No. 10

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2014

Senate Chamber, Lansing, Thursday, January 30, 2014.

10:00 a.m.

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

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

Ananich—present Hood—excused 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 Robert Freysinger of United Methodist Church of Kalkaska offered the following invocation:

Gracious and heavenly God, we come to You this day to ask You to guide and direct the work of the Senate. Be in the hearts and the minds of each man and woman who has pledged to serve this wonderful state of Michigan as an elected official. Be in the deliberations that take place so that productive bipartisan work can be done. May the differences which they hold and represent cause them not to be a bulwark that stands to separate them, but the dynamic tension that brings them together.

Let the realities of differences in philosophy, faith, politics, and position be like the ends of a string in a musical instrument. Without the ends being attached to the place where it was designed to be anchored, no music could be made. Without anchoring, no tone could be played and no music performed. With too much tension, the string snaps and breaks and still no music is able to be made. When the dynamic tension of each end is pulled against the other, a tone is made, and when each string is holding the appropriate tension on each end, it allows for each chord to be produced. When the strings are played and sometimes stretched into other positions, the result of each tone combined with others becomes a symphony of life and hope.

Bring to each of these Senators the full understanding of the needs of all places in our state. May the difference that they hold create the dynamic tension that will bring about the symphony that is needed to make the state of Michigan a better place to live. May the positions that they hold that make each of them who they are and has called them to serve here in the Senate be able to blend and stretch with each other for the purpose of harmony and vitality and strength. May the tone that resonates from each Senator work together rather than hold so strong that the process is broken.

We give You thanks for the dedication of each Senator to make Michigan a better place to be. Continue to empower them with an understanding of true service as they go about the business of the day.

We give You thanks for this day and the freedom that we have been given by those who have served our country. We pray for those who are serving through military service at this time. We pray for safety for them and comfort for their families. We give You thanks for the hope in our country that at times feels meager, but in the end, keeps shining as a light to the nation and to the world.

We pray for our President Barack Obama and his cabinet and staff and for our national Senate and House of Representatives. We also lift up our State Representatives, Governor Rick Snyder, and his staff.

May the work of this day be blessed so as to make the state of Michigan a better place to live and be, and may all that is done bring glory to Your name. We pray this in the name of Jesus Christ our Lord. Amen.

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

Motions and Communications

Senator Green entered the Senate Chamber.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

January 9, 2014

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 #2013-079-MA (Secretary of State Filing #14-01-01) on this date at 3:18 p.m. for the Department of Military and Veterans Affairs, entitled “Military Appeals Tribunal Procedures.”

These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

January 9, 2014

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 #2013-080-MA (Secretary of State Filing #14-01-02) on this date at 3:20 p.m. for the Department of Military and Veterans Affairs, entitled “Administration of Oaths and Affirmations.”

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.

January 9, 2014

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 #2013-081-MA (Secretary of State Filing #14-01-03) on this date at 3:22 p.m. for the Department of Military and Veterans Affairs, entitled “Interim Bond Procedures.”

January 9, 2014

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 #2013-082-MA (Secretary of State Filing #14-01-04) on this date at 3:24 p.m. for the Department of Military and Veterans Affairs, entitled “Rental of Armories and Grounds.”

January 10, 2014

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 #2013-034-LR (Secretary of State Filing #14-01-05) on this date at 4:08 p.m. for the Department of Licensing and Regulatory Affairs, entitled “GI Part 76. Spray Finishing Using Flammable and Combustible Materials.”

January 10, 2014

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 #2013-072-LR (Secretary of State Filing #14-01-06) on this date at 4:10 p.m. for the Department of Licensing and Regulatory Affairs, entitled “GI Part 49. Slings.”

January 10, 2014

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 #2013-049-LR (Secretary of State Filing #14-01-07) on this date at 4:12 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 43. Hazardous Work in Laboratories.”

January 10, 2014

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 #2013-076-LR (Secretary of State Filing #14-01-08) on this date at 4:14 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 470. Employee Medical Records and Trade Secrets.”

January 13, 2014

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 #2012-065-LR (Secretary of State Filing #14-01-09) on this date at 3:32 p.m. for the Department of Licensing and Regulatory Affairs, entitled “CS Part 22. Signals, Signs, Tags, and Barricades.”

January 13, 2014

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 #2013-047-LR (Secretary of State Filing #14-01-10) on this date at 3:34 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 451. Respiratory Protection.”

January 13, 2014

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 #2013-073-LR (Secretary of State Filing #14-01-11) on this date at 3:36 p.m. for the Department of Licensing and Regulatory Affairs, entitled “OH Part 312. 1,3-Butadiene.”

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 following communication was received:

Department of Treasury

January 29, 2014

Please find attached the divestment report to the Legislature for the 2013 calendar year. This report is required by the Divestment from Terror Act, MCL 129.291 et seq and the divestment mandates of the Public Employee Retirement System Investment Act (MCL 38.1133c and MCL 38.1133d). The Acts require the State Treasurer file a publicly available report to the Legislature each year on progress made under the Acts. This e-mail and the attached report represents the State Treasurer’s compliance with this reporting mandate.

If you have any question, please contact Amanda York Ellis at (517) 335-9286 or ellisa4@michigan.gov .

Cathy Murray, Paralegal

Bureau of Investments

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, January 29:

House Bill Nos. 5131 5132

The Secretary announced that the following bills were printed and filed on Wednesday, January 29, and are available at the Michigan Legislature website:

Senate Bill Nos. 745 746 747

House Bill Nos. 5256 5257 5258 5259 5260 5261 5262 5263 5264 5265 5266 5267

Senator Hopgood moved that Senators Whitmer, Johnson and Young be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Jones admittance to the Senate floor, including the center aisle.

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.

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.

10:16 a.m.

The Senate was called to order by the Assistant President pro tempore, Senator Hansen.

During the recess, Senator Jones introduced the Olivet Middle School Eighth Grade Football Team and Principal Michael Flood, along with a video of the “Keith Special” play in honor of a touchdown by player Keith Orr; and presented them with a Special Tribute.

Principal Flood responded briefly.

During the recess, Senators Whitmer and Young entered the Senate Chamber.

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

Senate Bill No. 735

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

Messages from the Governor

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

Senate Bill No. 64

The motion prevailed.

The following messages from the Governor were received and read:

January 28, 2014

I respectfully submit to the Senate the following appointments to office:

Education Achievement Authority Board

Joyce Hayes-Giles of 19535 Afton Road, Detroit, Michigan 48203, county of Wayne, succeeding Mike Duggan, is appointed for a term expiring at the pleasure of the Governor.

Timothy H. Wood of 445 St. Joseph Street, Saugatuck, Michigan 49453, county of Allegan, succeeding Joseph Jordon, is appointed for a term expiring at the pleasure of the Governor.

Mary C. Treder Lang of 277 Touraine Road, Gross Pointe Farms, Michigan 48236, county of Wayne, succeeding Ike McKinnon, is appointed for a term expiring at the pleasure of the Governor.

January 28, 2014

I respectfully submit to the Senate the following appointments to office:

Education Achievement Authority Board Executive Committee

Roy S. Roberts of 317 Pine Ridge Drive, Bloomfield Hills, Michigan 48304, county of Oakland, representing the Governor, is reappointed for a term expiring August 8, 2017.

Mark Murray of 649 Cambridge, S.E., Grand Rapids, Michigan 49506, county of Kent, representing the Governor, is reappointed for a term expiring August 8, 2016.

January 28, 2014

I respectfully submit to the Senate the following appointments to office:

Michigan Board of Medicine

Peter T. Graham of 2233 Quarry Road, East Lansing, Michigan 48823, county of Ingham, representing physicians, succeeding himself, is reappointed for a term expiring December 31, 2017.

Richard D. Bates of 8561 US 23 South, Ossineke, Michigan 49766, county of Alpena, representing physicians, succeeding himself, is reappointed for a term expiring December 31, 2017.

Kara M. Morley-Smolek of 8888 Conservation Street, N.E., Ada, Michigan 49301, county of Kent, representing physicians, succeeding David Weingarden, is appointed for a term expiring December 31, 2017.

Sandra Lee Howell of 31 W. Taylor Road, Mount Pleasant, Michigan 48858, county of Isabella, representing physicians, succeeding David Dull, is appointed for a term expiring December 31, 2017.

James H. Sondheimer of 6800 Knollwood Circle West, West Bloomfield, Michigan 48322, county of Oakland, representing physicians, succeeding Oliver Cameron, is appointed for a term expiring December 31, 2017.

Lisa A. Huta of 245 Guenther Ridge, Gaylord, Michigan 49735, county of Otsego, representing the general public, succeeding Theresa Fraley, is appointed for a term expiring December 31, 2017.

Luis E. Avila of 2535 Thorn Creek Street, S.E., Grand Rapids, Michigan 49508, county of Kent, representing the general public, succeeding Leticia San Diego, is appointed for a term expiring December 31, 2017.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

January 29, 2014

Please be advised that I am withdrawing the name of Duncan Beagle for appointment to the Michigan Civil Rights Commission. The original letter of appointment was dated December 23, 2013, and filed with your office December 27, 2013:

Michigan Civil Rights Commission

Duncan Beagle of 13361 Pomona Drive, Fenton, Michigan 48430, county of Genesee, an Independent, succeeding J. Michael Zelley, is appointed for a term expiring December 31, 2017.

January 29, 2014

Due to an error on the letter dated February 23, 2011, and filed with your office on March 6, 2011, please be advised of the following corrections appearing in bold print:

Firefighters Training Council

David J. Purchase of 1035 Brookway Court, Norton Shores, Michigan 49441, county of Muskegon, succeeding Randal Agruda, is appointed for a term expiring December 31, 2014.

Timothy A. James of 458 S. Main, Vermontville, Michigan 49096, county of Eaton, succeeding himself, is reappointed for a term expiring December 31, 2014.

Aileen M. Pettinger of 2604 Warwick Road, Saginaw, Michigan 48602, county of Saginaw, succeeding Kevin V. Pirlot, is appointed for a term expiring December 31, 2014.

Steven D. Richardson of 520 W. Washington Avenue, Alpena, Michigan 49707, county of Alpena, succeeding Clifford A. Messing, is appointed for a term expiring December 31, 2014.

Brian K. Blomstrom of 4627 W. Muskrat Road, Sheridan, Michigan 48884, county of Montcalm, succeeding Michael R. Cousins, is appointed for a term expiring December 31, 2014.

January 29, 2014

Due to an error on the letter dated May 1, 2013, and filed with your office on May 6, 2013, please be advised of the following correction appearing in bold print:

Firefighters Training Council

Chad Tackett of 1597 Woodlea Drive, Otsego, Michigan 49078, county of Allegan, representing the Michigan Association of Fire Chiefs, succeeding Michael G. Deprez, is appointed for a term expiring December 31, 2014.

Sincerely,

Rick Snyder

Governor

The messages were referred to the Committee on Government Operations.

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 Assistant President pro tempore, Senator Hansen, designated Senator Hopgood as Chairperson.

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

House Bill No. 4570, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12.

Senate Bill No. 735, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4z (MCL 205.94z), as added by 2008 PA 555.

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. 4713, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2006 PA 337.

Substitute (S-3).

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

1. Amend page 4, line 15, after “30.409.” by inserting “IF A SCHEDULED DRILL IS NOT CONDUCTED ON THE SCHEDULED DRILL DAY FOR ANY REASON, THE DRILL SHALL BE RESCHEDULED AND THE CHIEF ADMINISTRATOR SHALL NOTIFY THE COUNTY EMERGENCY MANAGEMENT COORDINATOR OF THE RESCHEDULED DATE FOR THE DRILL.”.

2. Amend page 4, following line 25, by inserting:

“(9) A PUBLIC SCHOOL THAT OPERATES ANY OF GRADES KINDERGARTEN TO 12 SHALL NOT CONDUCT A DRILL REQUIRED UNDER THIS SECTION AT A TIME THAT WOULD INTERFERE WITH THE CONDUCT OF A STATE-MANDATED ASSESSMENT.” and renumbering the remaining subsections.

The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

During the Committee of the Whole, Senator Johnson entered the Senate Chamber.

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. 735

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. 273

Senate Bill No. 735

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 273, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16343, 18201, 18211, 18223, 18233, and 18237 (MCL 333.16343, 333.18201, 333.18211, 333.18223, 333.18233, and 333.18237), section 16343 as added by 1993 PA 79, section 18211 as amended by 2006 PA 395, section 18223 as amended by 2010 PA 121, section 18233 as amended by 1994 PA 234, and section 18237 as amended by 1998 PA 496, and by adding section 18239.

The question being on the passage of the bill,

Senator Pappageorge offered the following substitute:

Substitute (S-3).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 9 Yeas—34

Ananich Hansen Marleau Robertson

Anderson Hildenbrand Meekhof Rocca

Bieda Hopgood Moolenaar Schuitmaker

Booher Hune Nofs Smith

Brandenburg Hunter Pappageorge Walker

Casperson Jansen Pavlov Warren

Caswell Johnson Proos Whitmer

Emmons Jones Richardville Young

Green Kahn

Nays—3

Colbeck Gregory Kowall

Excused—1

Hood

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Pappageorge’s statement is as follows:

This substitute creates two titles for a psychological associate. What the substitute does is that it differentiates between two categories of psychological associates; those who have had 6,000 hours of training and those who have not yet achieved it. If you have the 6,000 hours, under this substitute, you can practice independently. If you do not, you cannot. This is the final compromise in what’s been going on for a number of years, and I would urge a “yes” vote.

The following bill was read a third time:

Senate Bill No. 735, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4z (MCL 205.94z), as added by 2008 PA 555.

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. 10 Yeas—35

Ananich Hansen Kowall Robertson

Anderson Hildenbrand Marleau Rocca

Bieda Hopgood Meekhof Schuitmaker

Booher Hune Moolenaar Smith

Brandenburg Hunter Nofs Walker

Casperson Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green Jones Proos Young

Gregory Kahn Richardville

Nays—2

Caswell Colbeck

Excused—1

Hood

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 resolutions be postponed for today:

Senate Resolution No. 34

Senate Resolution No. 108

The motion prevailed.

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

Senate Resolution No. 112.

A resolution to memorialize the Congress of the United States to raise the national minimum wage and set it to annually increase according to the Consumer Price Index.

Whereas, The Congress of the United States should improve the lives of low-income Americans and raise the federal minimum wage rate. Thirteen states are set to increase their state minimum wage this year, increasing the number of states with a minimum wage rate higher than the federal $7.25 rate from 19 to 21. Lawmakers in three states—Connecticut, Rhode Island, and New York—enacted legislation raising their rate while the residents of New Jersey voted to increase their state’s minimum wage rate. The remaining nine automatically increased their rates to account for cost-of-living increases. While these states lead the way, some states, like Michigan, have seen their legislation calling for a higher minimum wage shuttered from consideration; and

Whereas, Increasing the federal minimum wage rate and adjusting it annually according to changes in the Consumer Price Index will reduce the number of Americans living in poverty. At its current rate of $7.25 per hour, the annual income of a full-time employee working for a calendar year at minimum wage is insufficient to surpass the federal poverty guidelines for a household of two. When married with two children, a full-time employee would make nearly $8,500 less than the federal poverty guidelines. In total, 46.5 million people in the United States lived in poverty in 2012, according to the U.S. Census Bureau; and

Whereas, For a $17 trillion economy, the aggregate cost of increasing the minimum wage pales in comparison to the individual benefits received. Under a 2013 congressional proposal to raise the rate from $7.25 to $10.10 over three years, the estimated 30 million workers currently making less than $10.10 per hour could receive up to an additional $5,900 annually for full-time employment. While this increase would not lift all households living off minimum wages out of poverty, the proposed increase provides a reasonable balance between making a measurable difference in the lives of low-wage Americans and the concerns of the business community; and

Whereas, The individual benefits of a higher rate are substantial, but it can also be beneficial to employers as well. Studies have shown that a higher minimum wage can lead to higher employee morale, better performance standards, and enhanced customer service. Increased pay can motivate employees to work harder and boost productivity. According to the Economic Policy Institute, during the three-year phase-in period, raising the minimum wage rate to $10.10 per hour will increase our nation’s gross domestic product by $32.6 billion and net 140,000 new jobs; and

Whereas, Increasing the federal minimum wage is the best available policy tool for increasing the annual income of low-wage Americans. In recent years, Congress has expanded the Earned Income Tax Credit and Child Tax Credit, both refundable tax credits targeting low-income families. At a time when corporate profits are at an all-time high and labor’s share of income continues to steadily decline, refundable tax credits subsidize minimum wage payrolls. Increasing the minimum wage will not only increase the income of minimum wage workers, but also place the burden of compensation directly on the employers who benefit from their work; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to raise the national minimum wage and set it to annually increase according to the Consumer Price Index; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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 Reforms, Restructuring and Reinventing.

The motion prevailed.

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

Senate Resolution No. 113.

A resolution to memorialize the Congress of the United States to restore the Emergency Unemployment Compensation program.

Whereas, The Emergency Unemployment Compensation (EUC) program was a federal program providing additional unemployment benefits to individuals who had exhausted their regular benefits provided under the unemployment insurance system. The EUC program, enacted in 2008 as unemployment skyrocketed, provided at least 14 additional weeks of unemployment benefits in all states, but for states with a persistent high unemployment rate, like Michigan, the EUC program provided up to 47 additional weeks. However, a 2012 law amended this program, allowing it to expire in 2013 and eliminating the gradual phase-out of the program. For the 8.4 percent of Michigan workers currently unemployed—the third-highest unemployment rate in the nation—only the state-sponsored unemployment insurance, cut recently from 26 to 20 weeks of eligibility, remains; and

Whereas, The percentage of Americans unemployed for more than six months remains near historic highs. According to the Bureau of Labor Statistics, 37.7 percent of the unemployed, or 3.9 million Americans, are long-term unemployed. This is almost twelve percentage points higher than the previously recorded highest long-term unemployment rate of 26 percent in 1948. Moreover, these 3.9 million individuals are competing with the short-term unemployed and upcoming college graduates for jobs in an economy with 2 million fewer jobs than in December 2007; and

Whereas, The expiration of the EUC program is causing significant negative consequences for the long-term unemployed and our nation’s efforts at economic recovery. Cutting emergency employment benefits has already affected approximately 1.3 million long-term unemployed Americans, including 44,000 Michigan residents. Moreover, by June 2014, an additional 1.9 million Americans, 86,500 from Michigan, would have qualified for these benefits but will find them unavailable. The Economic Policy Institute estimates that without an extension of the EUC program, the resultant drop in consumer demand would eliminate 310,000 jobs, exacerbating an already difficult job climate; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to restore the Emergency Unemployment Compensation program; and be it further

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 Reforms, Restructuring and Reinventing.

The motion prevailed.

Senator Schuitmaker offered the following resolution:

Senate Resolution No. 114.

A resolution proclaiming February 2014 as American Heart Month and February 7, 2014, as Go Red for Women Day in the state of Michigan.

Whereas, While progress has been significant in reducing deaths from heart disease, it is still the No. 1 killer of both men and women; and

Whereas, Cardiovascular disease causes 1 in 3 women’s deaths each year and kills more women than all forms of cancer combined, but is often undiagnosed; and

Whereas, An estimated 43 million women in the U.S. are affected by cardiovascular diseases. Ninety percent of women have one or more risk factors for developing heart disease, yet only 1 in 5 American women believe that heart disease is her greatest health threat; and

Whereas, Since 1984, more women than men have died each year from heart disease, and the gap between men’s and women’s survival continues to widen, yet women comprise only 24 percent of participants in all heart-related studies; and

Whereas, Women are less likely to call 9-1-1 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack; and

Whereas, The American Heart Association’s Go Red for Women movement has been positively impacting the health of women, and more than 627,000 women’s lives have been saved, with 330 fewer women dying every day; and

Whereas, It is important to ask your doctor to check your blood pressure and cholesterol, stop smoking, lose weight, exercise and eat healthy, make healthy food choices for you and your family, and teach your kids the importance of staying active; and

Whereas, The American Heart Association is celebrating February 2014 as American Heart Month and promoting education and awareness by encouraging citizens to learn the warning signs of heart attack and stroke; now, therefore, be it

Resolved by the Senate, That we hereby proclaim February 2014 as American Heart Month and February 7, 2014, as Go Red for Women Day in the state of Michigan; and be it further

Resolved, That we urge all citizens to recognize the critical importance of efforts to increase survival rates from cardiac arrest and to show support for women and the fight against heart disease by celebrating National Wear Red Day on February 7, 2014, by wearing the color red.

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.

Senator Meekhof moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.

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

Senators Schuitmaker, Warren, Emmons and Whitmer asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Schuitmaker’s statement is as follows:

This resolution recognizes February as American Heart Month and February 6 as Go Red for Women Day, although I appreciate those who have got into the spirit today and certainly wore red. We have some fans of Go Red up in the gallery. As the leading killer and leading disabler of all Michigan residents, fighting cardiovascular disease must be a priority if we hope to control health care costs and save lives in our state. I’m joined with my colleagues, both Republican and Democrat, because this is a very bipartisan issue, and they have some things to say about it.

Senator Warren’s statement is as follows:

More women die of cardiovascular disease than from the next four causes of death combined. But 80 percent of cardiac events in women could be prevented if women made the right choices for their hearts, including eating a healthier diet, getting regular exercise, and abstaining from smoking.

Senator Emmons’ statement is as follows:

Finding time in their overscheduled lives for physical activity or preparing a healthy meal can be a challenge for all busy Americans. But anyone who has successfully managed to change their habits will tell you how much more energy they have and how much better they feel.

Senator Whitmer’s statement is as follows:

Through the tireless efforts of the American Heart Association and the Go Red movement, over 600,000 lives have been saved. If we hope to see even more victories, it is important that we continue those efforts. This resolution is a message to women across Michigan that heart disease is a real danger, but it can be prevented. We ask for your support of this resolution.

Introduction and Referral of Bills

Senators Smith and Kowall introduced

Senate Bill No. 748, entitled

A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending sections 7 and 31 (MCL 257.1907 and 257.1931), section 7 as amended by 2000 PA 487.

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

Senator Schuitmaker introduced

Senate Bill No. 749, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 31 (MCL 780.781), as amended by 2009 PA 28.

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

Senator Schuitmaker introduced

Senate Bill No. 750, entitled

A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 61 (MCL 780.811), as amended by 2009 PA 28.

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

House Bill No. 5131, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 5 (MCL 125.2655), as amended by 2000 PA 145.

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 Economic Development.

House Bill No. 5132, entitled

A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 4 (MCL 125.1604), as amended by 1987 PA 67.

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 Economic Development.

Committee Reports

The Committee on Judiciary reported

House Bill No. 4907, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 78 and 79 (MCL 750.78 and 750.79), as amended by 2012 PA 533.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

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

The Committee on Judiciary reported

House Bill No. 4908, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16c of chapter XVII (MCL 777.16c), as amended by 2013 PA 124; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

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

The Committee on Health Policy reported

Senate Bill No. 446, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22210 (MCL 333.22210), as amended by 2011 PA 51.

With the recommendation that the bill pass.

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

James A. Marleau

Chairperson

To Report Out:

Yeas: Senators Marleau, Robertson, Jones, Warren and Ananich

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

Senate Bill No. 617, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 52A.

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.

James A. Marleau

Chairperson

To Report Out:

Yeas: Senators Marleau, Robertson, Jones, Warren and Ananich

Nays: None

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

The Committee on Health Policy reported

House Bill No. 4941, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16181 (MCL 333.16181), as amended by 2006 PA 643.

With the recommendation that the bill pass.

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

James A. Marleau

Chairperson

To Report Out:

Yeas: Senators Marleau, Robertson, Jones, Warren and Ananich

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, January 29, 2014, at 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Marleau (C), Robertson, Jones, Warren and Ananich

Excused: Senators Emmons, Hune, Schuitmaker and Johnson

The Committee on Finance reported

Senate Bill No. 402, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

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

Nays: Senators Bieda and Warren

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

Senate Bill No. 735, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4z (MCL 205.94z), as added by 2008 PA 555.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4291, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 21 (MCL 205.21), as amended by 2006 PA 11.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4810, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2013 PA 140.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 5074, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 87b (MCL 211.87b), as amended by 2002 PA 198.

With the recommendation that the bill pass.

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

Jack M. Brandenburg

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Wednesday, January 29, 2014, at 12:30 p.m., Room 210, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Wednesday, January 29, 2014, at 1:30 p.m., Room 110, Farnum Building

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

Excused: Senator Emmons

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, January 29, 2014, at 4:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Booher (C), Schuitmaker, Jansen and Moolenaar

Excused: Senators Hood and Anderson

Absent: Senator Green

Scheduled Meetings

Appropriations and House Appropriations Committee - Wednesday, February 5, 11:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-1760)

Subcommittees -

Agriculture and Rural Development - Tuesdays, February 11, February 18, February 25, March 11, March 18 and March 25, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Community Colleges - Wednesday, February 19, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Health Department - Thursday, February 13, 1:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Higher Education - Thursday, February 6, 10:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building; Thursday, February 13, 1:00 p.m., Michigan State University, Union Building, Lake Huron Room, 49 Abbott Road, East Lansing; Thursday, February 20, 9:00 a.m., Rooms 402 and 403, Capitol Building; and Thursday, February 27, 1:30 p.m., Grand Valley State University, DeVos Center, Loosemore Auditorium, 401 Fulton Street West, Grand Rapids (373-2768)

Human Services Department - Tuesday, February 4, 2:00 p.m., Room 405, Capitol Building; Wednesday, February 12, 8:00 a.m., Room 210, Farnum Building; Tuesdays, February 18 and February 25, 2:00 p.m., Room 405, Capitol Building (373-2768)

K-12, School Aid, Education - Thursday, February 6, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

K-12, School Aid, Education, Education Committee, House Education Committee, House Education Appropriations Subcommittee and House School Aid Appropriations Subcommittee - Wednesday, February 5, 2:30 p.m. or later after committees are given leave by the House to meet, Senate Hearing Room, Ground Floor, Boji Tower (373-5314)

State Police and Military Affairs - Thursdays, February 20, 3:00 p.m., Rooms 402 and 403; February 27, 3:00 p.m., Room 405; and March 6, March 13, March 27 and April 17, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Education, K-12, School Aid, Education Appropriations Subcommittee, House Education Committee, House Education Appropriations Subcommittee and House School Aid Appropriations Subcommittee - Wednesday, February 5, 2:30 p.m. or later after committees are given leave by the House to meet, Senate Hearing Room, Ground Floor, Boji Tower (373-5314)

Finance - Wednesday, February 5, 12:30 p.m., Room 210, Farnum Building (373-5307)

Health Policy and House Health Policy Committee - Tuesday, February 4, 2:30 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-5312)

Judiciary - Tuesday, February 4, 2:30 p.m., Room 110, Farnum Building (373-5312)

Michigan Law Revision Commission - Thursday, February 13, 12:00 noon, Rooms 402 and 403, Capitol Building (373-0212)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 10:42 a.m.

The Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Tuesday, February 4, 2014, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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