No. 86
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2013
Senate Chamber, Lansing, Wednesday, October 23, 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—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Pastor Virgil Humes of New Hope Baptist Church of Wayne offered the following invocation:
Dear wise and loving God, we thank You today on behalf of all of those who are gathered here to see our Michigan Legislature at work. Thank You for the blessings upon the citizens of this great state. May the people of this state profit from the prudent, helpful, and compassionate decisions of this body.
Thank You for life itself and for the measure of health we have that we need to fulfill our callings and to carry out our responsibilities. Thank You for the sustenance and the friendship. Thank You for loving us even as we are—from Your boundless and gracious nature.
You have given us governing authority to promote peace, order, and justice. Therefore, I pray for our elected and selected officials, both local and statewide. I pray, God, that You would give wisdom to govern amid conflicting interests and issues of our times; a sense of welfare and true needs of the people; and a keen sense of thirst for justice and rightness. I pray, God, that You would give them confidence in what is good and fitting, personal peace in their lives, and joy in their tasks.
I pray for the agenda that is set before them today. Please give them the assurance of what would please You and what would benefit those who live and work in and around the Great Lakes state of Michigan. In Your most blessed name, we pray. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Johnson, Green and Whitmer entered the Senate Chamber.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
September 26, 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 #2012-106-ED (Secretary of State Filing #13-09-17) on this date at 4:03 p.m. for the Department of Education, entitled “Special Education.”
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.
October 3, 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 #2013-020-LR (Secretary of State Filing #13-10-01) on this date at 11:50 a.m. for the Department of Licensing and Regulatory Affairs, entitled “Board of Psychology - General Rules.”
These rules become effective 7 days after filing with the Secretary of State.
October 3, 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 #2013-045-LR (Secretary of State Filing #13-10-02) on this date at 11:52 a.m. for the Department of Licensing and Regulatory Affairs, entitled “Medical Marihuana.”
These rules become effective 7 days after filing with the Secretary of State.
October 7, 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 #2012-24-LR (Secretary of State Filing #13-10-03) on this date at 3:53 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Electrical Supply and Communication Lines and Associated Equipment.”
These rules become effective 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 communications were referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, October 22:
House Bill Nos. 4259 4889
The Secretary announced that the following bills were printed and filed on Tuesday, October 22, and are available at the Michigan Legislature website:
Senate Bill Nos. 632 633 634 635 636
Senator Meekhof moved that Senators Jones, Kahn, Booher, Brandenburg, Colbeck, Pavlov, Hansen, Hildenbrand, Richardville and Walker be temporarily excused from today’s session.
The motion prevailed.
Senator Hopgood moved that Senator Hunter be temporarily excused from today’s session.
The motion prevailed.
Messages from the Governor
The following messages from the Governor were received:
Date: October 22, 2013
Time: 12:46 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 25 (Public Act No. 140), being
An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 524.
(Filed with the Secretary of State on October 22, 2013, at 3:37 p.m.)
Date: October 22, 2013
Time: 12:48 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 351 (Public Act No. 141), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 20101 (MCL 324.20101), as amended by 2012 PA 446.
(Filed with the Secretary of State on October 22, 2013, at 3:39 p.m.)
Respectfully,
Rick Snyder
Governor
The following messages from the Governor were received and read:
October 21, 2013
I respectfully submit to the Senate the following appointment to office:
Autism Council
Scott M. Gilman of 5491 Heathwood Drive, S.E., Kentwood, Michigan 49512, county Kent, representing adult service agencies and/or providers from a PIHP or CMHSP, succeeding Robert Sheehan, is appointed for a term expiring September 30, 2015.
October 21, 2013
I respectfully submit to the Senate the following appointments to office:
Michigan Community Service Commission
Carolyn A. Bloodworth of 5002 Rimers Drive, Jackson, Michigan 49201, county of Jackson, representing business, succeeding herself, is reappointed for a term expiring October 1, 2016.
Diana V. Rodriguez-Algra of 730 N. Foster Avenue, Lansing, Michigan 48912, county of Ingham, representing the volunteer sector as outlined in the Edward Kennedy Serve America Act, section 1606 (2)(B), succeeding herself, is reappointed for a term expiring October 1, 2016.
Kristen M. Lingenfelter of 5277 Hidden Pines Drive, Brighton, Michigan 48116, county of Livingston, representing business, succeeding Lori Jewell, is appointed for a term expiring October 1, 2016.
Peter L. Lemmer of 12901 W. State Road, Grand Ledge, Michigan 48837, county of Clinton, representing individuals with expertise in the educational training and development needs of youth, particularly disadvantaged youth, succeeding Ella Kate Wagner, is appointed for a term expiring October 1, 2016.
Kyle Caldwell of 7107 Stoney Creek Drive, Augusta, Michigan 49012, county of Kalamazoo, representing experts in the delivery of human, educational, environmental, or public safety services to communities and persons, succeeding Lloyd Jackson, is appointed for a term expiring October 1, 2016.
Katherine M. Janes of 3540 Mineral Springs Trail, Mount Pleasant, Michigan 48858, county of Isabella, representing individuals between the ages of 16 and 25 who is a participant or supervisor in a program defined in section 101 of title I, 42 U.S.C. 12511, succeeding Breannah Alexander, is appointed for a term expiring October 1, 2016.
October 21, 2013
Please be advised of the following appointment to office:
Natural Resources Trust Fund Board
Erin McDonough of 214 E. Riverside Street, Williamston, Michigan 48895, county of Ingham, succeeding herself, is reappointed for a term expiring October 1, 2017.
October 22, 2013
I respectfully submit to the Senate the following appointments to office:
Chair - Controlled Substances Advisory Commission
Jeffrey M. Westra of 139 Pasadena Avenue, Battle Creek, Michigan 49017, county of Calhoun, is appointed for a term expiring at the pleasure of the Governor.
Controlled Substances Advisory Commission
Jeffrey M. Westra of 139 Pasadena Avenue, Battle Creek, Michigan 49017, county of Calhoun, representing the general public, succeeding himself, is reappointed for a term expiring August 30, 2015.
Kim R. Szajna of 14057 McKinney Street, Sterling Heights, Michigan 48312, county of Macomb, representing the general public, succeeding herself, is reappointed for a term expiring August 30, 2015.
Gregory M. Cibor of 1725 Millbrook Road, Canton, Michigan 48188, county of Wayne, representing the general public, succeeding himself, is reappointed for a term expiring August 30, 2015.
Nichole L. Penny of 55670 Resort Road, Three Rivers, Michigan 49093, county of St. Joseph, representing the Board of Pharmacy, succeeding herself, is reappointed for a term expiring August 30, 2015.
Kevan R. Kreitman of 1409 Pierce Street, Birmingham, Michigan 48009, county of Oakland, representing the Board of Podiatric Medicine and Surgery, succeeding himself, is reappointed for a term expiring August 30, 2015.
Patricia E. Roels of 577 145th Avenue, Caledonia, Michigan 49316, county of Kent, representing the Board of Dentistry, succeeding William Wright, is appointed for a term expiring August 30, 2015.
Richard W. Dettloff of 7040 Crescendra Drive, S.E., Rockford, Michigan 49341, county of Kent, representing pharmaceutical manufacturers, succeeding himself, is reappointed for a term expiring August 30, 2015.
Mohammed A. Arsiwala of 45625 West 9 Mile Road, Novi, Michigan 48374, county of Oakland, representing the Board of Medicine, succeeding himself, is reappointed for a term expiring August 30, 2015.
Jeffrey K. Steffey of 2464 Arrowhead Road, S.E., Grayling, Michigan 49738, county of Kalkaska, representing pharmacology professionals, succeeding himself, is reappointed for a term expiring August 30, 2015.
Kathy A. Bouchard-Wyant of 614 Camelot Drive, East Lansing, Michigan 48823, county of Ingham, representing the Board of Nursing, succeeding herself, is reappointed for a term expiring August 30, 2015.
David A. Picone of 2743 Hagadorn Road, Mason, Michigan 48854, county of Ingham, representing licensed health care professionals from the field of psychiatry, succeeding himself, is reappointed for a term expiring August 30, 2015.
Susan C. Sevensma of 2612 Hampshire Boulevard, S.E., Grand Rapids, Michigan 49506, county of Kent, representing the Board of Osteopathic Medicine and Surgery, succeeding herself, is reappointed for a term expiring August 30, 2015.
Lawrence A. Letsche of 6565 N. Territorial Road, Plymouth, Michigan 48170, county of Washtenaw, representing the Board of Veterinary Medicine, succeeding himself, is reappointed for a term expiring August 30, 2015.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:07 a.m.
10:17 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Hildenbrand, Colbeck, Booher, Pavlov, Walker, Jones, Hansen, Brandenburg, Kahn and Richardville entered the Senate Chamber.
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 Hansen as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 547, entitled
A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 3103, 3106, 3116, 3119, 3305, 3309, 3312, 3416, 3417, 3419, 3602, 3604, and 3605 (MCL 440.3103, 440.3106, 440.3116, 440.3119, 440.3305, 440.3309, 440.3312, 440.3416, 440.3417, 440.3419, 440.3602, 440.3604, and 440.3605), section 3103 as amended by 2012 PA 86 and sections 3106, 3116, 3119, 3305, 3416, 3417, 3419, 3602, 3604, and 3605 as amended and sections 3309 and 3312 as added by 1993 PA 130.
Senate Bill No. 548, entitled
A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” by amending section 16 (MCL 450.846).
Senate Bill No. 550, entitled
A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 4A108 (MCL 440.4608), as added by 1992 PA 100.
Senate Bill No. 551, entitled
A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 9625 and 9626 (MCL 440.9625 and 440.9626), as added by 2000 PA 348.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
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.
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. 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.
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. 549, entitled
A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 4104, 4207, 4208, 4212, 4301, and 4403 (MCL 440.4104, 440.4207, 440.4208, 440.4212, 440.4301, and 440.4403), section 4104 as amended by 2012 PA 87 and sections 4207, 4208, 4212, 4301, and 4403 as amended by 1993 PA 130.
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 Hunter entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Messages from the House
The Assistant President pro tempore, Senator Hansen, assumed the Chair.
Senate Bill No. 89, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2008 PA 438.
The House of Representatives has substituted (H-7) the bill.
The House of Representatives has passed the bill as substituted (H-7), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the 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. 439 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Hansen
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. 221, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 5a (MCL 28.725a), as amended by 2011 PA 17.
The House of Representatives has amended the bill as follows:
1. Amend page 5, line 20, after “APPLIES” by inserting a comma and “UNLESS AN INDIVIDUAL ELECTS TO PREPAY AN ANNUAL REGISTRATION FEE FOR ANY FUTURE YEAR FOR WHICH AN ANNUAL REGISTRATION FEE IS REQUIRED. PREPAYING ANY ANNUAL REGISTRATION FEE SHALL NOT CHANGE OR ALTER THE REQUIREMENT OF AN INDIVIDUAL TO REPORT AS SET FORTH IN SUBSECTION (3)”.
2. Amend page 5, line 22, after “JANUARY 1, 2014” by inserting “OR TO BE MADE BY ANY INDIVIDUAL INITIALLY REQUIRED TO REGISTER UNDER THIS ACT AFTER JANUARY 1, 2019”.
3. Amend page 5, following line 26, by inserting:
“(C) THE SUM OF THE AMOUNTS REQUIRED TO BE PAID UNDER SUBDIVISIONS (A) AND (B) SHALL NOT EXCEED $550.00.”.
4. Amend page 7, line 11, after “effect” by striking out “January” and inserting “April”.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 235, entitled
A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending sections 2 and 11 (MCL 338.2302 and 338.2311).
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. 440 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 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.
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. 441 Yeas—28
Anderson Emmons Kahn Pavlov
Bieda Green Kowall Proos
Booher Hansen Marleau Richardville
Brandenburg Hildenbrand Meekhof Robertson
Casperson Hune Moolenaar Rocca
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Nays—10
Ananich Hopgood Smith Whitmer
Gregory Hunter Warren Young
Hood Johnson
Excused—0
Not Voting—0
In The Chair: Hansen
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. 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.
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. 442 Yeas—28
Anderson Emmons Kahn Pavlov
Bieda Green Kowall Proos
Booher Hansen Marleau Richardville
Brandenburg Hildenbrand Meekhof Robertson
Casperson Hune Moolenaar Rocca
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Nays—10
Ananich Hopgood Smith Whitmer
Gregory Hunter Warren Young
Hood Johnson
Excused—0
Not Voting—0
In The Chair: Hansen
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.
Third Reading of Bills
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 4930
House Bill No. 4382
House Bill No. 4383
House Bill No. 4384
Senate Bill No. 479
Senate Bill No. 480
The motion prevailed.
The following bill was read a third time:
House Bill No. 4930, entitled
A bill to amend 1929 PA 269, entitled “An act to protect benevolent, humane, fraternal or charitable corporations in the use of their names and emblems; to provide penalties for the violation thereof; and to repeal Act No. 255 of the Public Acts of 1909,” by repealing section 3 (MCL 430.53).
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. 443 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4382, entitled
A bill to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, and 14 (MCL 333.1052, 333.1053, 333.1054, 333.1055, 333.1056, 333.1058, 333.1059, 333.1060, 333.1061, and 333.1064), section 2 as amended by 2004 PA 552, and by adding section 3a.
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. 444 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 Whitmer
Green
Nays—1
Young
Excused—0
Not Voting—0
In The Chair: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the execution of a do-not-resuscitate order for a patient in a setting outside of a hospital, a nursing home, or a mental health facility owned or operated by the department of community health; to provide that certain actions be taken and certain actions not be taken with respect to such an order; to provide for the revocation of a do-not-resuscitate order; to prohibit certain persons and organizations from requiring the execution of such an order as a condition of receiving coverage, benefits, or services; to prohibit certain actions by certain insurers; to exempt certain persons from penalties and liabilities; and to prescribe liabilities,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4383, entitled
A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 4 (MCL 400.704), as amended by 2010 PA 380.
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. 445 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 Whitmer
Green
Nays—1
Young
Excused—0
Not Voting—0
In The Chair: Hansen
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 4384, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1103, 5303, 5305, and 5314 (MCL 700.1103, 700.5303, 700.5305, and 700.5314), section 1103 as amended by 2009 PA 46, section 5303 as amended by 2000 PA 468, section 5305 as amended by 2012 PA 210, and section 5314 as amended by 2012 PA 173.
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. 446 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 Whitmer
Green
Nays—1
Young
Excused—0
Not Voting—0
In The Chair: Hansen
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 codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 479, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 411 (MCL 339.411), as amended by 2008 PA 309; and to repeal acts and parts of acts.
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. 447 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 480, entitled
A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 2a (MCL 395.102a), as amended by 2009 PA 212, and by adding section 2d; and to repeal acts and parts of acts.
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. 448 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
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.
Senators Johnson, Anderson, Gregory, Bieda, Pappageorge and Young offered the following resolution:
Senate Resolution No. 98.
A resolution to urge the Congress and the President of the United States to enact legislation that would reinstate the separation of commercial and investment banking functions in effect under the Glass-Steagall Act.
Whereas, An effective money and banking system is essential to the functioning of the U.S. economy. Such a system must function in the public interest without any bias; and
Whereas, Since 1933, the Federal Banking Act, also known as the Glass-Steagall Act, protected the public interest through the regulation of commercial and investment banking, insurance companies, and securities. The Glass-Steagall Act was repealed in 1999, partially contributing to the greatest speculative bubble and worldwide recession since the Great Depression; and
Whereas, The worldwide recession left millions of homes in foreclosure. It caused the loss of millions of jobs nationwide. The recession also put severe financial strains on states, counties, and cities, exacerbating unemployment and loss of civil services; and
Whereas, The United States House of Representatives and United States Senate have been making efforts to restore the protections of the Glass-Steagall Act. United States Representative Marcy Kaptur has introduced H.R. 129, known as the Return to Prudent Banking Act of 2013, which would revive the separation between commercial banking and the securities business in the manner provided by the Glass-Steagall Act. United States Senator Elizabeth Warren, along with Senators John McCain, Maria Cantwell, and Angus King, has introduced the 21st Century Glass-Steagall Act of 2013 (S. 1282), which would reduce risk for American taxpayers in the financial system and decrease the likelihood of future financial crises; and
Whereas, The Glass-Steagall Act has widespread national support from prominent economic and business leaders and national publications, including Thomas Hoenig of the FDIC, former Citigroup CEO Sanford Weill, economist Luigi Zingales, the New York Times, the St. Louis Post-Dispatch, the Los Angeles Times, and many others; and
Whereas, As of September 9, 2013, 18 states have filed resolutions demanding immediate action to return to Glass-Steagall. Maine and South Dakota have passed those resolutions through both houses of their legislatures. In the remaining states, legislative action is still pending; and
Whereas, Overwhelming pressure must be brought to bear on members of the U.S. House of Representatives and U.S. Senate to take action to pass this important legislation; now, therefore, be it
Resolved by the Senate, That we urge the Congress and the President of the United States to enact legislation that, in order to prevent American taxpayers from being called upon to fund hundreds of billions of dollars to bail out financial institutions, would reinstate the separation of commercial and investment banking functions in effect under the Glass-Steagall Act; prohibiting commercial banks and bank holding companies from investing in stocks, from underwriting securities, or from investing in or acting as guarantors to derivative transactions; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, United States Representative Marcy Kaptur, and United States Senator Elizabeth Warren.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Senator Meekhof moved that the resolution be referred to the Committee on Banking and Financial Institutions.
The motion prevailed.
Senators Hopgood and Warren were named co‑sponsors of the resolution.
Introduction and Referral of Bills
Senator Schuitmaker introduced
Senate Bill No. 637, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 20d, 212, 304, 319, 625k, and 625l (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, and 257.625l), section 20d as added by 2008 PA 462, section 212 as amended by 2002 PA 534, section 304 as amended by 2012 PA 498, section 319 as amended by 2012 PA 306, and sections 625k and 625l as amended by 2008 PA 461.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Schuitmaker introduced
Senate Bill No. 638, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2003 PA 134.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Schuitmaker introduced
Senate Bill No. 639, entitled
A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending section 2 (MCL 257.1302), as amended by 1988 PA 254.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Booher and Hunter introduced
Senate Bill No. 640, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Kowall, Bieda, Ananich, Meekhof and Richardville introduced
Senate Bill No. 641, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2502a, 2504, and 2508 (MCL 339.2502a, 339.2504, and 339.2508), section 2502a as added by 2002 PA 611, section 2504 as amended by 2003 PA 196, and section 2508 as amended by 1988 PA 16, and by adding section 2504a.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators Hansen, Booher, Marleau, Casperson, Hune and Nofs introduced
Senate Bill No. 642, entitled
A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending section 24 (MCL 567.244).
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Jones introduced
Senate Bill No. 643, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
House Bill No. 4259, entitled
A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2008 PA 504.
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. 4889, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 45 of chapter XVII (MCL 777.45), as amended by 2002 PA 666.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Statements
Senators Kahn, Caswell and Casperson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Kahn’s statement is as follows:
On Sunday, Ms. Rochelle Riley wrote an article in the Free Press pumping for state support for Belle Isle. She has been asking for a 10-year state lease of Belle Isle, calling this “both sides give a little.” She maintains the state thinks the 30-year lease would allow the state to earn back its spend. Hm. No one in state government has said that to me. What has been said to me and what I have said is Belle Isle creates a drain on available money for park projects across the rest of the state at a time when Michigan is already underfunding projects throughout the entire state. This point was lost on Riley.
The Belle Isle costs, she states, are $4 million to $6 million per year in upkeep, plus $10 million to $20 million in one-time upgrades over the next three years. That totals $22 million to $38 million over three years, with $4 million to $6 million per year in ongoing costs thereafter for the duration of the lease—her figures.
When I was negotiating with the DNR and asking them for just $3 million per year to make the State Capitol a park, they repeatedly said to me that there was opposition across the state because statewide our parks are already seriously underfunded, and diverting more money for new projects would only worsen an already-bad situation. Again, this point was lost on Ms. Riley. Hm.
Belle Isle earnings for this park project are to come from the Recreation Passport at $11 per vehicle—while busses, walkers, and bikers go in for free—and are intended to mitigate the upkeep costs of Belle Isle and pie in the sky. Other financial support for Belle Isle is to come from grants and donations. No one says this math works, even at 100 percent participation. It doesn’t work in the short run and in the long term it is hopeless.
Ms. Riley then takes off on me saying I would have supported the Belle Isle boondoggle if it was in Saginaw. Not smart. I was part of the group of Republican Senators supporting dollars for Highland Park Schools when the Wayne County Senators would not. Her accusation that I am parochial is an expression of bad faith.
Then she says some people—presumably me—don’t understand economy. Not smart again. Last I checked, I was the Senate Appropriations chair leading the team that balanced our state budget by June—three years in a row. Ad hominem attacks and badly done ones, at that, are an expression of bad faith.
Riley says the city’s problems in leadership are temporary and so are its financial problems. Yet the city council turned the state lease offer down and instead is asking for a richer deal that looks a lot like Riley’s 10-year lease proposal. She calls agreeing to this an expression of hope for the city’s future and says that if you believe in a better Detroit, decisions have to be handled that way. She then goes on to take me to task for noting that two Detroit mayoral candidates don’t support the Belle Isle deal, saying I don’t understand politics or candidates and saying things to win an election. Not smart again. As I count them, that’s three strikes and you’re out.
When the Free Press editorial staff explicitly endorses bad campaigning, no wonder Detroit is in such a mess.
Senator Caswell’s statement is as follows:
I would like to speak to the chamber today and tell them a story. Children are looking for someone to inspire them; someone who demands more of them than they do of themselves; someone to show them their true potential. In this story, that someone was Mr. Howard, a music teacher.
“The first time I came into his class, I sat in the back of the room as I always did, which tells every teacher all they need to know. I was wearing the uniform of a troubled teen—ripped jeans, long, black oily hair, and a Kurt Cobain tee shirt. It screamed of the bad boy persona that I was cultivating. With my parents divorced, I was living with a struggling single mother. Many responsibilities fell on me to contribute monetarily to the family for rent and other needs. My work schedule was a laborer on a farm, and being severely dyslexic made me contemplate dropping out of school. I was on my last chance at school. I had already been kicked out of the last school for fighting. I was failing almost every class. As I look back, I can see that the fights and my misbehavior were directed reactions to my learning disability.
I was put into a music class, not so much because of my interest, but because it was one of the few classes I hadn’t been kicked out of. Mr. Howard commented to me that that leg of mine that was nervously bouncing up and down indicated I had a lot of energy. He directed me toward the drums. After a few classes in music history, I was placed in front of that drum set and I began to play. The class faded away, and as I kept beating on those drums, I felt the pressure of the world slide off my back.
For the first time, I knew what freedom was; freedom from the judgment of others; freedom from my troubles at home. Freedom was a real thing for the first time. I pounded away on those drums all day, and the day slipped away quickly. Mr. Howard showed me that if I applied myself that anything was possible. I started putting the same intensity into my studies, and my grades shot up. I graduated from high school and then a four-year university. I continued to play music, learned all sorts of instruments, and joined a rock band.
Twenty years later, I met Mr. Howard. I told him of the path I had been on and how he shaped it. I told him that I always tried to give something back, whether I am volunteering in the local prisons or giving music lessons to those with developmental disabilities. I am only able to help these individuals because of the help he gave me all those years ago.
Not a day goes by that I don’t think about how I may have ended up, and the thought scares me. Every time I walk into a prison, I can’t help but think it could have been me on the other side of those bars. Mr. Howard was there when I needed him.”
My friends, as we contemplate all of the educational issues we do in this chamber, we must never lose sight of the Mr. Howards. Education at its core is a teacher, a student, and a parent. As we debate these issues, we must remember that there are Mr. Howards out there who can turn lives around by simply taking the time to care.
Senator Casperson’s statement is as follows:
I rise to give you and my colleagues an update. Last week, I reported on Tuesday of some wolf attacks in the Upper Peninsula over in the Engadine area and Schoolcraft County area. I reported that there was one livestock that was killed and two dogs. Wednesday of last week, I received a call from the department and received an update that some more kills had occurred on October 16. Another dog was killed and another livestock on October 16; a dog in the Chippewa County area. Some people are probably wondering why does he keep doing this? Why would this person keep reporting this kind of stuff?
I received a call last week from an individual in the Grand Rapids area who had run across some people getting signatures to referendum our bill to stop the wolf hunt. I asked them, “What were you told as to the reason for the referendum?” He said, “Well, I was told there are only 630 wolves in the state of Michigan and that they’re blowing this out of proportion and that there is only one farm in the U.P. that has problems with the wolves that are attacking the livestock.” I am reporting factually what’s been happening. I need to do that, Mr. President, because certain groups decided they didn’t have to report the facts.
I guess I would challenge this chamber and all of us: When did the truth not matter? When did it become acceptable to go out and petition people to sign things, telling them and distorting the truth, to get an outcome that you want? There was recently a poll taken on this issue, and when people were given the whole story of what’s happening, 67 percent of the people said that they support the hunt. Unfortunately, we’re stuck with a situation where many, in the Lower Peninsula for sure, are not being told the truth. Those who are collecting signatures—by the way, this is sanctioned and supported by the United States Humane Society—they should be ashamed of themselves if they are going to get behind something like this that is a half-truth to get to the end of where they want to go with this.
Professor Peterson, a Michigan Tech professor who oversees the wolf population on Isle Royale, has been very much against a wolf hunt. He is now in a position to ask if we as humans will intervene because there are not many wolves left on Isle Royale. I find myself in a unique spot because I somewhat agree with him. If we can move some wolves over there to help the population, I see nothing wrong with that. Many disagree and think man shouldn’t intervene. That was the goal behind Isle Royale, that man would not intervene and that this would be a sanctuary. Yet we are seeing that it is not working and that the wolves are dying off.
The same professor suggests that man should not intervene on the mainland where the wolf populations in these isolated areas are taking our very way of life away from us. I can’t understand that logic and reason, Mr. President, but I do ask that folks pay attention, and I will continue to give updates as to what is actually happening. It has not happened across the entire Upper Peninsula. In fact, in some places, everything is just fine. For those areas that are affected, we are hurting people’s very way of life, and we are allowing it to happen by not taking action.
So to those who have helped me support this cause, I thank you.
Committee Reports
The Committee on Transportation reported
House Bill No. 4633, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 224 (MCL 257.224), as amended by 2012 PA 491.
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, Pavlov, Hood and Ananich
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, October 22, 2013, at 12:30 p.m., Room 100, Farnum Building
Present: Senators Casperson (C), Kowall, Pavlov, Hood and Ananich
Excused: Senators Brandenburg and Hansen
The Committee on Judiciary reported
Senate Bill No. 628, entitled
A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 2 (MCL 780.752), as amended by 2009 PA 28.
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.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, October 22, 2013, at 2:30 p.m., Room 110, Farnum Building
Present: Senators Jones (C), Schuitmaker, Rocca and Bieda
COMMITTEE ATTENDANCE REPORT
The Committee on Energy and Technology submitted the following:
Meeting held on Tuesday, October 22, 2013, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Nofs (C), Proos, Jones, Marleau, Schuitmaker, Walker, Hopgood, Bieda and Young
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Human Services submitted the following:
Meeting held on Tuesday, October 22, 2013, at 2:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Caswell (C), Jansen and Proos
Excused: Senator Gregory
COMMITTEE ATTENDANCE REPORT
The Committee on Reforms, Restructuring and Reinventing submitted the following:
Meeting held on Wednesday, October 23, 2013, at 8:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural Development - Tuesday, October 29, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Human Services Department - Tuesdays, October 29, November 5 (CANCELED), and November 12, 2:00 p.m., Room 405, Capitol Building (373-2768)
State Police and Military Affairs - Thursday, November 7, 1:30 p.m., Rooms 402 and 403, Capitol Building (373‑2768)
Health Policy - Thursday, October 24, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312)
Legislative Council - Thursday, November 7, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑0212)
Natural Resources, Environment and Great Lakes - Thursday, October 24, 9:00 a.m., Room 210, Farnum Building (373-5312)
Outdoor Recreation and Tourism - Thursday, October 24, 12:30 p.m., Room 110, Farnum Building (373-5312)
Regulatory Reform - Thursday, October 24, 1:00 p.m., Room 210, Farnum Building (373-5307)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 11:18 a.m.
The Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Thursday, October 24, 2013, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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