No. 15
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2013
Senate Chamber, Lansing, Wednesday, February 20, 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.
Anderson—present Hopgood—present Pappageorge—present
Bieda—present Hune—present Pavlov—present
Booher—present Hunter—excused Proos—present
Brandenburg—present Jansen—present Richardville—present
Casperson—present Johnson—present Robertson—present
Caswell—present Jones—present Rocca—present
Colbeck—present Kahn—present Schuitmaker—present
Emmons—present Kowall—present Smith—present
Green—present Marleau—present Walker—present
Gregory—present Meekhof—present Warren—present
Hansen—present Moolenaar—present Whitmer—present
Hildenbrand—present Nofs—present Young—present
Hood—present
Pastor Jon Huizenga of River Rock Church of Rockford offered the following invocation:
Lord, I thank You for these women and men who are representing their districts as Senators in the state of Michigan. We are thinking at this moment of their personal needs, and some of those are relational, spouses or children, parents or significant others, or friends or work relationships. Some of those concerns are emotional—grief, fear, anger, joy; some of those are spiritual, questions about where You are or who You are. Some of those are physical—maybe a need for healing themselves or in somebody.
We ask that You would come in Your love and in Your provision and meet those needs in order to set them free today because they know You have cared for their needs. In order to do the more noble thing, we ask that You put in their hearts that which is to make Your world a better place. We acknowledge that You are the Lord of every sphere: politics, economy, agriculture, education, law enforcement, the judiciary. You are the Lord of the weakest citizens in our country: the poor, the vulnerable, the elderly. You are the Lord of the strongest citizens, and You are the source of prosperity.
We ask that You would help these Senators and their staffs today to do their work with hearts to love You with all their heart, soul, strength, and mind and with hearts to love their neighbors as themselves. In Jesus’ name we pray. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Richardville and Kahn entered the Senate Chamber.
Senator Hopgood moved that Senators Johnson, Smith and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hopgood moved that Senator Hunter be excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senator Brandenburg be temporarily excused from today’s session.
The motion prevailed.
Senators Johnson, Smith, Young and Brandenburg entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Pappageorge as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 135, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520d and 520e (MCL 750.520d and 750.520e), as amended by 2012 PA 372.
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
The President, Lieutenant Governor Calley, resumed the Chair.
The following bill was read a third time:
Senate Bill No. 19, entitled
A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 33 (MCL 445.1683), as amended by 2009 PA 76.
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. 26 Yeas—36
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Nays—0
Excused—1
Hunter
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 97, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2011 PA 159.
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. 27 Yeas—35
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory Kahn Richardville
Nays—1
Caswell
Excused—1
Hunter
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Protest
Senator Caswell, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 97 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”
The motion prevailed.
Senator Caswell’s statement is as follows:
I think that folks should probably receive one chance at not having the car seat. There might be financial situations. It could be through ignorance if they don’t have it. They should be given the opportunity to correct it, and then, after that, go ahead and do what the sponsor of the bill has indicated. I do think we’re all entitled to one mistake.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Proos, Jansen, Booher, Nofs, Brandenburg, Hansen, Green, Pappageorge and Casperson introduced
Senate Bill No. 207, entitled
A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” by amending section 17 (MCL 474.67), as amended by 1998 PA 235.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Senators Caswell, Colbeck, Nofs, Marleau, Booher, Jansen, Hansen, Robertson and Jones introduced
Senate Bill No. 208, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 20 (MCL 421.20), as amended by 2011 PA 269.
The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.
Senators Green, Jones, Robertson, Caswell, Rocca, Proos, Hansen, Colbeck, Jansen, Meekhof, Brandenburg and Gregory introduced
Senate Bill No. 209, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Green, Caswell, Jones, Robertson, Rocca, Proos, Hansen, Colbeck, Jansen, Meekhof, Brandenburg and Gregory introduced
Senate Bill No. 210, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Rocca, Hood, Jones, Nofs, Hopgood, Anderson and Bieda introduced
Senate Bill No. 211, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 1980 PA 457.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Green introduced
Senate Bill No. 212, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senator Green introduced
Senate Bill No. 213, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5m, 5o, and 8 (MCL 28.421, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425m, 28.425o, and 28.428), section 1 as amended by 2012 PA 243, section 4 as added by 1992 PA 219, sections 5, 5a, 5e, and 5m as added by 2000 PA 381, sections 5b and 8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA 719, sections 5f, 5k, and 5o as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, and section 5l as amended by 2012 PA 32, and by adding section 5x; 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 Natural Resources, Environment and Great Lakes.
Senators Casperson, Colbeck and Robertson introduced
Senate Bill No. 214, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1902 and 1903 (MCL 324.1902 and 324.1903), section 1902 as amended by 2012 PA 619 and section 1903 as amended by 2011 PA 117; 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 Natural Resources, Environment and Great Lakes.
Statements
Senator Kahn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Kahn’s statement is as follows:
Mr. President, nationally, we are coming close to our decision date on a plan for securing America’s future; what we are going to do about the sequestration; what we are going to do about our debt; what we are going to do about our deficit. The failure to reach agreement on a long-term plan to put the country on a fiscally-sustainable path during the negotiations that occurred, up to January 1 or so, was a tremendous missed opportunity. It was actually an indictment of the fiscal brinksmanship currently in Washington. Despite public demand that our leaders get serious about the fiscal health of our country, the prospect for a grand bargain, at least today, seems dismal, with Republicans and Democrats once again resigned to another year of partisan fighting and trench warfare.
In short order, in the coming weeks, we’re going to see a number of partisan proposals that reflect the ideal solution from each party’s perspective. This approach may make good politics, but it will do nothing to move the ball forward to reach a real and comprehensive solution to our long-term national and structural problems; problems that we as colleagues addressed here in Michigan in the last two years. We cannot afford another year of fiscal brinksmanship with no reasonable solution being offered by either side. There’s no way around it; Democrats or Republicans are going to have to—they need to—come together to find common ground if there is to be any hope of bringing our country back on a fiscally-sustainable path.
Erskine Bowles, a Democrat, and Al Simpson, a Republican, have put forth a set of principles and a framework for deficit reduction that builds on the work and the negotiations that have occurred over the past two years, in order to put the ideas of comprehensive solutions back into the discussion. The framework that they have constructed demonstrates that it is possible to reach an agreement on a plan if both sides are willing to go beyond their comfort zones and come to a principled compromise. This plan begins where the President and the Speaker left off January 1. It doesn’t move to the right or to the left. It moves the discussion forward, building on all the hard work and negotiations that have occurred over the last two years, and it puts forth the idea of a comprehensive solution to be discussed.
What are the specifics? No. 1, make major reductions to federal health spending, including provider and beneficiary changes. No. 2, we need to raise revenue in excess of what was agreed to in the fiscal cliff deal, and offer both sides an opportunity to come to an agreement on how best to reform the tax code. No. 3, you need to cut mandatory spending on everything from farm subsidies to federal retirement. No. 4, we need to use a chained CPI measure of inflation to more accurately make changes in governments. No. 5, we need to make additional defense and nondefense spending cuts beyond what is already required.
Based on the significant proposals that were made during negotiations last year, it is clear that it is possible to reach agreement on a plan if both sides are willing, and it can be a principled discussion. There’s no one solution to this problem, and the plan and ideas that I have outlined are by no means perfect, but it is a place that we can begin discussion. I urge our national leaders to have the political courage to come together to find common ground for the good of their country, and, of course, it is reflected back here in Michigan in our budgetary negotiations soon to come.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Natural Resources submitted the following:
Meeting held on Tuesday, February 19, 2013, at 12:00 noon, Room 110, Farnum Building
Present: Senators Green (C), Walker, Booher and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Environmental Quality submitted the following:
Meeting held on Tuesday, February 19, 2013, at 12:30 p.m., Room 110, Farnum Building
Present: Senators Green (C), Walker, Booher and Hopgood
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Tuesday, February 19, 2013, at 12:30 p.m., Room 100, Farnum Building
Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Hansen, Hood and Warren
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Human Services submitted the following:
Meeting held on Tuesday, February 19, 2013, at 2:00 p.m., Room 405, Capitol Building
Present: Senators Caswell (C), Jansen, Proos and Gregory
COMMITTEE ATTENDANCE REPORT
The Subcommittee on General Government submitted the following:
Meeting held on Tuesday, February 19, 2013, at 2:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Pappageorge (C), Jansen, Colbeck and Johnson
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Agriculture and Rural Development submitted the following:
Meeting held on Tuesday, February 19, 2013, at 3:00 p.m., Room 100, Farnum Building
Present: Senators Green (C) and Hopgood
Excused: Senator Moolenaar
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Corrections submitted the following:
Joint meeting held on Tuesday, February 19, 2013, at 3:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Proos (C), Walker and Anderson
COMMITTEE ATTENDANCE REPORT
The Committee on Infrastructure Modernization submitted the following:
Joint meeting held on Tuesday, February 19, 2013, at 3:33 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Kahn (C), Pappageorge, Booher, Jansen, Hood and Warren
Excused: Senator Brandenburg
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural Development - Tuesdays, February 26 (CANCELED) and March 5, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Community Colleges and House Community Colleges Appropriations Subcommittee - Thursday, February 28, 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building; and Friday, March 8, 1:00 p.m., Schoolcraft Community College, VisTaTech Center, Sutherland Room, 18600 Haggerty Road, Livonia (373-2768)
Community Health Department - Thursday, February 21, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; and Thursday, February 28, 1:30 p.m., Rooms 402 and 403, Capitol Building (373-2768)
Corrections Department and House Corrections Appropriations Subcommittee - Tuesday, February 26, 3:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768)
General Government - Tuesdays, February 26, March 5, March 12, March 19, and April 9, 2:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Tuesday, February 26, 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
State Police and Military Affairs - Thursdays, February 21, February 28, and March 7, 3:00 p.m., Room 405, Capitol Building (373-2768)
Transportation - Thursday, February 21, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Economic Development - Thursday, February 21, 1:30 p.m., Room 100, Farnum Building (373-5323)
Infrastructure Modernization and House Transportation and Infrastructure - Thursday, February 21, 2:00 p.m., Room 519, South Tower, House Office Building (373-1760)
Legislative Council - Thursday, February 21, 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Michigan Law Revision Commission - Thursday, February 21, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Natural Resources, Environment and Great Lakes - Thursday, February 21, 8:30 a.m., Room 210, Farnum Building (373-5323)
Outdoor Recreation and Tourism - Thursday, February 21, 12:30 p.m., Room 110, Farnum Building (373-5323)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 10:28 a.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, February 21, 2013, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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