No. 68

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Wednesday, September 11, 2013.

10:00 a.m.

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

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

Ananich—present Hood—present Pappageorge—present

Anderson—present Hopgood—present Pavlov—present

Bieda—present Hune—present Proos—present

Booher—present Hunter—present Richardville—present

Brandenburg—present Jansen—present Robertson—present

Casperson—present Johnson—present Rocca—present

Caswell—present Jones—present Schuitmaker—present

Colbeck—present Kahn—present Smith—present

Emmons—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—excused

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Pastor Shan Martin of Yorkville Community Church of Richland offered the following invocation:

Our Father and our God, we know that we are not perfect. We know that we are more than the sum of our individual parts. May this body of people called to govern find what it is to belong. May they refuse to ignore the marginalized members of the people they represent, and may they never sanction injustice because it seems easier. May they agree to disagree on the nonessentials, and always remain connected in those things that are essential even when that sometimes gets messy. May they frame initiatives that touch real lives in real places, and in doing this, may they open the way for more people to know that they are accepted, they are understood, and they are valued; for this is what belonging means.

And, Lord, on this date—9/11—it is a date that we all identify with. It has touched our collective identity, and it has changed each of us personally. As we carry the weight of our memories and our fears, Lord, we ask You for healing. Make us mindful that life is still a precious gift, that joy does still surprise us, and that we have much, oh so much, yet to be thankful for.

We ask this in the name of the prophets and in the name of the risen Savior. Amen.

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

Motions and Communications

Senator Richardville entered the Senate Chamber.

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

The motion prevailed.

Senator Hopgood moved that Senator Whitmer be excused from today’s session.

The motion prevailed.

Senator Kahn entered the Senate Chamber.

The following communication was received and read:

Office of the Senate Majority Leader

September 10, 2013

Pursuant to Public Act 549 of 2008, I am making the following appointment to the Baldwin Promise Authority:

Ms. Jane Ann Allison, 880 Tenth Street, Baldwin, Michigan 49304, for a term from today’s date to 9/9/2017.

Sincerely,

Randy Richardville

Senate Majority Leader

The communication was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

Senate Bill No. 325

House Bill No. 4732

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 325, entitled

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

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. 342 Yeas—37

Ananich Gregory Jones Proos

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Young

Green

Nays—0

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

Senator Meekhof moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

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

Roll Call No. 343 Yeas—37

Ananich Gregory Jones Proos

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Young

Green

Nays—0

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4732, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a and 10 (MCL 125.1502a and 125.1510), section 2a as amended by 2012 PA 103 and section 10 as amended by 1999 PA 245.

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. 344 Yeas—37

Ananich Gregory Jones Proos

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Young

Green

Nays—0

Excused—1

Whitmer

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,”.

The Senate agreed to the full title.

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 pro tempore, Senator Schuitmaker, designated Senator Proos as Chairperson.

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

House Bill No. 4525, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 13m, 16c, 17d, and 17g of chapter XVII (MCL 777.13m, 777.16c, 777.17d, and 777.17g), section 13m as amended by 2010 PA 355, section 16c as amended by 2012 PA 534, section 17d as amended by 2012 PA 456, and section 17g as amended by 2006 PA 541.

The bill was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 330, entitled

A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 19 (MCL 30.419), as amended by 1990 PA 50.

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

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

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

The Senate agreed to the full title.

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

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 34

The motion prevailed.

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

Senate Resolution No. 83

The resolution consent calendar was adopted.

Senators Anderson, Hopgood, Hood, Bieda, Pappageorge, Booher, Young, Gregory, Smith, Johnson, Ananich, Hunter, Whitmer and Warren offered the following resolution:

Senate Resolution No. 83.

A resolution designating October 2013 as Breast Cancer Awareness Month in the state of Michigan.

Whereas, The National Cancer Institute estimates that a woman in the United States has a 1 in 8 chance of developing invasive breast cancer during her lifetime; and

Whereas, Excluding cancers of the skin, breast cancer is the most common cancer diagnosed among U.S. women, accounting for more than 1 in 4 cancers; and

Whereas, Breast cancer is the most frequently diagnosed cancer among women in Michigan. In 2013, there will be an estimated 8,140 new cases of breast cancer in Michigan; and

Whereas, Breast cancer is the second-leading cause of cancer death for women in the U.S. It is estimated that 232,340 new cases of invasive breast cancer will be diagnosed among women in the U.S. in 2013; and

Whereas, All women are at risk for breast cancer; now, therefore, be it

Resolved by the Senate, That we join together in recognizing October 2013 as Breast Cancer Awareness Month in Michigan; and be it further

Resolved, That the members of this legislative body urge all Michiganians to use this month as an opportunity to educate themselves about breast cancer, and take proactive steps to reduce their risk and get appropriate screening; and be it further

Resolved, That we stand in full support of those currently battling this serious disease; and be it further

Resolved, That we offer sincere condolences to those who have lost loved ones to breast cancer; and be it further

Resolved, That we congratulate those who have won their fight with breast cancer; and be it further

Resolved, That we support all those making efforts to diagnose, research, and treat breast cancer across the state of Michigan.

Senators Hansen, Hildenbrand, Kowall, Meekhof, Pavlov, Proos, Richardville, Rocca and Schuitmaker were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senator Hildenbrand introduced

Senate Bill No. 476, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 303a (MCL 339.303a), as amended by 2006 PA 489; and to repeal acts and parts of acts.