Caswell, Jansen, Schuitmaker, Hood, Kahn, Walker, Booher, Gleason, Young, Emmons and Hunter entered the Senate Chamber.
Senator Pavlov 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. 5727
House Bill No. 5463
House Bill No. 5487
Senate Bill No. 1357
The motion prevailed, a majority of the members serving voting therefor.
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 4, for his approval the following bills:
Enrolled Senate Bill No. 797 at 12:42 p.m.
Enrolled Senate Bill No. 356 at 12:44 p.m.
Messages from the Governor
Senator Pavlov moved that consideration of the following bills be postponed for today:
Senate Bill No. 930
Senate Bill No. 754
Senate Bill No. 803
The motion prevailed.
The following message from the Governor was received on December 4, 2012, and read:
EXECUTIVE ORDER
No. 2012-17
Michigan Domestic and Sexual Violence Prevention
and Treatment Board
Michigan Domestic Violence Prevention
and Treatment Board
WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and
WHEREAS, the Violence Against Women (“Violence Against Women Act”) and the Department of Justice Reauthorization Act of 2005, PL 109–162, January 5, 2006, 119 Stat 2960, provide federal dollars to address domestic and sexual violence; and
WHEREAS, the Violence Against Women Act addresses both domestic violence and sexual violence; and
WHEREAS, Congress enacted 42 USC 14043g, the Violence Against Women Act Sexual Assault Services Program grant to assist in providing intervention, advocacy, accompaniment, support services, and assistance to victims of sexual assault; and
WHEREAS, Act 389 of 1978, MCL 400.1501 to MCL 400.1511, established the Domestic Violence Prevention and Treatment Board; and
WHEREAS, the Michigan Domestic Violence Prevention and Treatment Board is the designated agency to administer and monitor grants under the Violence against Women Act Sexual Assault Services Program which supports nonprofit, nongovernmental sexual assault service provider organizations; and
WHEREAS, the goals and functions of the Domestic Violence Prevention and Treatment Board affect both domestic violence and sexual violence prevention and treatment; and
WHEREAS, the Michigan Domestic Violence Prevention and Treatment Board provides sexual assault funding to Sexual Assault Centers in Michigan; and
WHEREAS, MCL 400.1531 to 400.1535 delegated responsibility to the Michigan Domestic Violence Prevention and Treatment Board to expend money from the Sexual Assault Victims’ Medical Forensic Intervention and Treatment Fund; and
WHEREAS, MCL 722.1041 to 722.1044 delegated responsibility to the Michigan Domestic Violence Prevention and Treatment Board to expend money from the Children’s Advocacy Center Fund; and
WHEREAS, incorporating sexual abuse prevention and treatment into the Domestic Violence Prevention and Treatment Board will lead to more effective outcomes and greater administrative efficiency for domestic violence and sexual abuse victims;
NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963, and the laws of the state of Michigan, order the following:
I. CREATION OF THE MICHIGAN DOMESTIC AND SEXUAL VIOLENCE PREVENTION AND TREATMENT BOARD
A. The Michigan Domestic and Sexual Violence Prevention and Treatment Board (“Board”) is created within the Department of Human Services (“Department”). The Director of the Department shall provide appropriate staff support for the Board, subject to available funding.
B. All of the authority, powers, duties, functions, and responsibilities of the Michigan Domestic Violence Prevention and Treatment Board established by Act 389 of 1978, MCL 400.1501 to MCL 400.1511 shall be transferred to the Michigan Domestic and Sexual Violence and Prevention Treatment Board created under Section I. A. of this Order. All records, personnel, property and unexpended balances of appropriations of the Michigan Domestic Violence Prevention and Treatment Board are transferred to the Michigan Domestic and Sexual Violence Prevention and Treatment Board.
C. The Michigan Domestic Violence Prevention and Treatment Board is abolished.
II. BOARD MEMBERSHIP
A. The Governor shall appoint a Michigan Domestic and Sexual Violence Prevention and Treatment Board consisting of seven (7) members, all of whom shall have experience in an area related to the problems of domestic violence and/or sexual violence. The members shall be appointed by the Governor with the advice and consent of the senate. The term of office of a member shall be three (3) years, except that of the members first appointed, two (2) shall serve for a term of one (1) year, two (2) shall serve for a term of two (2) years and three (3) shall serve for a term of three (3) years.
B. The Governor shall designate one member of the board to serve as chairperson. A majority of the members shall constitute a quorum.
C. A vacancy on the Board shall be filled in the same manner as the original appointment. A member appointed to fill a vacancy occurring other than by expiration of a term shall be appointed for the remainder of the unexpired term.
D. The legislature shall establish per diem compensation and the schedule for reimbursement of expenses.
III. CHARGE TO THE BOARD
The Board shall do all of the following:
1. Coordinate and monitor programs and services funded under Act 389 of 1978, MCL 400.1501 to MCL 400.1511 or otherwise supported by funds expended by the board for the prevention of domestic and sexual violence and the treatment of victims of domestic and sexual violence.
2. Develop standards for the implementation and administration of services and procedures to prevent domestic and sexual violence, and to provide services and programs for victims of domestic and sexual violence.
3. Provide planning and technical assistance to prime sponsors for the development, implementation, and administration of programs and services for the prevention of domestic and sexual violence, and the treatment of victims of domestic and sexual violence.
4. Conduct research to develop and implement effective means for preventing domestic and sexual violence and treating victims of domestic and sexual violence.
5. Provide assistance to the Department of State Police in developing a system for monitoring and maintaining a uniform reporting system to provide accurate statistical data on domestic and sexual violence.
6. Coordinate educational and public informational programs for the purpose of developing appropriate public awareness regarding the problems of domestic and sexual violence; encourage professional persons and groups to recognize and deal with problems of domestic and sexual violence; to make information about the problems of domestic and sexual violence available to the public, organizations, and agencies that deal with problems of domestic and sexual violence; encourage the development of community programs to prevent domestic and sexual violence; and provide services to victims of domestic and sexual violence.
7. Study and recommend changes in civil and criminal laws and procedures that will enable victims of domestic and sexual violence to receive equitable and fair treatment under the law.
8. Advise the legislature and Governor on the nature, magnitude, and priorities of the problem of domestic and sexual violence, the needs of victims of domestic and sexual violence, and recommend appropriate changes in state laws and programs related to domestic and sexual violence.
9. Develop policies, budgets, and standards that will reduce the problem of domestic and sexual violence and improve the condition of victims.
10. Administer grants awarded pursuant to the Violence Against Women Act, the Family Violence Prevention and Services Act, and other governmental or non-governmental grants.
IV. MISCELLANEOUS
A. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order.
B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this order.
This Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 4th day of December, in the Year of our Lord Two Thousand Twelve.
Richard D. Snyder
Governor
By the Governor:
Ruth A. Johnson
Secretary of State
The executive order was referred to the Committee on Government Operations.
The following messages from the Governor were received and read:
November 20, 2012
I respectfully submit to the Senate the following appointment to office:
Chair - Board of Mechanical Rules
Kenneth D. Misiewicz of 1314 N. Pease Road, Vermontville, Michigan 49096, county of Eaton, is appointed for a term expiring at the pleasure of the Governor.
December 3, 2012
I respectfully submit to the Senate the following appointments to office:
Michigan Board of Social Work
Brian D. Philson of 7850 Sears Road, Horton, Michigan 49246, county of Onondaga, representing professionals, succeeding Merry Battles, is appointed for a term commencing January 1, 2013 and expiring December 31, 2016.
Marc J. Milburn of 801 Collingwood Drive, Houghton Lake, Michigan 48629, county of Roscommon, representing the general public, succeeding Heather Bell, is appointed for a term commencing January 1, 2013 and expiring December 31, 2016.
December 3, 2012
I respectfully submit to the Senate the following appointments to office:
Michigan Board of Veterinary Medicine
Lynn Happel of 9873 Alaska Court, S.E., Caledonia, Michigan 49316, county of Kent, representing veterinarians, succeeding Nancy Reeves, is appointed for a term commencing January 1, 2013 and expiring December 31, 2016.
Marianne A. Tear of 34236 Shorewood Road, Chesterfield, Michigan 48047, county of Macomb, representing veterinarian technicians, succeeding Sandra Pelton, is appointed for a term commencing January 1, 2013 and expiring December 31, 2016.
December 4, 2012
I respectfully submit to the Senate the following appointments to office:
Chair - Michigan Domestic and Sexual Violence Prevention and Treatment Board
Cris Mary Sullivan of 4876 Doane Highway, Potterville, Michigan 48876, county of Eaton, is appointed for a term expiring at the pleasure of the Governor.
Michigan Domestic and Sexual Violence Prevention and Treatment Board
Kathryn A. Hoover of 1327 Lake Valley Drive, Fenton, Michigan 48430, county of Genesee, is appointed for a term expiring December 4, 2014.
James A. Fink of 206 S. Washington Street, Ypsilanti, Michigan 48197, county of Washtenaw, is appointed for a term expiring December 4, 2013.
Cris M. Sullivan of 4876 Doane Highway, Potterville, Michigan 48876, county of Eaton, is appointed for a term expiring December 4, 2013.
Jeffrie K. Cape of 5079 Langlewood Drive, West Bloomfield, Michigan 48322, county of Oakland, is appointed for a term expiring December 4, 2013.
Jeffrey L. Sauter of 2682 Walnut Grove Road, Grand Ledge, Michigan 48837, county of Eaton, is appointed for a term expiring December 4, 2015.
Elizabeth Pollard Hines of 826 Sunrise Court, Ann Arbor, Michigan 48103, county of Washtenaw, is appointed for a term expiring December 4, 2015.
Yvonne DeCarla Brantley of 2005 Fremont Avenue, Bay City, Michigan 48708, county of Bay, is appointed for a term expiring December 4, 2015.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Pavlov moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the 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. 4860, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27b (MCL 211.27b), as amended by 1996 PA 476.
House Bill No. 5873, entitled
A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition act,” by amending the title and sections 1, 2, 3, 4, and 5 (MCL 390.1241, 390.1242, 390.1243, 390.1244, and 390.1245).
House Bill No. 5437, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 32 (MCL 432.32), as amended by 1996 PA 13.
House Bill No. 5461, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14c of chapter XVII (MCL 777.14c), as added by 2002 PA 29.
House Bill No. 5837, entitled
A bill to amend 1973 PA 43, entitled “An act to permit associations, institutions and credit unions to process or handle food stamps; and to prescribe powers and duties,” by amending section 1 (MCL 400.171), as amended by 2003 PA 218.
House Bill No. 5315, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 724 (MCL 330.1724), as amended by 1995 PA 290.
House Bill No. 5487, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 1989 PA 173.
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:
House Bill No. 5220, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” (MCL 205.701 to 205.779) by adding section 62b.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 1, line 3, by striking out “RESPONDENT LOCAL TAX COLLECTING UNIT HAS FILED AN ANSWER TO THE PETITION” and inserting “RESIDENTIAL PROPERTY AND SMALL CLAIMS DIVISION HAS ISSUED NOTICE OF THE DOCKET NUMBER ASSIGNED TO THE PETITION AND BEFORE A HEARING FOR THE PETITION HAS BEEN SCHEDULED”.
2. Amend page 1, line 4, after the second “THE” by inserting “RESPONDENT”.
3. Amend page 2, line 3, after “DIVISION.” by inserting “A WRITTEN REQUEST SHALL INCLUDE A STATEMENT ATTESTING TO THE SERVICE OF THE WRITTEN REQUEST ON THE PETITIONER OR LOCAL TAX COLLECTING UNIT, AS APPROPRIATE. THE STATEMENT SHALL IDENTIFY THE PERSON UPON WHOM THE REQUEST WAS SERVED AND THE DATE AND METHOD BY WHICH THE WRITTEN REQUEST WAS SERVED ON THAT PERSON.”.
4. Amend page 2, line 8, after “HELD” by inserting “TELEPHONICALLY OR”.
5. Amend page 2, line 13, after “CONFERENCE.” by inserting “IF THE RESIDENTIAL AND SMALL CLAIMS DIVISION ISSUES AN ORDER COMPELLING AN INFORMAL SETTLEMENT CONFERENCE, THE LOCAL TAX COLLECTING UNIT SHALL CONDUCT AN INFORMAL SETTLEMENT CONFERENCE AS REQUIRED BY THE ORDER.”.
6. Amend page 2, line 15, after “CONFERENCE” by striking out “AFTER RECEIPT OF” and inserting “AS REQUIRED BY”.
7. Amend page 2, line 22, after “HELD” by inserting “TELEPHONICALLY OR”.
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5835, entitled
A bill to repeal 1980 PA 307, entitled “Savings and loan act of 1980,” (MCL 491.102 to 491.1202).
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. 5836, entitled
A bill to amend 1978 PA 322, entitled “An act to authorize financial institutions to make electronic funds transfer terminals available to their customers; to protect the privacy and security of customers; to prohibit unfair discrimination among financial institutions and monopolistic practices in the use and availability of electronic funds transfer terminals; to prescribe remedies; and to prescribe penalties,” by amending section 2 (MCL 488.2), as amended by 2003 PA 220.
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. 5838, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5451 and 6023 (MCL 600.5451 and 600.6023), section 5451 as added by 2004 PA 575 and section 6023 as amended by 1998 PA 61.
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. 5863, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 36 (MCL 492.136), as amended by 2003 PA 221.
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. 5727, entitled
A bill to provide that governmental units implement cost-effective energy conservation improvements to minimize energy consumption and reduce operating costs; to provide for energy audits; to specify procedures for obtaining contracts to reduce energy consumption; to prescribe payment methods for energy conservation contracts; and to prescribe duties for certain state governmental officers and entities.
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. 5463, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 4 (MCL 125.1654), as amended by 2006 PA 279, and by adding section 28a.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1357, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17f of chapter XVII (MCL 777.17f), as amended by 2006 PA 404.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 612, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3407c.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 1, line 1, after “THROUGH” by striking out “A STATE” and inserting “AN AMERICAN HEALTH BENEFIT”.
2. Amend page 1, line 7, after “THROUGH” by striking out “A STATE” and inserting “AN AMERICAN HEALTH BENEFIT”.
3. Amend page 2, line 4, after “OF” by striking out “A STATE” and inserting “AN AMERICAN HEALTH BENEFIT”.
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 613, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 1, line 2, after “THROUGH” by striking out “A STATE” and inserting “AN AMERICAN HEALTH BENEFIT”.
2. Amend page 1, line 8, after “THROUGH” by striking out “A STATE” and inserting “AN AMERICAN HEALTH BENEFIT”.
3. Amend page 2, line 2, after “OF” by striking out “A STATE” and inserting “AN AMERICAN HEALTH BENEFIT”.
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 614, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16240 and 20195.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 25, after “THROUGH” by striking out “A STATE” and inserting “AN AMERICAN HEALTH BENEFIT”.
2. Amend page 4, line 7, after “THROUGH” by striking out “A STATE” and inserting “AN AMERICAN HEALTH BENEFIT”.
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4834, entitled
A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 6 (MCL 333.26426).
Substitute (S-5).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 7, following line 11, by inserting:
“Enacting section 1. This amendatory act takes effect April 1, 2013.”.
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4851, entitled
A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3 and 8 (MCL 333.26423 and 333.26428).
Substitute (S-3).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 11, following line 12, by inserting:
“Enacting section 1. This amendatory act takes effect April 1, 2013.”.
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.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 4853, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2011 PA 87.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 3, following line 7, by inserting:
“Enacting section 1. This amendatory act takes effect April 1, 2013.”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
House Bill No. 4856, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 474.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 2, following line 4, by inserting:
“Enacting section 1. This amendatory act takes effect April 1, 2013.”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5301, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” (MCL 45.501 to 45.521) by adding section 14a.
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. 5302, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 18j.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5313, entitled
A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” (MCL 45.551 to 45.573) by adding section 4a.
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.
During the Committee of the Whole, Senator Johnson entered the Senate Chamber.
Recess
Senator Pavlov moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:56 a.m.
11:53 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Hansen.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Pavlov 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. 4609
Senate Bill No. 1369
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
General Orders
Senator Pavlov moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator Hansen, designated Senator Hopgood as Chairperson.
After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendments, the following bill:
House Bill No. 4609, entitled
A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” by amending section 315 (MCL 462.315), as amended by 2001 PA 5.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 3, line 1, after the third “THE” by inserting “LOCAL”.
2. Amend page 3, line 2, after “AUTHORITY” by inserting “REPRESENTATIVES”.
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1369, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2012 PA 203, and by adding section 732b.
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.
Recess
Senator Meekhof moved that the Senate recess until 4:00 p.m.
The motion prevailed, the time being 12:04 p.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Meekhof moved that the Committee on Finance be discharged from further consideration of the following bill:
House Bill No. 4134, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7pp.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Meekhof moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 1386
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 the order of General Orders, be placed on the General Orders calendar for consideration today:
House Bill No. 4134
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 pro tempore, Senator Schuitmaker, designated Senator Hopgood as Chairperson.
Recess
Senator Meekhof moved that the Committee of the Whole recess subject to the call of the Chairperson.
The motion prevailed, the time being 4:04 p.m.
4:11 p.m.
The Committee of the Whole was called to order by the Chairperson, Senator Hopgood.
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 with a substitute therefor, the following bill:
Senate Bill No. 1386, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57a (MCL 400.57a), as amended by 2011 PA 131.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4134, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7pp.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Meekhof moved that consideration of the following bills be postponed for today:
Senate Bill No. 409
Senate Bill No. 152
The motion prevailed.
Senate Bill No. 1039, entitled
A bill to authorize the state administrative board to exchange certain parcels of property in Jackson county; to prescribe certain conditions for the exchange; and to provide for disposition of revenue derived from the exchange.
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. 1133, entitled
A bill to authorize the state administrative board to convey certain parcels of state-owned property in Washtenaw county; to prescribe conditions for the conveyance; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.
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. 688, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 423 (MCL 750.423).
(For text of amendment, see Senate Journal No. 75, p. 2347.)
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. 805 Yeas—36
Anderson Green Jones Proos
Bieda Gregory Kahn Richardville
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hood Meekhof Schuitmaker
Caswell Hopgood Moolenaar Smith
Colbeck Hune Nofs Walker
Emmons Hunter Pappageorge Warren
Gleason Jansen Pavlov Whitmer
Nays—0
Excused—0
Not Voting—2
Johnson Young
In The Chair: Schuitmaker
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Hunter moved that Senator Johnson be temporarily excused from the balance of today’s session.
The motion prevailed.
Senate Bill No. 689, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2102 (MCL 600.2102) and by adding chapter 21A.
Substitute (H-1).
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. 806 Yeas—36
Anderson Green Kahn Richardville
Bieda Gregory Kowall Robertson
Booher Hansen Marleau Rocca
Brandenburg Hildenbrand Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Jones Proos Young
Nays—0
Excused—1
Johnson
Not Voting—1
Hood
In The Chair: Schuitmaker
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Johnson entered the Senate Chamber.
Senate Bill No. 707, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1852 (MCL 600.1852) and by adding chapter 22.
(For text of amendments, see Senate Journal No. 75, p. 2348.)
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 807 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 not concurred in, 2/3 of the members serving not 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. 726, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2005 PA 35.
Substitute (H-2).
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. 808 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 not concurred in, 2/3 of the members serving not 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. 845, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 4a of chapter IX (MCL 769.4a), as amended by 2006 PA 663.
(For text of amendment, see Senate Journal No. 75, p. 2348.)
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. 809 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 not concurred in, 2/3 of the members serving not 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. 846, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2011 PA 169.
(For text of amendments, see Senate Journal No. 75, p. 2348.)
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 810 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 not concurred in, 2/3 of the members serving not 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. 847, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a (MCL 750.81 and 750.81a), as amended by 2001 PA 190.
(For text of amendment, see Senate Journal No. 75, p. 2349.)
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. 811 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 not concurred in, 2/3 of the members serving not 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. 848, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 84 (MCL 750.84).
(For text of amendment, see Senate Journal No. 75, p. 2349.)
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. 812 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 not concurred in, 2/3 of the members serving not 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. 862, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34c (MCL 211.34c), as amended by 2011 PA 320.
Substitute (H-1).
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. 813 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.
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. 901, entitled
A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 144 (MCL 559.244), as added by 1982 PA 538.
Substitute (H-1).
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. 814 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—1
Young
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 not concurred in, 2/3 of the members serving not 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. 902, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5070 (MCL 600.5070), as added by 2000 PA 419, and by adding section 5037 to chapter 50; and to repeal acts and parts of acts.
Substitute (H-1).
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. 815 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—1
Young
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 not concurred in, 2/3 of the members serving not 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. 903, entitled
A bill to provide for the enforceability of agreements to arbitrate disputes; to provide procedures for the arbitration of disputes; to provide remedies, including remedies for the enforcement of arbitration agreements, rulings, and awards; and to provide immunity from civil liability and testimonial privileges.
Substitute (H-1).
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. 816 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—1
Young
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 not concurred in, 2/3 of the members serving not voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 934, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520b, 520c, 520d, and 520e (MCL 750.520b, 750.520c, 750.520d, and 750.520e), as amended by 2007 PA 163.
(For text of amendment, see Senate Journal No. 75, p. 2350.)
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. 817 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 not concurred in, 2/3 of the members serving not 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. 1056, entitled
A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending sections 1a, 2, 2a, 3, 3a, and 8 (MCL 28.241a, 28.242, 28.242a, 28.243, 28.243a, and 28.248), sections 1a and 3a as amended and section 8 as added by 2001 PA 187, section 2 as amended by 2001 PA 203, section 2a as added by 2005 PA 310, and section 3 as amended by 2004 PA 222.
(For text of amendment, see Senate Journal No. 75, p. 2350.)
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. 818 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.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1195, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109k.
Substitute (H-1).
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. 819 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 1196, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 204, 212, 224, and 232a (MCL 330.1204, 330.1212, 330.1224, and 330.1232a), sections 204, 212, and 224 as amended and section 232a as added by 1995 PA 290; and to repeal acts and parts of acts.
Substitute (H-2).
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. 820 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: Schuitmaker
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 full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Third Reading of Bills
Call of the Senate
Senator Meekhof moved that there be a Call of the Senate.
The motion prevailed, a majority of the members voting therefor, the time being 4:55 p.m.
Proceedings under the Call
The roll was called by the Secretary of the Senate and the following Senator was reported absent: Senator Hunter.
Senator Meekhof moved that the Sergeant at Arms be dispatched after the absentee.
The motion prevailed.
Senator Hunter entered the Senate Chamber.
Senator Meekhof moved that the Senate proceed with business under the Call.
The motion prevailed.
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:
House Bill No. 4834
House Bill No. 4851
House Bill No. 4853
House Bill No. 4856
House Bill No. 5301
House Bill No. 5302
House Bill No. 5313
House Bill No. 5463
House Bill No. 4134
Senate Bill No. 1386
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. 5463
House Bill No. 5089
House Bill No. 5090
House Bill No. 5582
House Bill No. 5583
House Bill No. 5590
House Bill No. 4725
House Bill No. 5668
House Bill No. 4096
House Bill No. 5523
House Bill No. 5466
House Bill No. 4834
House Bill No. 4851
House Bill No. 4853
House Bill No. 4856
House Bill No. 5301
House Bill No. 5302
House Bill No. 5313
House Bill No. 4134
Senate Bill No. 1386
The motion prevailed.
The President, Lieutenant Governor Calley, resumed the Chair.
The following bill was read a third time:
House Bill No. 5463, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1, 4, 14, and 19 (MCL 125.1651, 125.1654, 125.1664, and 125.1669), section 1 as amended by 2011 PA 24, section 4 as amended by 2006 PA 279, and section 14 as amended by 1993 PA 323, and by adding section 28a.
The question being on the passage of the bill,
Senator Whitmer offered the following amendment:
1. Amend page 23, following line 10, by inserting:
“Enacting section 1. This act does not take effect unless Senate Bill No. 1015 of the 96th Legislature is enacted into law.”.
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. 821 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
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. 822 Yeas—27
Booher Hildenbrand Kowall Proos
Brandenburg Hood Marleau Richardville
Casperson Hunter Meekhof Robertson
Emmons Jansen Moolenaar Schuitmaker
Gleason Johnson Nofs Smith
Green Jones Pappageorge Walker
Hansen Kahn Pavlov
Nays—11
Anderson Colbeck Hune Whitmer
Bieda Gregory Rocca Young
Caswell Hopgood Warren
Excused—0
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
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. 5463 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 voted for this bill in committee, but upon closer review, I concluded that my kids shouldn’t pay for a new stadium in Detroit for the hockey team. I am sick of the hypocrisy I see in this Capitol. I’m sick and tired of hearing about legislators who hate government but collect their salary every other Thursday, file for their SOCC check, and record their mileage. I’m sick and tired of looking out the window and seeing the Tea Party have a rally on my dime, on state property that we have to put the tents up for and make sure they’ve got heat, so that they can come in and lobby for a right-to-work bill that hasn’t even had a hearing and no public input. I thought they liked the Constitution, those Tea Partiers.
You know what else I’m sick of? The hypocrisy of the business community. The big business who says, “You know, it’s appalling when President Obama says something like ‘You didn’t build that; we all did,’” and then shows up the next week asking for $700 million to build a stadium and asking my kids’ school to pay for it—and every one of yours, all 83 counties. This money is coming out of all of our schools.
As Bill Ballenger said, it is pure greed by the business community that continues to push the things they are right now, and it makes me sick. I hear my colleagues say, “Oh, this is for Detroit, so we’re all in favor of Detroit now”—because one billionaire called you.
What happens when we try to keep the lights on? We couldn’t find votes in here for six months to keep the lights on in Detroit. Talk about priorities—$700 million of taxpayer money and a substantial hit to schools.
What we’re seeing here is that the Republicans are waging a relentless positive race to the bottom, and I, for one, want no part of it.
Senator Richardville asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Richardville’s statement is as follows:
House Bill No. 5463, which was sponsored by Representative John Walsh, passed out of the Government Operations Committee yesterday afternoon unanimously with bipartisan support. The Ilitch organization yesterday announced it is taking a step forward with the public sector to explore a partnership to support the development of a residential, retail, entertainment, and office district in downtown Detroit. This private investment is in addition to the more than $1.9 billion that the organization has already invested in the city of Detroit and the state of Michigan.
This bill is a $650 million public-private investment. It’s 8,300 construction jobs; it will have a $1 billion impact economically to the state of Michigan; and it allows for the support of this economic development and requires no new taxes.
Colleagues, I would like to request your support for House Bill No. 5463.
By unanimous consent the Senate proceeded to consideration of the following bill:
Senate Bill No. 1386, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57a (MCL 400.57a), as amended by 2011 PA 131.
The above bill was read a third time.
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. 823 Yeas—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
Nays—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Smith Young
Excused—0
Not Voting—0
In The Chair: President
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5089, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17775.
The question being on the passage of the bill,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the Senate returned to the order of
Motions and Communications
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 5:
House Bill Nos. 4555 4710 4711 4867 5732 5768 5852 5883
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
House Bill No. 4555, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 498d, 498e, and 498h (MCL 330.1498d, 330.1498e, and 330.1498h), section 498d as amended by 1998 PA 524, section 498e as amended by 1996 PA 588, and section 498h as amended by 2000 PA 57, and by adding sections 1060, 1060a, 1060b, 1060c, 1062, 1064, 1066, 1068, 1070, 1072, and 1074.
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. 4710, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 2 (MCL 492.102), as amended by 1995 PA 166.
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 Finance.
House Bill No. 4711, entitled
A bill to amend 1966 PA 224, entitled “Retail installment sales act,” by amending section 2 (MCL 445.852), as amended by 1995 PA 167.
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 Finance.
House Bill No. 4867, entitled
A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665).
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 Judiciary.
House Bill No. 5732, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 435 and 510 (MCL 208.1435 and 208.1510), section 435 as amended by 2010 PA 310 and section 510 as amended by 2011 PA 292.
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. 5768, entitled
A bill to prohibit any agency of this state, any political subdivision of this state, any employee of any agency of this state or any political subdivision of this state, or any member of the Michigan national guard from assisting an agency of the armed forces of the United States in the investigation, prosecution, or detainment of any citizen of the United States under certain circumstances.
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 Judiciary.
House Bill No. 5852, entitled
A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28e (MCL 290.628e), as added by 2012 PA 254.
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 Agriculture.
House Bill No. 5883, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2012 PA 245.
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 Outdoor Recreation and Tourism.
Senator Meekhof moved that the Call of the Senate be lifted.
The motion prevailed.
Committee Reports
The Committee on Energy and Technology reported
House Bill No. 5727, entitled
A bill to provide that governmental units implement cost-effective energy conservation improvements to minimize energy consumption and reduce operating costs; to provide for energy audits; to specify procedures for obtaining contracts to reduce energy consumption; to prescribe payment methods for energy conservation contracts; and to prescribe duties for certain state governmental officers and entities.
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.
Mike Nofs
Chairperson
To Report Out:
Yeas: Senators Nofs, Proos, Marleau, Schuitmaker, Hopgood, Bieda and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, December 4, 2012, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Nofs (C), Proos, Marleau, Schuitmaker, Walker, Hopgood, Bieda and Young
Excused: Senator Jones
The Committee on Government Operations reported
House Bill No. 5463, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 4 (MCL 125.1654), as amended by 2006 PA 279, and by adding section 28a.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Randy Richardville
Chairperson
To Report Out:
Yeas: Senators Richardville, Hildenbrand, Meekhof, Whitmer and Hunter
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Government Operations submitted the following:
Meeting held on Tuesday, December 4, 2012, at 1:30 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Richardville (C), Hildenbrand, Meekhof, Whitmer and Hunter
The Committee on Judiciary reported
Senate Bill No. 1357, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17f of chapter XVII (MCL 777.17f), as amended by 2006 PA 404.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, December 4, 2012, at 3:58 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Jones (C), Schuitmaker, Rocca and Bieda
The Committee on Transportation reported
House Bill No. 5487, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 1989 PA 173.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Kowall, Gleason and Hood
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Tuesday, December 4, 2012, at 12:30 p.m., Room 405, Capitol Building
Present: Senators Casperson (C), Kowall, Hansen, Gleason and Hood
Excused: Senators Brandenburg and Pavlov
The Committee on Judiciary reported
Senate Bill No. 1369, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2012 PA 203, and by adding section 732b.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Transportation reported
House Bill No. 4609, entitled
A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” by amending section 315 (MCL 462.315), as amended by 2001 PA 5.
With the recommendation that the following amendments be adopted and that the bill then pass:
1. Amend page 3, line 1, after the third “THE” by inserting “LOCAL”.
2. Amend page 3, line 2, after “AUTHORITY” by inserting “REPRESENTATIVES”.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Kowall, Gleason and Hood
Nays: None
The bill and the amendments recommended by the committee were referred to the Committee of the Whole.
The Committee on Appropriations reported
Senate Bill No. 1386, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57a (MCL 400.57a), as amended by 2011 PA 131.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Roger Kahn, M.D.
Chairperson
To Report Out:
Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Proos, Schuitmaker and Walker
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, December 5, 2012, at 9:03 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory and Hopgood
Excused: Senators Hood and Johnson
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, December 5, 2012, at 3:00 p.m., Room 210, Farnum Building
Present: Senators Emmons (C) and Nofs
Absent: Senators Rocca and Gregory
Scheduled Meetings
Agriculture - Thursday, December 6, 9:15 a.m., Rooms 402 and 403, Capitol Building (373-5312)
Appropriations -
Subcommittee -
K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, December 6, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Legislative Retirement Board of Trustees - Friday, December 7, 10:30 a.m., Room H-65, Capitol Building (373-0575)
Natural Resources, Environment and Great Lakes - Thursday, December 6, 9:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323)
Regulatory Reform - Thursday, December 6, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314)
Senate Fiscal Agency Board of Governors - Thursday, December 13, 9:00 a.m., Room S-324, Capitol Building (373‑2768)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 6:03 p.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, December 6, 2012, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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