No. 16

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Thursday, February 21, 2013.

10:00 a.m.

The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.

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

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

Senator Bertram C. Johnson of the 2nd District offered the following invocation:

Please join me in reciting the Lord’s Prayer:

“Our Father who art in heaven, Hallowed be thy name.

Thy kingdom come. Thy will be done in earth, as it is in heaven.

Give us this day our daily bread.

And forgive us our trespasses, as we forgive those who trespass against us.

And lead us not into temptation, but deliver us from evil: For thine is the kingdom, and the power, and the glory, for ever. Amen.”

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Hopgood moved that Senators Hood, Warren 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 Senators Casperson, Kowall and Green 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 Hune admittance to the Senate floor.

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

Senators Warren, Young, Kowall, Green, Casperson and Hood entered the Senate Chamber.

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

The motion prevailed.

Senator Hune’s statement is as follows:

I rise today with a heavy heart. I have to my right Jennifer, who is the mother of Private First Class Shane Cantu. I’m privileged to speak to honor Private First Class Shane Cantu and remember the sacrifices he made for our country. Private First Class Shane Cantu offered the ultimate sacrifice on August 28, 2012, when he was killed by an explosion in his compound while serving in Afghanistan. He was in the 173rd Airborne Brigade Combat Team in the United States Army.

With me also I have State Representative Ben Glardon, and we’re here to honor this hero; to remember his achievements, his courage, his dedication; and to say thank you. Private First Class Cantu possessed courage, pride, determination, selflessness, dedication to duty, and integrity—all qualities needed to serve a cause larger than oneself.

We have awarded medals to many soldiers and entered their names to monuments and named buildings after them to honor their bravery, but nothing—I repeat, nothing—can ever replace the hole left behind by a fallen servicemember. No number of medals, no number of ribbons can comfort the ones left behind. All we can do is say thank you.

Their presence, the family of Private First Class Cantu, is for us to say thank you. It’s a way to say we remember, and thank you for your service to protect our freedoms. Joining us today we have his mother Jennifer; his father Michael; sisters Shiann, Jordyn, and Brieann; and his grandparents Keith and Linda Clarke. We also have Shane’s girlfriend Siara and her parents Mark and Debbie Agnew.

With that, we say welcome and thank you. Again, we have a Special Tribute, signed by myself, State Representative Ben Glardon, and the Governor of the great state of Michigan, to present to Jennifer to say thank you.

A moment of silence was observed in memory of Army Private First Class Shane Cantu.

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, February 20:

House Bill No. 4125

The Secretary announced that the following bills were printed and filed on Wednesday, February 20, and are available at the Michigan Legislature website:

Senate Bill Nos. 205 206 207 208 209 210 211 212 213 214

House Bill Nos. 4266 4267 4268 4269 4270 4271 4272 4273 4274 4275 4276 4277 4278 4279

4280 4281 4282 4283 4284 4285 4286 4287

Messages from the Governor

The following message from the Governor was received on February 20, 2013, and read:

EXECUTIVE ORDER

No. 2013-6

Creation of

Mental Health and Wellness Commission

Department of Community Health

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, the state of Michigan needs an effective and comprehensive system of support services that is designed to improve the quality of life, safety, and independence of people living with mental health conditions; and

WHEREAS, it is critical that the system of support services be as strong and as effective as possible; and

WHEREAS, it is necessary to continually examine, analyze, and provide recommendations and actions that improve the mental health of all Michigan citizens; and

WHEREAS, there is a need for greater coordination between and across state departments, as well as local systems and agencies to address gaps in the delivery of mental health services throughout the state of Michigan; and

WHEREAS, there is a need to assess various state and local agencies to better identify and address those gaps in the delivery of mental health services throughout the state of Michigan; and

WHEREAS, there have been previous studies, reports, and recommendations concerning the delivery of mental health services and there is a need to review those past efforts to determine what has been accomplished and which recommendations remain advisable; and

WHEREAS, the Mental Health and Wellness Commission will advise and assist in strengthening and improving the system of support and the delivery of services, and will ensure that key policy plans and recommendations to improve the quality of life, safety, and independence of Michigan’s citizens living with mental health conditions will become reality;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. CREATION OF THE MENTAL HEALTH AND WELLNESS COMMISSION

A. The Mental Health and Wellness Commission (“Commission”) is created as an advisory body within the Michigan Department of Community Health (“Department”).

B. The Commission shall be composed of the following 6 members:

• The Lieutenant Governor, or his designee from within the Lieutenant Governor’s Office;

• The Director of the Michigan Department of Community Health (“Director”), or his designee from within the Michigan Department of Community Health;

• One member representing the Senate Majority caucus, appointed by the Senate Majority Leader;

• One member representing the Senate minority caucus, appointed by the Senate Majority Leader;

• One member representing the House majority caucus, appointed by the Speaker of the House; and

• One member representing the House minority caucus, appointed by the Speaker of the House.

II. CHARGE TO THE COMMISSION

A. The Commission shall act in an advisory capacity and shall do all of the following:

1. Make findings and recommend ways to address any gaps in the delivery of mental health services, and propose new service models to strengthen the entire delivery spectrum of mental health services throughout the state of Michigan, including but not limited to ways to improve interagency and cross-agency efforts and communication.

2. Take testimony from experts and interested parties, and establish workgroups and/or subcommittees to research and develop recommendations in certain subject areas, as determined by the Commission.

3. Evaluate Departmental recommendations for fiscal year 2014 that address issues related to public safety.

4. Once findings are made, and the Commission’s recommendations are finalized, propose any legislation needed to implement the recommendations.

5. Areas of focus for the Commission to research and recommend policy to accomplish the goals set forth in Section II. A. 1. shall include, but not be limited to:

• Youth;

• Veterans;

• Education;

• Public Safety;

• Long-Term Care;

• Employment and Independence;

• Mental and Physical Health Integration;

• Societal impacts;

• Services and delivery; and

• Other areas as proposed by the Chair of the Commission and the Director of the Department.

6. Provide other information or advice as directed by the Governor or the Director of the Department.

7. Coordinate with the Mental Health Diversion Council created by Executive Order 2013-7.

8. Issue a Final Report of its findings and recommendations by December 20, 2013.

B. As directed by the Director of the Department, Department staff shall assist the Commission with research and the development of plans, policies and recommendations. As directed by the Director, Department staff shall work with and coordinate with other departments, as well as local and state systems, to ensure efficient collection of information and implementation of approved recommendations from the Commission and adopted by the Administration.

C. The Commission shall cease to exist on or before June 1, 2014.

III. OPERATIONS OF THE COMMISSION

A. The Commission shall be staffed and assisted by personnel from the Lieutenant Governor’s office and the Department, as directed by the Lieutenant Governor and Director of the Department, respectively. Any budgeting, procurement, and related management functions of the Commission shall be performed under the direction and supervision of the Director of the Department.

B. The Lieutenant Governor shall serve as the Chairperson of the Commission.

C. The Director of the Department shall serve as the Vice-Chairperson of the Commission.

D. The Commission shall select from among its members a Secretary. Department staff shall assist the Secretary with recordkeeping responsibilities.

E. A majority of the members of the Commission serving constitutes a quorum for the transaction of the Commission’s business. The Commission shall act by a majority vote of its serving members.

F. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations, and may establish committees or advisory panels with stakeholders including, but not limited to, foundations, non-profits, private providers, and recipients of services, and request public participation on advisory panels as the Commission deems necessary. The Commission also may adopt, reject, or modify any recommendations proposed by committees or advisory panels.

G. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission.

H. In developing recommendations, the Commission may, as appropriate, make inquiries, conduct studies or investigations, hold hearings, and receive comments from the public, non-profits, foundations, and private providers. The Commission also may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

I. Members of the Commission, who serve in the Legislature may, among other things, provide perspective on the effectiveness of current services, participate in establishing and evaluating proposals for improvement, and recommend legislation to accomplish the goals the Commission approves and the Administration adopts.

J. Members of the Commission shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Michigan Department of Technology, Management and Budget, subject to available funding.

K. The Commission may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance of its duties as the Lieutenant Governor deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Michigan Civil Service Commission and the Michigan Department of Management and Budget.

L. The Commission may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.

IV. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission, or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties.

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 20th day of February, in the Year of our Lord Two Thousand Thirteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following message from the Governor was received on February 20, 2013, and read:

EXECUTIVE ORDER

No. 2013-7

Creation of

Mental Health Diversion Council

Michigan Department of Community Health

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, the state of Michigan recognizes the goal of reducing the number of people with mental illness or intellectual or developmental disabilities (including comorbid substance addiction) from entering the corrections system, while maintaining public safety; and

WHEREAS, it is important that the state of Michigan improve behavioral health screening, assessment, and treatment of individuals involved in the criminal justice system to improve identification, reduce risk, and provide adequate care for complex behavioral health conditions; and

WHEREAS, effective coordination of state and local resources is needed to provide necessary improvements throughout the system, including stakeholders in law enforcement, behavioral health services, and other human service agencies; and

WHEREAS, establishment of the Mental Health Diversion Council within the Michigan Department of Community Health will advise and assist in the implementation of a diversion action plan, and provide recommendations for statutory, contractual, or procedural changes to improve diversion;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. CREATION OF THE MENTAL HEALTH DIVERSION COUNCIL

A. The Mental Health Diversion Council (“Council”) is created as an advisory body to the Governor within the Michigan Department of Community Health (“Department”).

B. The Council shall be composed of fourteen (14) members appointed by the Governor. Of the members initially appointed, four (4) members shall be appointed for terms expiring on January 30, 2015; five (5) members shall be appointed for terms expiring on January 30, 2016; and five (5) members shall be appointed for terms expiring on January 30, 2017. After the initial appointments, members of the council shall serve a term of four (4) years.

C. The Council consists of the following members:

• The Lieutenant Governor, or his designee from within the Lieutenant Governor’s office;

• The director of the Department of Community Health, or his designee from within the Department of Community Health;

• The director of the Department of Corrections, or his designee from within the Department of Corrections;

• An individual representing the State Court Administrative Office;

• An individual representing a Medicaid pre-paid inpatient health plan (PIHP);

• An individual representing adult service agencies and/or providers from a local community mental health service program (CMHSP);

• An individual representing the judiciary;

• An individual representing prosecutors;

• An individual representing community prisoner or jail re-entry;

• An individual representing court administrators;

• An individual representing county sheriffs;

• An individual representing local law enforcement;

• A licensed attorney with experience representing individuals with mental illness; and

• An individual representing advocates or consumer representatives.

D. A vacancy on the council occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term.

II. CHARGE TO THE COUNCIL

A. The council shall act in an advisory capacity and shall do all of the following:

1. Adopt and implement a diversion action plan to improve efforts to divert individuals with mental illness, intellectual, and developmental disabilities (including comorbid substance abuse disorders) from criminal justice involvement to appropriate treatment.

2. Make recommendations for statutory, regulatory, and contractual requirements applicable to criminal justice and behavioral health services. These recommendations are to include the use of screening and assessment tools to improve identification of those in need of treatment.

3. Identify areas of best practice in Michigan to expand the use of effective pre-booking and post-booking options for those with mental illness or intellectual and developmental disabilities.

4. Recommend a performance monitoring process to include baseline and post-implementation data for relevance of mental illness, outcomes, and return on investment.

5. Recommend a model for improving overall community response for individuals with mental illness, intellectual disabilities, or developmental disabilities who engage in illegal or disruptive behavior.

6. Coordinate with the Mental Health Prevention, Recovery, and Wellness Commission created by Executive Order 2013-6.

B. As directed by the Director of the Department, Department staff shall assist the council with establishment of policies and procedures regarding the use of grants and other funds.

C. The council shall provide other information or advice as requested by the Governor or the Department.

III. OPERATIONS OF THE COUNCIL

A. The council shall be staffed and assisted by personnel from the Department as directed by the Director of the Department. Any budgeting, procurement, and related management functions of the council shall be performed under the direction and supervision of the Director of the Department.

B. The Governor shall designate the Chairperson of the council.

C. The council may select from among its members a Vice-Chairperson.

D. The council shall select from among its members a Secretary. Council staff shall assist the Secretary with recordkeeping responsibilities.

E. The council may create committees and advisory panels to assist the council in policy-making recommendations.

F. A majority of the members of the council serving constitutes a quorum for the transaction of the council’s business. The council shall act by a majority vote of its serving members.

G. The council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations, and may establish committees and request public participation on advisory panels as the council deems necessary. The Council may adopt, reject, or modify any recommendations proposed by committees or advisory panels.

H. The council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the council.

I. In developing recommendations, the council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The council may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education.

J. Members of the council shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.

K. The council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the council and the performance of its duties as the Director of the Department deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget.

L. The council may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures.

M. Members of the council shall refer all legal, legislative, and media contacts to the Department.

IV. MISCELLANEOUS

A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the council, or to any member or representative of the council, any necessary assistance required by the council, or any member or representative of the council, in the performance of the duties of the council so far as is compatible with its, his, or her duties.

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 20th day of February, in the Year of our Lord Two Thousand Thirteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

February 20, 2013

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

Chair - Mental Health Diversion Council

Brian Calley of 10198 Butler Road, Portland, Michigan 48875, county of Ionia, is appointed for a term expiring at the pleasure of the Governor.

Mental Health Diversion Council

Brian Calley of 10198 Butler Road, Portland, Michigan 48875, county of Ionia, the Lieutenant Governor, is appointed for a term expiring January 30, 2015.

Lynda M. Zeller of 2314 East Libbie Street, Lansing, Michigan 48917, county of Eaton, the designee of the Department of Community Health, is appointed for a term expiring January 30, 2015.

Joanne R. Sheldon of 4430 N. Lake Road, Clarklake, Michigan 49234, county of Jackson, the designee of the Department of Corrections, is appointed for a term expiring January 30, 2015.

Jessica M. Parks of 4784 Pine Hill Drive, Potterville, Michigan 48876, county of Eaton, representing the State Court Administrative Office, is appointed for a term expiring January 30, 2016.

Lori A. Ryland of 23517 Uldriks Drive, Battle Creek, Michigan 49017, county of Calhoun, representing a Medicaid pre-paid inpatient health plan (PIHD), is appointed for a term expiring January 30, 2016.

Risa Coleman of 27205 East Sky Drive, Farmington Hills, Michigan 48334, county of Oakland, representing adult service agencies and/or providers from a local community mental health service program (CMHSP), is appointed for a term expiring January 30, 2016.

Curtis J. Bell of 3711 North 2nd Street, Kalamazoo, Michigan 49009, county of Kalamazoo, representing the judiciary, is appointed for a term expiring January 30, 2016.

Ronald J. Schafer of 404 Blossom Drive, Portland, Michigan 48875, county of Ionia, representing prosecutors, is appointed for a term expiring January 30, 2017.

Elizabeth J. Hardwick of 200 Pine Hill Lake Road, Horton, Michigan 48246, county of Jackson, representing community prisoner or jail reentry, is appointed for a term expiring January 30, 2016.

George M. Strander of 1004 S. Locust Lane, Albion, Michigan 49224, county of Calhoun, representing court administrators, is appointed for a term expiring January 30, 2017.

Anthony M. Wickersham of 46292 Lookout Drive, Macomb, Michigan 48044, county of Macomb, representing county sheriffs, is appointed for a term expiring January 30, 2015.

Timothy S. Bourgeois of 518 Houston Road, Parchment, Michigan 49004, county of Kalamazoo, representing local law enforcement, is appointed for a term expiring January 30, 2017.

Christopher K. Cooke of 15393 Old Bluff Trail, Traverse City, Michigan 49686, county of Grand Traverse, representing licensed attorneys with experience in representing individuals with mental illness, is appointed for a term expiring January 30, 2017.

Irva Faber-Bermudez of 832 Edgewood Drive, Royal Oak, Michigan 48267, county of Oakland, representing advocates or consumer representatives, is appointed for a term expiring January 30, 2017.

February 20, 2013

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

Mental Health and Wellness Commission

Brian Calley of 10198 Butler Road, Portland, Michigan 48875, county of Ionia, the Lieutenant Governor, is appointed for a term expiring June 1, 2014.

James Haveman of 12471 Jansma Drive, Grand Haven, Michigan 49417, county of Ottawa, Director of the Michigan Department of Community Health, is appointed for a term expiring June 1, 2014.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

The following bill was read a third time:

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.

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. 28 Yeas—32

Anderson Green Kahn Proos

Bieda Hansen Kowall Richardville

Booher Hildenbrand Marleau Robertson

Brandenburg Hood Meekhof Rocca

Casperson Hopgood Moolenaar Schuitmaker

Caswell Hune Nofs Smith

Colbeck Jansen Pappageorge Walker

Emmons Jones Pavlov Whitmer

Nays—4

Gregory Johnson Warren Young

Excused—1

Hunter

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

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 19

The resolution consent calendar was adopted.

Senator Hildenbrand offered the following resolution:

Senate Resolution No. 19.

A resolution to declare February 21, 2013, as Conductive Education Day in the state of Michigan.

Whereas, Conductive education (CE) was developed over sixty years ago in Hungary by Dr. András Petö; and

Whereas, CE is a unique teaching system that maximizes the independence and mobility of children and adults with neuromotor disabilities, such as stroke survivors and those with cerebral palsy, multiple sclerosis, acquired brain injuries, Parkinson’s disease, and spina bifida; and

Whereas, CE operates from a core belief in neuroplasticity, the lifelong ability of the brain to reorganize neural pathways based on new experiences, and on the premise that no matter how severe the disability, people can learn and improve when they are motivated; and

Whereas, CE has the potential to make a significant, life-changing impact on the mobility and independence of close to 9 million people in the United States and Canada; and

Whereas, CE helps individuals learn their way to independence; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize February 21, 2013, as Conductive Education Day in the state of Michigan. We encourage support for this important program that increases the independence of people with disabilities in our community; and be it further

Resolved, That a copy of this resolution be transmitted to the Association for Conductive Education in North America with our highest esteem.

Senators Booher, Brandenburg, Hopgood, Kowall, Marleau and Proos were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senators Brandenburg, Hansen, Casperson, Booher, Green, Walker, Robertson, Jones, Proos and Smith introduced

Senate Bill No. 215, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending sections 2d, 3, and 7 (MCL 21.142d, 21.143, and 21.147), section 2d as added and sections 3 and 7 as amended by 2000 PA 280.

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

Senators Walker, Casperson, Colbeck and Booher introduced

Senate Bill No. 216, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 105, 107, 109, 111, 113, 201, 203, 205, 305, 403, 409, 411, 413, 501, 513a, 517, 517a, 521a, 525, 526, 529, 531, 537, 541, 543, 547, 603, 701, 707, 901, 1013, 1021, and 1027 (MCL 436.1105, 436.1107, 436.1109, 436.1111, 436.1113, 436.1201, 436.1203, 436.1205, 436.1305, 436.1403, 436.1409, 436.1411, 436.1413, 436.1501, 436.1513a, 436.1517, 436.1517a, 436.1521a, 436.1525, 436.1526, 436.1529, 436.1531, 436.1537, 436.1541, 436.1543, 436.1547, 436.1603, 436.1701, 436.1707, 436.1901, 436.2013, 436.2021, and 436.2027), section 105 as amended by 2005 PA 320, section 107 as amended by 2001 PA 223, sections 109, 111, 113, 205, and 543 as amended by 2010 PA 213, section 203 as amended by 2008 PA 474, section 409 as amended by 2000 PA 395, sections 411, 537, and 603 as amended by 2011 PA 298, section 413 as added by 2008 PA 259, section 501 as amended by 2012 PA 82, section 513a as added by 2011 PA 249, section 517 as amended by 2004 PA 169, section 517a as added by 2004 PA 170, section 521a as amended by 2010 PA 369, section 525 as amended by 2010 PA 279, section 526 as added by 2008 PA 258, section 531 as amended by 2012 PA 212, section 541 as amended by 2008 PA 489, section 547 as added by 2011 PA 20, section 701 as amended by 2010 PA 266, section 707 as amended by 2008 PA 11, section 901 as amended by 2010 PA 175, section 1021 as amended by 2005 PA 21, and section 1027 as amended by 2011 PA 219, and by adding section 415; 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 Regulatory Reform.

House Bill No. 4125, entitled

A bill to amend 1969 PA 162, entitled “An act to establish a state-supported school of osteopathic medicine; to establish and fix the membership of an advisory board for the school; and to provide for its assignment to an established 4-year state institution of higher education,” by repealing sections 2, 3, and 4 (MCL 390.662, 390.663, and 390.664).

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 Health Policy.

Statements

Senators Hildenbrand and Johnson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hildenbrand’s statement is as follows:

Today the Senate adopted Senate Resolution No. 19 which makes today Conductive Education Day in Michigan. Conductive education was developed over 60 years ago in Hungary by Dr. András Petö. Dr. Petö tried to create a system of education that maximized the independence and mobility of children and adults with disabilities.

Stroke survivors and those with cerebral palsy, multiple sclerosis, acquired brain injuries, Parkinson’s disease, and others have really benefited from this unique treatment. One of the most encouraging aspects of conductive education is that it functions on the premise that no matter how severe the disability, people can learn and improve when they are active. In short, conductive education helps individuals learn their way to independence.

The Grand Rapids area is fortunate to have one of the leading centers for conductive education in the nation, and it also associates with some of the most dedicated advocates for this area of education. I am honored to recognize them today with this resolution.

Senator Johnson’s statement is as follows:

I rise today to speak on behalf of the seniors and families who are suffering because of the actions of the Governor and members of this chamber. I’m sure you have all seen the story this past weekend regarding the adverse effects of the numerous tax increases that were introduced and supported by Republican legislators. Hundreds of thousands of households, nearly half of all Michigan families, are paying higher taxes signed by Governor Snyder, while at the same time, their services are being cut—cut to the bone.

Last session, I introduced legislation to undo most of the regressive tax hikes you enacted on Michigan families, but you failed to act. Now that these taxes are in place, and you can see how damaging they are to families, will the Republicans in this chamber act on my legislation to reduce taxes this session?

For years, I’ve heard Republicans say that the best way to stimulate the economy is to cut taxes; to put more money in the pockets of the people so they can spend it. Instead, you cut taxes on corporations who still aren’t hiring. Our unemployment rate is still higher than that of the national average. On the other hand, you raised taxes on individuals, particularly those who could least afford another dip into their pocketbooks. So it’s official: The Republican Party has become the big tax party.

Our citizens have less money in their pockets, and the economic recovery we were starting to see has stalled under this administration. Let’s restore the earned income tax credit, which was championed by the Republican hero Ronald Reagan as the best anti-poverty measure we have. It works, and without it, the average family is out another $400 this year. This is money that would not wind up in a Cayman Islands bank account, but rather would be spent immediately into our local economies for everyday necessities.

Let’s restore the homestead property tax credit to encourage homeownership and help the housing market. We should end the pension tax too, and provide much-needed relief to our seniors who are living on fixed incomes.

Madam President, our people were paying enough taxes before the Republican Party raised taxes. It is time we do something to help our citizens, and help the men and women who work hard every day to put food on the table. We’ve done a lot to help business; now it’s time, in my estimation, to help families.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 162, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 8 of chapter II (MCL 762.8).

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

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker, Rocca and Bieda

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, February 19, 2013, at 2:30 p.m., Room 110, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, February 20, 2013, at 8:30 a.m., Rooms 402 and 403, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Community Colleges submitted the following:

Meeting held on Wednesday, February 20, 2013, at 9:00 a.m., Room 405, Capitol Building

Present: Senators Booher, (C), Schuitmaker and Anderson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Wednesday, February 20, 2013, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Walker (C), Caswell, Pappageorge and Hopgood

COMMITTEE ATTENDANCE REPORT

The Legislative Council submitted the following:

Meeting held on Thursday, February 21, 2013, at 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Richardville (C), Rocca, Schuitmaker, Whitmer and Bieda (Alternate)

Excused: Senators Jansen and Hunter

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 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)

Environmental Quality Department - Tuesday, March 5, 12:00 noon, Room 110, Farnum 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)

Human Services Department - Tuesdays, February 26, March 5, and March 12, 2:00 p.m., Room 405, Capitol Building (373-2768)

Judiciary - Wednesday, February 27, 9:00 a.m., Room 110, Farnum Building (373-2768)

K-12, School Aid, Education - Wednesday, February 27, 9:00 a.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)

Natural Resources Department - Tuesday, March 5, 1:00 p.m., Room 110, Farnum Building (373-2768)

State Police and Military Affairs - Thursdays, February 28 and March 7, 3:00 p.m., Room 405, Capitol Building (373-2768)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 10:25 a.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, February 26, 2013, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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