No. 72

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Thursday, September 19, 2013.

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.

Ananich—present Hood—present Pappageorge—excused

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—excused 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—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Senator Coleman A. Young II of the 1st District offered the following invocation:

Father God, we come before You today in a time of turmoil; a time when people have lost their jobs; a time when farmers have had their farms foreclosed; a time in my district where—because of senseless violence—mothers have lost their sons, fathers have lost their daughters, and husbands have lost their wives. One of the most tragic things I’ve ever done as a legislator is to have to bury an 8-year-old and look at that coffin in front of me.

In these very turbulent times, it makes you question your faith. It makes you question why you believe. It snuffs out your hope, whether it’s the city of Detroit’s bankruptcy or whether it’s the other financial struggles that we have. But what I love about my God is that my God is the God who said, “All things are possible to him who believes in Me.”

Jesus is the only God who raised the dead, who made the blind see, who made the dumb talk, and made the lame walk. It’s in His word that He says that all you have to do is have a mustard seed of faith, and anything is possible. So in these times of downtroddenness, we have a choice to either break down or break through. Today, let it be the day where we in Michigan choose to break through. Let it be the day where we adhere to His words: “Those who rely on Me shall renew their strength. They will mount up with wings like eagles. They will run and not grow weary. They will walk and not faint.”

When it’s all said and done, and God opens up the windows of heaven and pours His supernatural blessings upon all of us, we can say the reason we walk around in this prosperous, pleasant peninsula is because we called on Jehovah-jireh; we called on the powerful name of Jesus Christ. Thank You for your blessings. Amen.

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

Motions and Communications

The following communication was received:

Department of State

Administrative Rules

Notice of Filing

September 17, 2013

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-066-LR (Secretary of State Filing #13-09-02) on this date at 4:40 p.m. for the Department of Licensing and Regulatory Affairs, entitled “CS Part 32. Aerial Work Platforms.”

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

Sincerely,

Ruth Johnson

Secretary of State

Robin L. Houston, Departmental Supervisor

Office of the Great Seal

The communication was referred to the Secretary for record.

The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, September 18, and are available at the Michigan Legislature website:

Senate Bill Nos. 493 494 495 496 497 498 499 500 501 502 503 504 505 506

507 508 509 510 512 513 514

Senate Joint Resolution BB

House Bill Nos. 4974 4975 4976 4977 4978 4979 4980 4981 4982 4983 4984 4985 4986 4987

4988 4989 4990 4991

House Joint Resolutions Y Z

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

The motion prevailed.

Recess

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

The motion prevailed, the time being 10:07 a.m.

11:01 a.m.

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

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

The motion prevailed.

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 Jansen 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 bill:

Senate Bill No. 286, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16b, 34, 40, 46, and 49 of chapter XVII (MCL 777.16b, 777.34, 777.40, 777.46, and 777.49), section 16b as amended by 2008 PA 562, sections 34 and 40 as added by 1998 PA 317, section 46 as amended by 1999 PA 227, and section 49 as amended by 2002 PA 137.

The bill 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. 285, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50 and 50b (MCL 750.50 and 750.50b), section 50 as amended by 2007 PA 152 and section 50b as amended by 2008 PA 339.

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 amendment, the following bill:

Senate Bill No. 311, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended by 2006 PA 236.

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

1. Amend page 5, following line 24, by inserting:

“Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”.

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.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

Senate Bill No. 489

Senate Bill No. 490

Senate Bill No. 126

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

By unanimous consent the Senate returned to the order of

General Orders

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

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

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

Senate Bill No. 490, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9m and 9n (MCL 211.9m and 211.9n), section 9m as added by 2012 PA 401 and section 9n as added by 2012 PA 403.

The bill was 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. 489, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9o, 19, 21, 22, 30, and 53b (MCL 211.9o, 211.19, 211.21, 211.22, 211.30, and 211.53b), section 9o as added by 2012 PA 402, section 19 as amended by 2002 PA 267, sections 21 and 22 as amended by 1996 PA 126, section 30 as amended by 2003 PA 194, and section 53b as amended by 2010 PA 24.

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

1. Amend page 5, line 23, after “20” by striking out “10” and inserting “20”.

2. Amend page 6, line 25, after “20” by striking out “10” and inserting “20”.

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. 126, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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

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 at the head of the Third Reading of Bills calendar:

Senate Bill No. 489

Senate Bill No. 490

Senate Bill No. 126

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

The following bill was read a third time:

Senate Bill No. 489, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9o, 19, 21, 22, 30, and 53b (MCL 211.9o, 211.19, 211.21, 211.22, 211.30, and 211.53b), section 9o as added by 2012 PA 402, section 19 as amended by 2002 PA 267, sections 21 and 22 as amended by 1996 PA 126, section 30 as amended by 2003 PA 194, and section 53b as amended by 2010 PA 24.

The question being on the passage of the bill,

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

Roll Call No. 364 Yeas—27

Anderson Emmons Kahn Proos

Bieda Green Kowall Richardville

Booher Hansen Marleau Robertson

Brandenburg Hildenbrand Meekhof Rocca

Casperson Hune Moolenaar Schuitmaker

Caswell Jansen Nofs Walker

Colbeck Jones Pavlov

Nays—9

Ananich Hopgood Smith Whitmer

Gregory Hunter Warren Young

Hood

Excused—2

Johnson Pappageorge

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 490, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9m and 9n (MCL 211.9m and 211.9n), section 9m as added by 2012 PA 401 and section 9n as added by 2012 PA 403.

The question being on the passage of the bill,

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

Roll Call No. 365 Yeas—27

Anderson Emmons Kahn Proos

Bieda Green Kowall Richardville

Booher Hansen Marleau Robertson

Brandenburg Hildenbrand Meekhof Rocca

Casperson Hune Moolenaar Schuitmaker

Caswell Jansen Nofs Walker

Colbeck Jones Pavlov

Nays—9

Ananich Hopgood Smith Whitmer

Gregory Hunter Warren Young

Hood

Excused—2

Johnson Pappageorge

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 126, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Whitmer offered the following amendment:

1. Amend page 6, following line 20, by inserting:

REPEALERS

Enacting section 1. Section 231 of article VI of 2013 PA 59 is repealed.”.

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. 366 Yeas—11

Ananich Gregory Hunter Whitmer

Anderson Hood Smith Young

Bieda Hopgood Warren

Nays—25

Booher Hansen Kowall Proos

Brandenburg Hildenbrand Marleau Richardville

Casperson Hune Meekhof Robertson

Caswell Jansen Moolenaar Rocca

Colbeck Jones Nofs Schuitmaker

Emmons Kahn Pavlov Walker

Green

Excused—2

Johnson Pappageorge

Not Voting—0

In The Chair: Schuitmaker

Protests

Senators Caswell, Schuitmaker, Hansen, Nofs, Moolenaar, Meekhof, Jones and Booher, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Whitmer to Senate Bill No. 126.

Senator Caswell’s statement, in which Senators Schuitmaker, Hansen, Nofs, Moolenaar, Meekhof, Jones and Booher concurred, is as follows:

I believe, as many speakers have said, that the discussion should continue. I have picked up over the last couple of months while talking to people both good things and bad things. I continue to learn new situations about common core, and I continue to listen. Today’s vote is not the final vote. I’d like the discussion to continue so that I can make sure I can look at all situations concerning this particular issue.

Senator Hood offered the following amendments:

1. Amend page 3, following line 7, by inserting:

“PART 1A

LINE-ITEM APPROPRIATIONS

FOR FISCAL YEAR 2013-2014

Sec. 151. There is appropriated for the various state departments and agencies to supplement appropriations for the fiscal year ending September 30, 2014, from the following funds:

APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 747,300

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 0

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 340,000

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 0

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 340,000

Sec. 152. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION.......................................................................................................... $ 340,000

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers................................................... 0

ADJUSTED GROSS APPROPRIATION..................................................................................... $ 340,000

Federal revenues:

Total federal revenues................................................................................................................... 0

Special revenue funds:

Total local revenues...................................................................................................................... 0

Total private revenues................................................................................................................... 0

Total other state restricted revenues............................................................................................. 0

State general fund/general purpose.............................................................................................. $ 340,000

(2) MICHIGAN STRATEGIC FUND

Precollege engineering................................................................................................................. $ 340,000

GROSS APPROPRIATION.......................................................................................................... $ 340,000

Appropriated from:

State general fund/general purpose.............................................................................................. $ 340,000”

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 6, following line 20, by inserting:

“PART 2A

PROVISIONS CONCERNING APPROPRIATIONS

FOR FISCAL YEAR 2013-2014

GENERAL SECTIONS

Sec. 1201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources in this appropriation act for the fiscal year ending September 30, 2014 is $340,000.00 and state appropriations paid to local units of government are $0.00.

Sec. 1202. The appropriations made and expenditures authorized under this act and the departments, commissions, boards, offices, and programs for which appropriations are made under this act are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594.

DEPARTMENT OF TREASURY

Sec. 1401. The appropriation in part 1A for precollege engineering is for precollege programs in engineering and sciences. The fund shall allocate 1/2 of the appropriated amount to the Detroit precollege engineering program and the Grand Rapids area precollege engineering program which were appropriated funds under 2005 PA 156.”.

The amendments were 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 amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 367 Yeas—12

Ananich Gregory Hunter Warren

Anderson Hood Rocca Whitmer

Bieda Hopgood Smith Young

Nays—24

Booher Green Kahn Pavlov

Brandenburg Hansen Kowall Proos

Casperson Hildenbrand Marleau Richardville

Caswell Hune Meekhof Robertson

Colbeck Jansen Moolenaar Schuitmaker

Emmons Jones Nofs Walker

Excused—2

Johnson Pappageorge

Not Voting—0

In The Chair: Schuitmaker

The question being on the passage of the bill,

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

Roll Call No. 368 Yeas—36

Ananich Green Jones Richardville

Anderson Gregory Kahn Robertson

Bieda Hansen Kowall Rocca

Booher Hildenbrand Marleau Schuitmaker

Brandenburg Hood Meekhof Smith

Casperson Hopgood Moolenaar Walker

Caswell Hune Nofs Warren

Colbeck Hunter Pavlov Whitmer

Emmons Jansen Proos Young

Nays—0

Excused—2

Johnson Pappageorge

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Senator Hood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Hood’s statement is as follows:

My amendment will restore funding for the pre-engineering programs in Detroit and Grand Rapids. This chamber already approved funding for this program, but the Governor decided he wanted to take that out of the budget, taking more engineers out of the program. This program helped many young people get the opportunity to have a hands-on work environment with access to advanced technology, professional experts, and a math- and science-based curriculum.

This is exactly the type of program that Governor Snyder said we need more of in his education summit earlier this year, which makes it even more confusing as to why this would be line-item vetoed out of the budget. This program has a great goal, and the goal is to prepare historically underrepresented minorities to succeed in university-level science or engineering courses and pursue careers in science, engineering, and technology.

The funding of these programs will only cost $340,000 a year. We say only $340,000, but in today’s society, as we use numbers, $340,000 is not a lot. This is a small price that will help create the skilled work force we need by preparing the next generation of engineers. If we are serious about preparing students for the future, then this program deserves our support. I ask my colleagues to join me in restoring this funding and sending it back to the Governor. Then, it would be my intent to work with the Governor to come to a compromise to help fund this crucial program.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Casperson, Emmons and Booher introduced

Senate Bill No. 511, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27 (MCL 211.27), as amended by 2012 PA 409.

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

Senator Schuitmaker introduced

Senate Bill No. 515, entitled

A bill to designate the official fruit of this state.

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

Senators Booher and Brandenburg introduced

Senate Bill No. 516, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651, 653, 655, and 657 (MCL 206.651, 206.653, 206.655, and 206.657), section 651 as amended by 2011 PA 171, section 653 as amended by 2011 PA 183, and sections 655 and 657 as added by 2011 PA 38.

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

Senators Jones, Marleau, Rocca, Moolenaar, Green, Ananich, Anderson, Proos, Hansen, Brandenburg and Schuitmaker introduced

Senate Bill No. 517, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555.

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

Senators Proos, Robertson, Jones, Brandenburg and Marleau introduced

Senate Bill No. 518, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4803 (MCL 600.4803), as amended by 1996 PA 374.

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

Senators Proos, Robertson, Jones, Brandenburg and Marleau introduced

Senate Bill No. 519, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1477.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Emmons and Colbeck introduced

Senate Bill No. 520, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 165 (MCL 750.165), as amended by 2004 PA 570.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Emmons and Colbeck introduced

Senate Bill No. 521, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending sections 31, 32, 33, 37, 44, and 45 (MCL 552.631, 552.632, 552.633, 552.637, 552.644, and 552.645), sections 31, 33, 44, and 45 as amended by 2009 PA 193, section 32 as amended by 2002 PA 567, and section 37 as amended by 1999 PA 160, and by adding section 36.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Caswell and Colbeck introduced

Senate Bill No. 522, entitled

A bill to amend 1952 PA 8, entitled “Revised uniform reciprocal enforcement of support act,” by repealing sections 14a and 23 (MCL 780.164a and 780.173).

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senator Nofs introduced

Senate Bill No. 523, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2009 PA 193.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senator Nofs introduced

Senate Bill No. 524, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6023 (MCL 600.6023), as amended by 2012 PA 553.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senator Nofs introduced

Senate Bill No. 525, entitled

A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 1 (MCL 400.231), as amended by 2004 PA 548.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Caswell and Colbeck introduced

Senate Bill No. 526, entitled

A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 5d (MCL 552.605d), as amended by 2009 PA 193.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Caswell and Colbeck introduced

Senate Bill No. 527, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2529 (MCL 600.2529), as amended by 2009 PA 239.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Nofs and Colbeck introduced

Senate Bill No. 528, 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 2012 PA 428.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Caswell and Colbeck introduced

Senate Bill No. 529, entitled

A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2009 PA 238.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Caswell and Colbeck introduced

Senate Bill No. 530, entitled

A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending sections 9, 12, 13, 15, 22, and 26 (MCL 552.509, 552.512, 552.513, 552.515, 552.522, and 552.526), section 9 as amended by 2004 PA 210, section 12 as amended by 1996 PA 276, sections 13 and 15 as amended by 2009 PA 233, and section 26 as amended by 2002 PA 571.

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senator Casperson introduced

Senate Bill No. 531, entitled

A bill to amend 1966 PA 165, entitled “An act to invalidate certain requirements for indemnity in the construction industry,” by amending section 1 (MCL 691.991), as amended by 2012 PA 468.

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

Senator Brandenburg introduced

Senate Bill No. 532, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 524.

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

Statements

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

The motion prevailed.

Senator Anderson’s statement is as follows:

I ask members to join me today in taking just a moment here. Redford lost one of its first judges ever elected, and he happens to be the father of the former Speaker of the House Andy Dillon. I’m going to read a bit from his obituary. I did get to know Andy’s dad and his mother even better from serving as the State Senator from Redford. I’ll read the following:

“Retired District Court Judge John M. Dillon, the longest serving judge in Redford Township history, died Wednesday at home after a long illness. He was 86. A World War II veteran, graduate of Detroit Catholic Central High School and the University of Detroit, Dillon lived with his wife Janet in the township for 54 years. Together they raised four children.

Dillon is survived by his wife of 59 years Janet; daughters Marybeth Dillon Butler, a writer and author, of Livonia, and Maureen Dillon Egan, a probate court clerk, of Troy; sons John Jr., a dentist, of Farmington Hills, and Andrew, attorney and Michigan state treasurer, of Redford Township; and 14 grandchildren.

Dillon was the youngest of five children of Irene Mullins Dillon of Canada and James Dillon, an Irish immigrant from County Limerick. He worked his way through Catholic Central and received a basketball scholarship to the University of Detroit. His college career was interrupted by World War II when he entered the U.S. Army at age 18 in 1945.

He returned to U-D after the war and earned his undergraduate degree, then went on to graduate law school with honors in 1952. He opened a law practice in Redford in 1954. He was elected as justice of the peace in 1963. In 1968, Dillon was top vote-getter in his election as district judge, a non-partisan position. He was re-elected every term until his retirement in 1992.

A front page story in the Redford Observer upon Dillon’s retirement noted that he passed up many opportunities for advancement in the judicial system because he ‘enjoyed the personal touch district court afforded him.’

After retiring as a full-time judge, Dillon served as a visiting judge in many courts.

Dillon was proud of his Irish heritage and was grand marshal of the Detroit St. Patrick’s Day Parade. He was a long-time member of the Society of Irish/American Lawyers.”

A moment of silence was observed in memory of former Redford District Court Judge John M. Dillon.

Senator Caswell’s statement is as follows:

To finish my discourse from yesterday, the new economics that we’re dealing with in our economy, the economy is not chiefly an incentive system. It is an information system. Information is the opposite of order. We in government like to have things ordered nicely. The economy we’re moving into relishes information. Capitalist economies are not ordered systems. The only company today left in the Dow Jones 30 industrials from 1899 is General Electric. The other 29 have all disappeared, died, and been replaced. A capitalist economy is a dynamic, living, breathing economy. We need to recognize that as we enact laws. All economic wealth and progress is based on the expansion of knowledge.

I mentioned yesterday the caveman. We are no different, except we have much more knowledge. We must enact laws and create a system that encourages the spread of knowledge. Creativity, in whatever realm it may be, always surprises us. The beauty of capitalism is that it allows for creativity. If it didn’t surprise us, then socialism would work. To bear these surprising creations, we need very steady delivery systems. This is where the rule of law and property rights and constitutional government come into play. If we’re going to expect people to put on the line their entire life savings for a creative idea, we must guarantee a rule of law, property rights, and constitutional government.

We hear Wall Street bashed a lot. Wall Street wants volatility. If they get volatility, then they can rapidly trade. But what they also want—and this is where we fail to protect the citizens of our country—Wall Street wants the downsides of this volatility to be protected by government. That is inappropriate. Main Street and Silicon Valley want monetary stability. They want to know that a dollar today is going to be a dollar tomorrow, so they can make long-term commitments in our communities. They want to make sure these commitments are protected by the law, by property rights, and by constitutional government.

Whether fueled by debt or seized by taxation, government spending necessarily substitutes state power for knowledge, and thus, destroys information and slows economic growth. State power can never replace creativity in individuals. If you look today and talk to the average working man and woman, what they want is control over their lives—control that they felt they have lost. If you talk to people who had a full-time job and are now part-time, or you talk to people who are working for a temporary company, every day they’re on edge. We must create an economic system that allows those folks to have control over their lives. Knowledge is the source of wealth. Separate the knowledge from the power to apply it, and the economy fails. We must encourage creativity in our schools, and we must understand, as we fashion policies, that without creativity we will have slow or no economic growth.

Growth comes not from dollars in people’s pockets, but from ideas in their heads. Capitalism in the new economy that we’re moving into is a domain of the mind. If a person has creative ideas in their mind, they can get laid off and still be successful. They don’t have to depend on the company. A capitalist economy—and this holds great hope for our future—can be transformed as rapidly as human minds, and knowledge can change.

Senator Richardville’s statement is as follows:

Colleagues, I would like to take a moment this morning to pay tribute to Scott Corba for his contributions to the Michigan Senate and the state as a whole.

Scott received his undergraduate degree with a concentration in political science from the University of Michigan and earned his juris doctor from Maurer School of Law at Indiana University. While in law school, he received numerous academic awards.

He began his public service career as an advisor with the Senate Majority Policy Office in May of 2011. Since that time, Scott has served as the policy advisor for the Veterans, Military Affairs and Homeland Security Committee; Energy and Technology Committee; and the Reforms, Restructuring and Reinventing Committee. He has been a valuable asset to not only the chairs of the committees of which he served, but also to all Senators and their staffs.

While his loyalty lies with the maize and blue, in an effort to keep peace in the house, Scott has been known to tune into a green and white game, since his wife Emily has loyalties to MSU. He is an avid runner and enjoys playing football with friends on the weekends. He especially enjoys the time he spends with his nephews and going Up North to the family cottage on Torch Lake.

Now he’s preparing for the next chapter of his professional life. It is with a heavy heart that I wish Scott the best of luck as he leaves the Michigan State Senate and begins the next phase of his career at the law firm of Collins and Blaha in Farmington Hills.

Please join me as I congratulate and thank Scott Corba. May he and his wife Emily know of our gratitude for his service and our best wishes for his continued success.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 318, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353.

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, Rocca and Bieda

Nays: None

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

The Committee on Judiciary reported

Senate Bill No. 319, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 32 and 33 to chapter IX.

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.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca 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, September 17, 2013, at 2:30 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Schuitmaker, Rocca and Bieda

The Committee on Reforms, Restructuring and Reinventing reported

Senate Bill No. 358, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 7 (MCL 338.887), as amended by 2002 PA 205.

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.

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen, Colbeck, Kowall and Robertson

Nays: Senators Casperson, Young and Warren

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

COMMITTEE ATTENDANCE REPORT

The Committee on Reforms, Restructuring and Reinventing submitted the following:

Meeting held on Wednesday, September 18, 2013, at 8:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren

The Committee on Finance reported

Senate Bill No. 404, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11504, 11523, 11523a, 11525, and 11525b (MCL 324.11504, 324.11523, 324.11523a, 324.11525, and 324.11525b), sections 11504 and 11523 as amended and section 11523a as added by 1996 PA 359, section 11525 as amended by 2003 PA 153, and section 11525b as added by 1996 PA 358.

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.

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Jansen, Proos, Robertson, Bieda and Warren

Nays: None

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

The Committee on Finance reported

Senate Bill No. 489, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9o, 19, 21, 22, 30, and 53b (MCL 211.9o, 211.19, 211.21, 211.22, 211.30, and 211.53b), section 9o as added by 2012 PA 402, section 19 as amended by 2002 PA 267, sections 21 and 22 as amended by 1996 PA 126, section 30 as amended by 2003 PA 194, and section 53b as amended by 2010 PA 24.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Jansen, Proos, Robertson and Bieda

Nays: Senator Warren

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 490, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9m and 9n (MCL 211.9m and 211.9n), section 9m as added by 2012 PA 401 and section 9n as added by 2012 PA 403.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Jansen, Proos, Robertson and Bieda

Nays: Senator Warren

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Wednesday, September 18, 2013, at 12:30 p.m., Room 210, Farnum Building

Present: Senators Brandenburg (C), Jansen, Proos, Robertson, Bieda and Warren

Excused: Senator Pappageorge

The Committee on Economic Development reported

Senate Bill No. 397, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 5 (MCL 125.2955).

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, Hansen, Smith and Ananich

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development reported

Senate Bill No. 398, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 4 (MCL 125.2954).

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, Hansen, Smith and Ananich

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 Wednesday, September 18, 2013, at 1:30 p.m., Room 110, Farnum Building

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

The Committee on Appropriations reported

Senate Bill No. 126, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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.

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory and Hopgood

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, September 18, 2013, at 2:31 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Kahn (C), Moolenaar, Jansen, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood and Hopgood

Excused: Senators Pappageorge and Johnson

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture and Rural Development - Tuesday, October 1, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Corrections Department, House Criminal Justice Committee and House Judiciary Committee - Thursday, September 26, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Human Services Department - Wednesday, October 2, 2:00 p.m., Rooms 402 and 403, and Tuesday, October 8, 2:00 p.m., Room 405, Capitol Building (373-2768)

State Police and Military Affairs - Thursday, September 26, 2:00 p.m., and Thursday, October 10, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Education - Thursday, September 26, 5:30 p.m., Port Huron High School, Performing Arts Center, 2215 Court Street, Port Huron (373-5314)

Michigan Law Revision Commission - Tuesday, September 24, 12:00 noon, Room 405, Capitol Building (373-0212)

Reforms, Restructuring and Reinventing - Wednesday, September 25, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5307)

State Drug Treatment Court Advisory Committee - Tuesday, September 24, 9:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 11:59 a.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, September 24, 2013, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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