No. 87
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2013
Senate Chamber, Lansing, Thursday, October 24, 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—excused 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—excused
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 Richard J. Alberta of Cornerstone Evangelical Presbyterian Church of Brighton offered the following invocation:
Heavenly Father, merciful God, You are the Maker of heaven and earth. We humble ourselves before You, as well we should. We remember the prayers of Abraham and Isaac and Jacob. You are their God and the God of Jesus Himself. We remember the prayer of the psalmist who said, “I lift up my eyes unto the mountains: From where should my help come? My help will come from the Lord who made heaven and earth.” You are the one who made the mountains. You are the one who is bigger than all, including those mountains.
Now I commit these men and women to You for this day’s work, because in a very real way, they have mountains to climb, mountains in front of them. They have important and blessed work, and they implore You for Your help. We have to believe, O God, because it is sensible that You care about what we are doing; that You’re in this place; that You approve of their governance; that You have ordained governance to watch over Your creation and to do so with care, precision, and commitment.
So these good folks, make them special in Your sight, especially this day. As they face the things they discuss, some of which will be small mountains and some big ones, help them to remember that You are the Maker of all and that we may look to You for our help; for Your word says that You go ahead of us and behind us. You know when we sit and when we rise. You are the great God, and there is none like You.
We humble ourselves before You now and commit this Senate meeting, this Senate in general, the work down the hall with the other leaders, the state, our Governor, and all in authority, as well we should. We pray for them. In the name of Jesus our Lord. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Jansen and Johnson entered the Senate Chamber.
The following communications were received and read:
Office of the Senate Majority Leader
October 24, 2013
Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 642 from the Senate Committee on Finance to the Senate Committee on Insurance.
If you have any questions regarding this matter, please do not hesitate to contact me.
October 24, 2013
Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 640 from the Senate Committee on Finance to the Senate Committee on Banking and Financial Institutions.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Randy Richardville
Senate Majority Leader
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 Wednesday, October 23:
House Bill Nos. 4327 4352 4353
The Secretary announced that the following bills were printed and filed on Wednesday, October 23, and are available at the Michigan Legislature website:
Senate Bill Nos. 637 638 639 640 641 642 643
House Bill Nos. 5087 5088 5089 5090 5091 5092 5093
Senator Hopgood moved that Senators Hunter and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hopgood moved that Senators Ananich and Smith be excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senator Moolenaar be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Richardville admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senators Hunter, Young and Moolenaar entered the Senate Chamber.
Senator Richardville asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Richardville’s statement is as follows:
I would like to take a moment this morning to pay tribute to Ralph Mazuca for his contributions to the Michigan State Senate. Ralph is retiring with over 21 years of service to the Office of the Secretary of the Senate, in the Physical Properties Unit. Ralph’s service to the Michigan State Senate has been invaluable. He supervised the Peckham Vocational staff and coordinated the daily cleaning operations in the Farnum Building. Throughout his over 21 years in the Senate, Ralph has continually demonstrated a positive and courteous attitude toward legislators, staff, and his co-workers. Please join me as I congratulate and thank Ralph for his dedicated service to the Michigan State Senate.
Ralph is joined today by his wife Londy; his brother Rudy and sister-in-law Eva; his brother Danny and sister-in-law Brenda; as well as Ralph’s aunt Goya Chavez. There are also a whole bunch more extended family members here too; I can’t even list them all.
Ralph, I want to congratulate you, and we wish you and your family well. We hope you enjoy your much-deserved retirement to the fullest.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:15 a.m.
12:07 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
Senator Meekhof moved that the Committee on Economic Development be discharged from further consideration of the following bill:
Senate Bill No. 146, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2010 PA 136.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:
Senate Bill No. 146
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that the Committee on Government Operations be discharged from further consideration of the following concurrent resolution:
House Concurrent Resolution No. 11.
A concurrent resolution to authorize the State Board of Education and the Michigan Department of Education to move forward to expend resources to implement the use of the Common Core State Standards so long as the conditions of this resolution can be met.
The motion prevailed, a majority of the members serving voting therefor, and the concurrent resolution was placed on the order of Resolutions.
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.
Senator Caswell offered the following resolution:
Senate Resolution No. 99.
A resolution to declare October 2013 as Juvenile Justice Awareness Month in the state of Michigan.
Whereas, The historical role of the juvenile court system is to rehabilitate and treat young offenders while holding them accountable and maintaining public safety. It is, therefore, acknowledged that keeping youth within their families, homes, and communities is best practice; and
Whereas, Recent research indicates that youth are developmentally different from adults; and
Whereas, Most laws allowing the prosecution of youth as adults were enacted prior to evidence produced by the Centers for Disease Control and Prevention and the Office of Juvenile Justice and Delinquency Prevention that demonstrate about 70-80 percent of youth treated in a punitive, nontherapeutic program will reoffend; and
Whereas, It is estimated that over 70 percent of children in the juvenile justice system have a diagnosable mental health condition, of which 30 percent have a serious emotional disturbance; and
Whereas, Youth detained or involved in the juvenile justice system should be kept in the least restrictive setting possible, with family inclusion and services provided to aid in treatment, while providing public safety; and
Whereas, 200,000 youth are tried, sentenced, or incarcerated as adults every year in the United States, and most of the youth are prosecuted for nonviolent offenses; and
Whereas, Youth with criminal records are generally barred from further education, employment, or other collateral consequences normally applied in the adult justice system; and
Whereas, Moving a youth from the adult criminal justice system into community-based services or to the juvenile justice system is more appropriate; now, therefore, be it
Resolved by the Senate, That the members of this legislative body declare October 2013 as Juvenile Justice Awareness Month in the state of Michigan; and be it further
Resolved, That we express our support for the leadership of the Michigan Council on Crime and Delinquency, Association for Children’s Mental Health, Citizens for Prison Reform and state agencies, quality improvement partners, and consumer advocates. We commend their work toward the examination of laws, policies, and practices that focus on reducing the number of youth in the juvenile justice system; removing young offenders when possible from out-of-home placements, detention centers, and adult jails and prisons; ensuring youth sentences account for the scientifically-based developmental differences from adults; and enabling youth to return to their families and society without compromising community safety.
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 resolution was adopted.
Senators Anderson, Bieda, Booher, Brandenburg, Casperson, Colbeck, Emmons, Green, Gregory, Hansen, Hildenbrand, Hood, Hopgood, Hunter, Jansen, Johnson, Jones, Kowall, Marleau, Meekhof, Moolenaar, Pappageorge, Proos, Richardville, Robertson, Rocca, Schuitmaker, Walker and Warren were named co‑sponsors of the resolution.
House Concurrent Resolution No. 11.
A concurrent resolution to authorize the State Board of Education and the Michigan Department of Education to move forward to expend resources to implement the use of the Common Core State Standards so long as the conditions of this resolution can be met.
The question being on the adoption of the concurrent resolution,
Senator Walker offered the following substitute:
A concurrent resolution to authorize the State Board of Education and the Michigan Department of Education to move forward and expend resources to implement the use of the Common Core State Standards so long as the conditions of this concurrent resolution are met.
Whereas, Noting that the Tenth Amendment to the United States Constitution states, “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” and recognizing that there is no constitutional provision delegating the power to educate children to the federal government, the Michigan Legislature declares that the federal government has no constitutional authority to dictate how children in the state of Michigan are to be educated; and
Whereas, Article VI, Section 231, of the FY 2013-14 Department of Education budget (2013 PA 59) states, “Funds appropriated in part 1 shall not be used to fund implementation of common core state standards or smarter balanced assessments unless an affirmative action of the legislature authorizing implementation of said standards or assessments is provided.”; and
Whereas, Article IX, Section 17, of the Michigan Constitution states, “No money shall be paid out of the state treasury except in pursuance of appropriations made by law.”; and
Whereas, Article VIII, Section 1, of the Michigan Constitution states, “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged.”; and
Whereas, Article VIII, Section 3, of the Michigan Constitution states, “Leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, is vested in a state board of education. It shall serve as the general planning and coordinating body for all public education, including higher education, and shall advise the legislature as to the financial requirements in connection therewith.”; and
Whereas, The Common Core State Standards were adopted by the State Board of Education in June 2010. The standards were developed by the National Governors Association and the Council of Chief State School Officers and are not a mandate by the federal government; and
Whereas, Adopting high educational expectations and ensuring that all of our students are receiving a high-quality education to develop independent thought and compete globally through a transparent and accountable system is paramount. With the previously-mentioned facts in mind, the House Subcommittee on Common Core State Standards has had dozens of hours of study and held extensive committee hearings with testimony from a diverse set of experts, educators, and the public to examine the Common Core State Standards adopted by the State Board of Education; and
Whereas, The extensive hearings led to this action by the Legislature with a belief that education “standards” define minimum expectations of what students should know at the conclusion of a course of study but not the methods, curriculum, or the entirety of what students are taught; and
Whereas, The Michigan Legislature recognizes that a high-quality education to develop independent thought is an important part of being a successful person; and
Whereas, Michigan students compete nationally and internationally for work opportunities and better careers, and, as such, a high-quality education is an important base for their success in this global competition; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we authorize, pursuant to 2013 PA 59, the State Board of Education and the Michigan Department of Education to continue to implement the use of aspects of the Common Core State Standards, as they are known today, so long as the conditions of this concurrent resolution are met; and be it further
Resolved, That any future education standards or student assessment tools approved by the State Board of Education shall be presented in a report or in testimony to the standing education committees of both chambers of the legislature before final board approval; and be it further
Resolved, That implementation of the Common Core State Standards by the State Board of Education and the Michigan Department of Education is contingent on the ability of Michigan to add different college- and career-ready standards that are in the best interest of the students of Michigan, with no ramifications from the federal government; and be it further
Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as such standards do not dictate curriculum or prescribe a particular method of instruction. Parents who choose to educate their children at home, pursuant to Section 1561 of the Revised School Code, 1976 PA 451, MCL 380.1561, retain their independence and control over their children’s education and are not subject to Common Core State Standards or the Smarter Balanced Assessment; and be it further
Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as control over the creation and implementation of curriculum, textbooks, educational materials, and instructional methods shall remain under the control of the local school districts and not the federal government; and be it further
Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as the authority and flexibility, as permitted under Section 1278 of the Revised School Code, 1976 PA 451, MCL 380.1278, to develop or adopt a different set of standards remains with locally elected school boards should they determine other college- and career-ready standards are appropriate for their students, including teaching high school Euclidean geometry and classic English literature; and be it further
Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as, consistent with Section 1278 of the Revised School Code, 1976 PA 451, MCL 380.1278, the standards shall not include attitudes, beliefs, or value systems that are not essential in the legal, economic, and social structure of our society, and to the personal and social responsibility of its citizens, as determined by locally elected school boards; and be it further
Resolved, That the State Board of Education and the Michigan Department of Education may implement Common Core State Standards so long as Michigan’s students and parents are assured of the safety and security of their personally identifiable student information by knowing that no non-education-related information on students or their families, including, but not limited to, religion, political affiliations, or biometric data, will be collected, tracked, housed, reported, sold, or shared with the federal government or outside entities; and be it further
Resolved, That the State Board of Education and the Michigan Department of Education shall issue a full report, which is to be submitted to both chambers of the Legislature by December 1, 2013. In preparation for receipt of this report, the State Board of Education may take steps to remove conflicts of interest and provide the State Board of Education and the Michigan Department of Education the necessary latitude and objectivity to develop their recommendations for Michigan’s student assessment tools. The Legislature is not committed to any specific assessment tool, but believes that any state assessment should be a computer-adaptive test that provides real-time results, is given twice each school year, and assists in the evaluation of individual teachers. The Department of Education shall put out a competitive bid through a request for proposal (RFP) for an assessment that aligns with Michigan’s college- and career-ready standards. Any assessment must be capable of being implemented for grades 3 through 11 by September 1, 2014. The Legislature intends to evaluate all assessment options in the FY 2014-15 school aid budget based on this RFP. Until that time, the Michigan Department of Education can continue to participate in the development of assessment options and recommendations only; and be it further
Resolved, That the state of Michigan, pursuant to Section 1279c of the Revised School Code, 1976 PA 451, MCL 380.1279c, shall test only for proficiency in basic and advanced academic skills and subject matter, and testing shall not be used to measure pupils’ values or attitudes. Local school districts shall have the authority to align their locally-developed or commercially-available assessment tests to the set of standards that they use in their daily curriculum to better serve the students in their districts; and be it further
Resolved, That the Michigan Department of Education will provide an official way for parents, teachers, administrators, and the public to provide feedback on the implementation of the Common Core State Standards and appropriate assessment aligned with those standards. This can be an obvious placement on the department website or a person specifically designated and responsible for following up on comments received. These comments will be considered as discussion continues regarding the standards and assessment; and be it further
Resolved, That copies of this resolution be transmitted to the State Board of Education and the Michigan Department of Education.
The substitute was adopted.
The concurrent resolution as substituted was adopted.
Senators Moolenaar and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Moolenaar’s statement is as follows:
I appreciate the work that has been done by the various committees that have heard testimony on this. I also appreciate the chance that we, as the Legislature, have had an opportunity, during this time of pausing, to reflect on what the state board’s decision back in 2010 accomplished relative to Common Core. I think it has been a healthy discussion, and I appreciate the advocates on both sides.
I do have concerns moving forward that we are giving up autonomy as the state of Michigan in terms of setting our standards and curriculum. That’s something I believe needs to be addressed in the longer term and a more forceful action by the Legislature, along with the Governor, to ensure that Michigan is in charge of its own destiny.
Senator Colbeck’s statement is as follows:
There has been a lot of discussion around Common Core, as my colleague just pointed out. There has been a lot of time to discuss that of late. I just want to start off with a discussion over exactly what we’re talking about in regard to Common Core Standards, because I think it’s illustrative of where the key concerns are for folks like myself when it comes to the adoption of these standards.
When you start talking about an education system, an education system is actually kind of a layered-cake model where you have education standards up at the top. You have an assessment tool that verifies whether or not you are compliant with those standards at the next tier, and that hands off to what happens at the local school district level, which are curriculum development and also the course materials and the lesson plans developed by our teachers. I’ve heard a lot of discussions, a lot of people talking about the fact that they make the claim that Common Core Standards are actually a higher-quality standard. I follow that statement up with the standard question of, well, can you demonstrate that it’s going to improve student performance? Because we need to make sure that we’re focused on the end game here, which is to improve student performance.
When I’ve asked that, I’ve referred to a report that said that this is what validates that this is higher student performance. In that report, it says and I quote: “Unfortunately, determining the relationship between these new standards and achievement will take several years.” This is from the author of a report, by a person who was stating that this was something that was going to improve our student achievement. In other words, despite the push for increased accountability, we will now have an accountability vacation of “several years.”
Furthermore, the failure to restrict Michigan Department of Education dollars to developing a Michigan-controlled assessment opens the door to some controversial deployment of kits to help local school districts all better align with Common Core. That’s where a lot of the problems are in regard to Common Core. Frankly, deal with some of the centralized district helpers, if you will, that are coming out of the Common Core Standards Initiative. Some of these course materials that are coming out, in particular, can be described more as indoctrination as opposed to education.
Now to be clear, these materials are generally depicted as recommended materials. They are not required of the school districts at all, but they do make it easier for the school districts to go off and deploy these materials. Now I want to give a couple examples of some of these materials that people in my district, my constituents, my friends have recited to me that give pause in regard to making sure that we have a firewall that protects our local districts from this content. One third-grade reading text teaches kids; it’s a textbook that teaches kids, under the guise of rights and responsibility training, how to protest. Another textbook talked about, in frames of the Second Amendment, that people who are in a state militia have the right to bear arms. Other suggested reading materials that can be found in the appendix of some of the deployment material for Common Core refer to textbooks, such as the blue “I CAN,” that have pornographic content.
I bring these to my colleagues’ attention because I want to reflect upon a quote from Abraham Lincoln. He said, “The philosophy of education of one generation will be the philosophy of government in the next generation.” When I see some of these points that are going into this course material here, I fear for my next generation of government.
Now to be sure, Common Core is not a federal standard, as some have claimed, but it is a national standard. It’s a national standard that will be increasingly referenced by our federal government as a tool to influence state education policies. Like so many other programs coming out of D.C. today, unfortunately, I believe that Common Core is more seen as a tool for control than about true reform. To get true educational excellence, what we need is accountability—not less accountability—more accountability. What we need is local control—more local control, not less local control. What we need is school choice and good teachers to staff those schools with our kids. I oppose this resolution.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 332, entitled
A bill 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 sections 8501 and 8512b (MCL 324.8501 and 324.8512b), section 8501 as amended and section 8512b as added by 2010 PA 299.
The House of Representatives has concurred in the Senate substitute (S-1) to the House substitute (H-2).
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 352, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b).
The House of Representatives has amended the bill as follows:
1. Amend page 3, following line 11, by inserting:
“(C) HAS BEEN RATED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS AS INDIVIDUALLY UNEMPLOYABLE.”.
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.
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 amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 449 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Nays—0
Excused—2
Ananich Smith
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 471, entitled
A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending section 2a (MCL 28.242a), as amended by 2012 PA 374.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
House Bill No. 4344, entitled
A bill to amend 1965 PA 203, 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 2 (MCL 28.602), as amended by 2004 PA 379.
The House of Representative has amended the Senate amendments as follows:
1. Amend Senate Amendment No. 2, page 2, following line 3, after “SATISFIES” by striking out “ALL OF THE FOLLOWING CONDITIONS:
(A) THE PERSON IS THE CHIEF OF POLICE OF A POLICE DEPARTMENT OF A CITY WITH A POPULATION OF NOT LESS THAN 600,000 ACCORDING TO THE MOST RECENT DECENNIAL CENSUS.
(B) THE PERSON” and inserting “THE REQUIREMENTS SET FORTH IN A RECOMMENDATION OF THE COMMISSION TO AND APPROVED BY THE LEGISLATURE ON THE FEASIBILITY OF INTERSTATE RECIPROCITY OF CERTIFICATION OF EVERYONE THAT”.
The House of Representatives has concurred in the Senate amendments as amended and agreed to the full title.
Pursuant to rule 3.202, the bill was laid over one day.
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.
(For text of amendments, see Senate Journal No. 86, p. 1627.)
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 450 Yeas—34
Anderson Hansen Kahn Proos
Bieda Hildenbrand Kowall Richardville
Booher Hood Marleau Robertson
Brandenburg Hopgood Meekhof Rocca
Casperson Hune Moolenaar Schuitmaker
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Gregory Jones
Nays—2
Caswell Warren
Excused—2
Ananich Smith
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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 Gregory 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:
House Bill No. 4937, entitled
A bill to amend 2000 PA 322, entitled “Julian-Stille value-added act,” by amending the title and section 3 (MCL 285.303); and to repeal acts and parts of acts.
Senate Bill No. 581, entitled
A bill to amend 1962 PA 60, entitled “An act to provide for the day parole of prisoners in county jails to permit them to be gainfully employed outside the jail or pursue other activities; to provide for the granting of reductions in terms of imprisonment and the regulation thereof; and to provide for the disposition of earnings from such employment,” by amending section 1 (MCL 801.251), as amended by 2012 PA 613.
Senate Bill No. 533, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15a (MCL 125.2665a), as added by 2008 PA 154.
Senate Bill No. 606, 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.
Senate Bill No. 607, entitled
A bill to amend 1979 PA 152, entitled “State license fee act,” by repealing section 62 (MCL 338.2262).
Senate Bill No. 146, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2010 PA 136.
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:
House Bill No. 4605, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20950 (MCL 333.20950), as amended by 2006 PA 568.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4731, entitled
A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2006 PA 213.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4752, entitled
A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2 and 13d (MCL 408.752 and 408.763d), section 2 as amended and section 13d as added by 2008 PA 159.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4754, entitled
A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 6 (MCL 338.976), as amended by 2010 PA 149.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4756, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2404b (MCL 339.2404b), as added by 2007 PA 157.
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. 582, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 234a and 234b (MCL 750.234a and 750.234b), as amended by 2005 PA 303.
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. 583, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2012 PA 124.
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. 444, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3306, 3307, 3309, and 3311 (MCL 324.3306, 324.3307, 324.3309, and 324.3311), section 3306 as amended by 2011 PA 90 and sections 3307, 3309, and 3311 as added by 2004 PA 246, and by adding section 3315.
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.
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 bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
Senate Bill No. 146
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 318
Senate Bill No. 319
Senate Bill No. 547
Senate Bill No. 548
Senate Bill No. 549
Senate Bill No. 550
Senate Bill No. 551
Senate Bill No. 146
The motion prevailed.
The following bill was read a third time:
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.
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. 451 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Nays—0
Excused—2
Ananich Smith
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. 319, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 32 to chapter IX.
The question being on the passage of the bill,
Senator Johnson offered the following amendment:
1. Amend page 1, line 4, after “(2)” by inserting a period and striking out the balance of the subsection.
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. 452 Yeas—8
Anderson Hood Johnson Whitmer
Gregory Hopgood Warren Young
Nays—28
Bieda Green Kahn Pavlov
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Caswell Hunter Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Excused—2
Ananich Smith
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. 453 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Nays—0
Excused—2
Ananich Smith
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. 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.
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. 454 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Nays—0
Excused—2
Ananich Smith
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. 548, entitled
A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” by amending section 16 (MCL 450.846).
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. 455 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Nays—0
Excused—2
Ananich Smith
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. 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.
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. 456 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Nays—0
Excused—2
Ananich Smith
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. 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.
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. 457 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Nays—0
Excused—2
Ananich Smith
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. 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 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. 458 Yeas—36
Anderson Gregory Jones Proos
Bieda Hansen Kahn Richardville
Booher Hildenbrand Kowall Robertson
Brandenburg Hood Marleau Rocca
Casperson Hopgood Meekhof Schuitmaker
Caswell Hune Moolenaar Walker
Colbeck Hunter Nofs Warren
Emmons Jansen Pappageorge Whitmer
Green Johnson Pavlov Young
Nays—0
Excused—2
Ananich Smith
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. 146, entitled
A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2010 PA 136.
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. 459 Yeas—32
Anderson Hansen Kahn Proos
Bieda Hildenbrand Kowall Richardville
Booher Hood Marleau Robertson
Casperson Hopgood Meekhof Rocca
Caswell Hunter Moolenaar Walker
Emmons Jansen Nofs Warren
Green Johnson Pappageorge Whitmer
Gregory Jones Pavlov Young
Nays—4
Brandenburg Colbeck Hune Schuitmaker
Excused—2
Ananich Smith
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Hildenbrand introduced
Senate Bill No. 644, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311g (MCL 380.1311g), as amended by 2008 PA 1.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Kahn, Pappageorge, Green, Schuitmaker, Brandenburg, Moolenaar, Marleau and Hildenbrand introduced
Senate Bill No. 645, entitled
A bill to amend 2010 PA 347, entitled “Girl scouts of Michigan fund act,” by amending the title and sections 1, 2, 3, and 4 (MCL 206.921, 206.922, 206.923, and 206.924).
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Kahn, Pappageorge, Green, Schuitmaker, Brandenburg, Moolenaar, Marleau and Hildenbrand introduced
Senate Bill No. 646, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Kahn introduced
Senate Bill No. 647, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 102, 3301, 3330, and 4501 (MCL 500.102, 500.3301, 500.3330, and 500.4501), the title as amended by 2002 PA 304, section 102 as amended by 2000 PA 252, section 3330 as amended by 2012 PA 204, and section 4501 as amended by 2012 PA 39, and by adding section 6104 and chapter 63.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Moolenaar, Ananich, Marleau, Pappageorge, Kahn, Brandenburg, Hildenbrand, Hansen, Green, Bieda, Booher, Proos and Colbeck introduced
Senate Bill No. 648, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 2705, and 2711 (MCL 333.2701, 333.2705, and 333.2711), as added by 1990 PA 16.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Marleau, Ananich, Moolenaar, Pappageorge, Kahn, Brandenburg, Hildenbrand, Hansen, Green, Bieda, Booher, Proos and Colbeck introduced
Senate Bill No. 649, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2707 and 2723 (MCL 333.2707 and 333.2723), as added by 1990 PA 16.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Hune introduced
Senate Bill No. 650, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 203 (MCL 436.1203), as amended by 2008 PA 474.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senator Hune introduced
Senate Bill No. 651, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 109 (MCL 436.1109), as amended by 2010 PA 213.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators Jones, Brandenburg and Marleau introduced
Senate Bill No. 652, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 841, 6404, 6407, 6410, 6413, 6419, 6421, and 8304 (MCL 600.308, 600.841, 600.6404, 600.6407, 600.6410, 600.6413, 600.6419, 600.6421, and 600.8304), section 308 as amended by 2012 PA 333, sections 841 and 8304 as amended by 2012 PA 338, section 6410 as amended by 1986 PA 308, and sections 6419 and 6421 as amended by 1984 PA 212; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Jones, Brandenburg, Hildenbrand and Marleau introduced
Senate Bill No. 653, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 504, 507, 517, 518, 8121, 8130, 8134, 8135, and 8159 (MCL 600.504, 600.507, 600.517, 600.518, 600.8121, 600.8130, 600.8134, 600.8135, and 600.8159), section 504 as amended by 2011 PA 300, sections 507 and 517 as amended by 2009 PA 228, section 518 as amended by 2006 PA 99, section 8121 as amended by 2012 PA 37, section 8130 as amended by 1988 PA 135, section 8134 as amended by 2012 PA 16, and section 8135 as amended by 1982 PA 161.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4327, entitled
A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending section 2 (MCL 125.2872), as amended by 2012 PA 229.
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 Energy and Technology.
House Bill No. 4352, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17745, 17751, 17754, and 17757 (MCL 333.17745, 333.17751, 333.17754, and 333.17757), sections 17745 and 17757 as amended by 2011 PA 210 and sections 17751 and 17754 as amended by 2012 PA 209, and by adding section 17744a.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No. 4353, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1178 and 1179 (MCL 380.1178 and 380.1179), section 1178 as amended by 2006 PA 48 and section 1179 as amended by 2004 PA 73, and by adding section 1179a.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Education.
Statements
Senators Whitmer and Caswell asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Whitmer’s statement is as follows:
Colleagues, I rise today to share a sad story regarding one of my constituents. It’s a story that points out yet another devastating consequence of the Republican budget from last year. A Lansing man, his wife, and their three kids have been locked out of their home after their gas was shut off for nonpayment. This is just one example of the countless families who are struggling on a monthly basis to keep up with their utility bills; people who face imminent danger as Michigan’s weather turns cold.
Even worse, the state has specific programs to help these families in need to get through Michigan’s harsh winters. It was the cold and callous mindset and poor decision making of my colleagues on the other side of the aisle that has had a direct hand in shutting these residents’ gas off and getting them locked out of their homes. The Republican Legislature and Governor Snyder cut the Department of Human Services’ funding and also shortened the crisis assistance period by one month.
In previous years, MDHS has offered home energy assistance to families in need starting on October 1, but this year, because of decisions made by the Republican Legislature and signed into law by Governor Snyder, the date was pushed back to November 1. Last October, the state provided emergency energy assistance to more than 1,200 households, and many of those same homes and families are in need of help again this year. In 2012, more than 25,000 people in Michigan used heating assistance a month, but, as the plight of this local Lansing family underscores, this delayed assistance is having even more severe repercussions because of the loss of heat. Cities tag people’s homes for being uninhabitable when the gas or electricity is shut off, and they are forced out on the street with no place to go.
Adding insult to injury, Governor Snyder has the power to help these people now. He has the authority and the discretion, and he chooses not to help. The Department of Human Services, which is designed to help people in need, is choosing not to help. The department also gave communities and people who normally depend on this emergency assistance a ridiculously inadequate amount of notice—four days. They gave them four days’ notice that the program was being postponed for thirty days. Now people are being forced out on the street.
Several years ago, a man died in his home after having his heat cut off during the cold winter. The Legislature at the time was able to bridge party lines and work together in hopes that this would never happen again. We made great strides and implemented sound policies and worked together. But those efforts were significantly undone by this Legislature last year, and lo and behold, we’re seeing the consequences—we are just beginning to.
As you start to turn on your heat, why don’t you think about the people in Michigan who don’t have the money to turn on their heat; who you’re leaving in the cold. I’m constantly disappointed and often ashamed of the actions or inaction of this body, especially when it’s about cutting people off from available assistance. Now we can’t, unfortunately, undo yet another severe mistake in the budgets you trumpeted last year, but Governor Snyder and DHS have the power to fix this now. I urge them to honor the Michigan Energy Assistance Act to help citizens in need outside of the emergency period, because by withholding this assistance and delaying the emergency period one month, they’re putting real families in crisis right now—three little kids here in Lansing, to be specific, and their mom and dad.
Senator Caswell’s statement is as follows:
Concerning this heating assistance situation, we did have a hearing on it. I want this chamber to rest assured that the bill that was passed out of this chamber and out of the House and signed by the Governor dealt with state money only. It indicated that of the $50 million that will be raised through Senator Nofs’ bill, up to 30 percent of this money could be used outside of the “crisis season.”
Now for the purposes of the state money was formed a workgroup, and this workgroup involved all sorts of advocacy groups. It involved utilities. It involved everyone who had any part in this whole heating assistance program that we have run in the state for many years. Out of that workgroup came the season November 1 to May 31 for the state money. Now traditionally in the past, the state, when they file their state plan with the federal government, they had always used October 1 at that time—October 1 to a certain end date which I’m not sure about. The decision on the part of the department to create the same situation with the federal money that we created through the workgroup with the state money was their decision. That was not part of the bill which this Senate passed out. I want to make that clear to everyone.
I have written a letter to the department—I did that three weeks ago—requesting, because we heard at our committee hearing an indication that this was a problem with some folks because it is new. It is different, and a year from now, it will be a different situation. I did write a letter to the department requesting that they use some of the money up front to cover this.
Now we need to understand that there are only X dollars for the state money that could be used outside the heating system, outside the crisis season. If we use those dollars now, there will be fewer dollars next spring outside the heating season after May 31. So there’s a finite number of dollars, and if we spend them now, we won’t have them next spring. I pointed that out to the committee. The one group that we had a lot of folks we heard from, a lot of folks all from Lansing who were very concerned about this. I think they understood better after the committee hearing was over, but it is a change and it is difficult and some people didn’t know. I did contact the department, and they indicated that they had let people know. They sent me a letter back that they had let people know ahead of time that this change was coming, but anytime you change something it’s difficult, so that’s what I can tell you at this point.
We’re trying to work with it as best we can, but I want this body to understand that what we did in Senate Bill No. 615 affected about $50 million. There’s about $40 million of federal money that does not have to be affected in that way. That was a decision that the department made.
Committee Reports
The Committee on Education reported
Senate Bill No. 442, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1642 (MCL 380.1642); and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Emmons, Colbeck, Hopgood and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Education reported
Senate Bill No. 443, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6094 (MCL 600.6094).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Emmons, Colbeck, Hopgood and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Wednesday, October 23, 2013, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Pavlov (C), Emmons, Colbeck, Hopgood and Young
The Committee on Economic Development reported
Senate Bill No. 553, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 4 (MCL 125.2684), as amended by 2008 PA 116.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Michael W. Kowall
Chairperson
To Report Out:
Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hansen and Smith
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic Development reported
Senate Bill No. 580, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 6, 8a, 8d, 8h, and 15 (MCL 125.2686, 125.2688a, 125.2688d, 125.2688h, and 125.2695), sections 6 and 8a as amended and section 8h as added by 2010 PA 277 and section 8d as amended by 2010 PA 368.
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.
Michael W. Kowall
Chairperson
To Report Out:
Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hansen and Smith
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic Development reported
Senate Bill No. 611, entitled
A bill to amend 1980 PA 395, entitled “Community convention or tourism marketing act,” by amending section 5 (MCL 141.875), as amended by 1989 PA 245.
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 and Smith
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development reported
Senate Bill No. 629, entitled
A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, transit-oriented developments, transit-oriented facilities, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending section 11 (MCL 123.961), as amended by 2008 PA 452.
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, Emmons, Hansen and Smith
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development reported
Senate Bill No. 630, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2013 PA 61.
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 and Smith
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, October 23, 2013, at 1:30 p.m., Room 110, Farnum Building
Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons, Hansen and Smith
Excused: Senator Ananich
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)
Economic Development - Friday, October 25, 11:00 a.m., 17951 West Austin Road, Manchester (373-5312)
Finance - Wednesday, October 30, 12:30 p.m., Room 210, Farnum Building (373-5307)
Legislative Council - Thursday, November 7, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 1:17 p.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, October 29, 2013, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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