No. 48

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Wednesday, May 22, 2013.

10:00 a.m.

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

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

Ananich—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

Reverend Dr. Douglas Levesque of Immanuel Baptist Church of Corunna offered the follow invocation:

Heavenly Father, we do love You and praise You. We thank You for another lovely Michigan day. Our hearts are grateful for the wonderful creation that You’ve given us—these two wonderful peninsulas, our Great Lakes, all the ore, all the great soil—all the wonderful things that You’ve given our state. I pray, Lord, that in this august body You help us to be good stewards of these resources that You’ve given us.

We’re grateful also for Your Providence and how You provide for each and every one of us. Lord, I pray for all the Republican delegates, that, God, You would give them sternness; that, Lord, You would help them to stand up to moneyed interests. I pray, Lord, for all of our Democratic delegates, that, Lord, You give them courage to stand for life, for marriage, and social issues.

Lord, I’m grateful for our population. I pray that You help us to represent each and every one well. Help us to stand nobly and humbly and to represent those who are both noble and humble, and we pray for our people in Michigan today.

Father, we’re grateful for our Constitution, and we’re thankful for the liberties that You give us in this great state. I pray that we would be reminded, Lord, that government is neither master nor servant to the church and that the church has a responsibility to serve our government as well. Help us, Lord, to realize that we’ll one day stand before You.

I pray, as well, to thank You for so great a salvation in Jesus’ name. Amen.

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

Motions and Communications

Senators Moolenaar, Brandenburg and Hopgood entered the Senate Chamber.

Senator Hopgood moved that Senators Hunter, 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 Bieda 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.

10:19 a.m.

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

During the recess, Senator Bieda introduced Pastor James Friedman of Greater Christian Ministries International, Eastpointe Mayor Suzanne Pixley, and constituent guests; and presented them with Senate Resolution No. 40, recognizing May 24, 2013, as Public Service Chaplains Appreciation Day.

Mayor Pixley and Pastor Friedman responded briefly.

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

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:20 a.m.

12:28 p.m.

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

During the recess, Senator Johnson entered the Senate Chamber.

Senator Meekhof moved that the Committee on Government Operations be discharged from further consideration of the following appointment:

Executive Director - Michigan Gaming Control Board

Richard S. Kalm of 6910 West Gates Street, Romeo, Michigan 48065, county of Macomb, succeeding himself, is reappointed for a term commencing June 3, 2013, and expiring June 2, 2019.

The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor.

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. 163

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

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

Senate Resolution No. 58

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

The following communications were received and read:

Office of the Senate Majority Leader

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 182, appoints the following members to sit on the conference committee:

Senator Howard Walker, Chair

Senator Roger Kahn

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 184, appoints the following members to sit on the conference committee:

Senator John Pappageorge, Chair

Senator Roger Kahn

Senator Glenn Anderson

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 185, appoints the following members to sit on the conference committee:

Senator Patrick Colbeck, Chair

Senator Roger Kahn

Senator Vincent Gregory

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 187, appoints the following members to sit on the conference committee:

Senator Patrick Colbeck, Chair

Senator Roger Kahn

Senator Vincent Gregory

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 188, appoints the following members to sit on the conference committee:

Senator Mike Green, Chair

Senator Roger Kahn

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 190, appoints the following members to sit on the conference committee:

Senator Mark Jansen, Chair

Senator Roger Kahn

Senator Bert Johnson

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 191, appoints the following members to sit on the conference committee:

Senator John Proos, Chair

Senator Roger Kahn

Senator Bert Johnson

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 192, appoints the following members to sit on the conference committee:

Senator Bruce Caswell, Chair

Senator Roger Kahn

Senator Vincent Gregory

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 193, appoints the following members to sit on the conference committee:

Senator Tonya Schuitmaker, Chair

Senator Roger Kahn

Senator Morris Hood III

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 194, appoints the following members to sit on the conference committee:

Senator John Pappageorge, Chair

Senator Roger Kahn

Senator Bert Johnson

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 195, appoints the following members to sit on the conference committee:

Senator Mike Green, Chair

Senator Roger Kahn

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 196, appoints the following members to sit on the conference committee:

Senator Howard Walker, Chair

Senator Roger Kahn

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 197, appoints the following members to sit on the conference committee:

Senator John Proos, Chair

Senator Roger Kahn

Senator Glenn Anderson

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 199, appoints the following members to sit on the conference committee:

Senator Darwin Booher, Chair

Senator Roger Kahn

Senator Glenn Anderson

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 201, appoints the following members to sit on the conference committee:

Senator Mike Green, Chair

Senator Roger Kahn

Senator Hoon-Yung Hopgood

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to House Bill 4228, the Senate appoints the following members to sit on the conference committee:

Senator Roger Kahn

Senator John Moolenaar

Senator Glenn Anderson

Thank you for your prompt consideration of this matter.

May 22, 2013

Pursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to House Bill 4328, the Senate appoints the following members to sit on the conference committee:

Senator Roger Kahn

Senator John Moolenaar

Senator Glenn Anderson

Thank you for your prompt consideration of this matter.

Respectfully yours,

Randy Richardville

Senate Majority Leader

The communications were referred to the Secretary for record.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, May 21, for his approval the following bill:

Enrolled Senate Bill No. 16 at 1:30 p.m.

The Secretary announced that the following bills were printed and filed on Tuesday, May 21, and are available at the Michigan Legislature website:

Senate Bill Nos. 365 366 367 368 369 370 371 372 373 374

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 Ananich as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 283, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 55 (MCL 169.255), as amended by 2012 PA 277.

House Bill No. 4169, entitled

A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 18a of chapter XIV (MCL 74.18a), as amended by 2003 PA 305.

House Bill No. 4170, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 21, 37, and 57 (MCL 389.21, 389.37, and 389.57), as amended by 2003 PA 306.

House Bill No. 4171, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 24a, 30g, 307, 308, 323, 347, 355, 426c, 426f, 426l, 792, 806, 809, 822, 823, 826, 866, 867, and 868 (MCL 168.24a, 168.30g, 168.307, 168.308, 168.323, 168.347, 168.355, 168.426c, 168.426f, 168.426l, 168.792, 168.806, 168.809, 168.822, 168.823, 168.826, 168.866, 168.867, and 168.868), section 24a as amended by 2012 PA 586, section 307 as amended by 2010 PA 55, section 308 as added by 2003 PA 302, section 426f as amended by 1990 PA 32, sections 809 and 868 as amended by 1995 PA 261, section 826 as amended by 2003 PA 119, section 866 as amended by 2010 PA 53, and section 867 as amended by 1980 PA 200; and to repeal acts and parts of acts.

The bills were placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 352, entitled

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

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 3, following line 11, by inserting:

“Enacting section 1. This amendatory act shall be known and may be cited as the “Dannie Lee Barnes disabled veteran property tax relief act”.”.

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 163, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1307, 1311, 30103, 30104, 30305, 30306, 30311a, 30311d, 32513, and 32514 (MCL 324.1307, 324.1311, 324.30103, 324.30104, 324.30305, 324.30306, 324.30311a, 324.30311d, 324.32513, and 324.32514), section 1307 as amended by 2012 PA 164, section 1311 as amended by 2011 PA 246, section 30103 as amended by 2009 PA 139, section 30104 as amended by 2011 PA 218, sections 30305, 30306, and 32513 as amended by 2012 PA 247, sections 30311a and 30311d as added by 2009 PA 120, and section 32514 as added by 1995 PA 59; and to repeal acts and parts of acts.

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

Messages from the Governor

Executive Director - Michigan Gaming Control Board

Richard S. Kalm of 6910 West Gates Street, Romeo, Michigan 48065, county of Macomb, succeeding himself, is reappointed for a term commencing June 3, 2013, and expiring June 2, 2019.

Senator Meekhof moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the appointment, a majority of the members serving voting therefor, as follows:

Roll Call No. 202 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hood

Not Voting—0

In The Chair: President

The following message from the Governor was received:

Date: May 21, 2013

Time: 9:50 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 97 (Public Act No. 35), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 907 (MCL 257.907), as amended by 2011 PA 159.

(Filed with the Secretary of State on May 21, 2013, at 1:14 p.m.)

Respectfully,

Rick Snyder

Governor

Messages from the House

House Bill No. 4228, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 11, 11a, 11g, 11j, 11k, 11m, 12, 15, 18, 18b, 19, 20, 20d, 22a, 22b, 22d, 22f, 22i, 22j, 24, 24a, 24c, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51a, 51b, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 95, 98, 99, 101, 102, 104, 107, 147, 147a, 147b, 147c, 152a, 201, 201a, 206, 209, 210, 224, 225, 229a, 230, 236, 236a, 236b, 241, 242, 244, 245, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 273, 274, 274a, 276, 277, 278, 279, 280, 281, 282, 289, and 290 (MCL 388.1606, 388.1611, 388.1611a, 388.1611g, 388.1611j, 388.1611k, 388.1611m, 388.1612, 388.1615, 388.1618, 388.1618b, 388.1619, 388.1620, 388.1620d, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1622j, 388.1624, 388.1624a, 388.1624c, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1651a, 388.1651b, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694a, 388.1695, 388.1698, 388.1699, 388.1701, 388.1702, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1747b, 388.1747c, 388.1752a, 388.1801, 388.1801a, 388.1806, 388.1809, 388.1810, 388.1824, 388.1825, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1841, 388.1842, 388.1844, 388.1845, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1873, 388.1874, 388.1874a, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1889, and 388.1890), sections 6, 11, 26b, and 201 as amended by 2012 PA 465, sections 11a, 11g, 11j, 11k, 11m, 12, 18, 19, 20, 20d, 22a, 22b, 22d, 22f, 24, 24a, 24c, 26a, 31a, 31d, 31f, 32d, 39, 39a, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94a, 98, 99, 102, 104, 107, 147, 147a, 147b, 152a, 201a, 206, 209, 210, 224, 225, 230, 236, 236a, 241, 242, 244, 245, 252, 256, 258, 263, 263a, 264, 265, 267, 268, 269, 270, 273, 274, 274a, 276, 277, 278, 279, 280, 281, 282, 289, and 290 as amended and sections 22i, 22j, 26c, 32p, 95, 147c, 229a, 236b, 246, and 265a as added by 2012 PA 201, section 15 as amended by 2012 PA 286, section 18b as amended by 2008 PA 268, section 51b as added by 1996 PA 300, and section 101 as amended by 2012 PA 516, and by adding sections 21f, 22c, 22k, 25e, 41, 99b, 236c, 259, and 272a; and to repeal acts and parts of acts.

The House of Representatives has nonconcurred in the Senate substitute (S-1) and appointed Reps. Rogers, Haveman and Dillon as conferees.

The message was referred to the Secretary for record.

House Bill No. 4328, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2014 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations.

The House of Representatives has nonconcurred in the Senate substitute (S-1) and appointed Reps. Haveman, Pscholka and Tlaib as conferees.

The message was referred to the Secretary for record.

Senate Bill No. 198, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2014; and to provide for the expenditure of the appropriations.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1).

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Meekhof moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 203 Yeas—0

Nays—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Excused—1

Hood

Not Voting—0

In The Chair: President

Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 283

Senate Bill No. 352

Senate Bill No. 163

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. 64

Senate Bill No. 302

Senate Bill No. 321

Senate Bill No. 175

Senate Bill No. 341

Senate Bill No. 342

Senate Bill No. 283

Senate Bill No. 352

Senate Bill No. 163

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 64, 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 27a (MCL 205.27a), as amended by 2012 PA 211.

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. 204 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hood

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. 302, entitled

A bill to designate this state a purple heart state.

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. 205 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hood

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. 321, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 552 (MCL 750.552), as amended by 2007 PA 167.

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. 206 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hood

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. 175, entitled

A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending sections 105, 151, 155, 159, 171, 179, 300, 302, 306, 316, 328, 354, 368, 372, 374, 376, 378, 380, 382, 382a, 384, 388, and 410 (MCL 32.505, 32.551, 32.555, 32.559, 32.571, 32.579, 32.700, 32.702, 32.706, 32.716, 32.728, 32.754, 32.768, 32.772, 32.774, 32.776, 32.778, 32.780, 32.782, 32.782a, 32.784, 32.788, and 32.810), sections 105 and 179 as amended by 2002 PA 133, section 159 as amended by 1998 PA 212, section 302 as amended by 2002 PA 654, section 306 as amended by 2010 PA 255, section 328 as amended by 1988 PA 493, sections 368 and 382 as amended and section 382a as added by 1992 PA 307, and section 410 as amended by 1980 PA 145; and to repeal acts and parts of acts.

The question being on the passage of the bill,

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

Roll Call No. 207 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hood

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. 341, entitled

A bill to amend 2002 PA 712, entitled “Michigan Amber alert act,” (MCL 28.751 to 28.754) by amending the title, as amended by 2005 PA 205, and by adding section 5.

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. 208 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hood

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. 342, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.

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. 209 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hood

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Hildenbrand’s statement is as follows:

Senate Bill No. 341, which we just passed, and the bill before us, Senate Bill No. 342, create an Amber Alert fund and a corresponding voluntary check-off to be used to raise revenue for this new fund. The Amber Alert program was launched in Michigan on June 19, 2001. Under Michigan’s program, broadcast radio and television stations receive notices of missing and/or endangered children via fax directly from the Michigan State Police. Stations air the information on the notices as often as possible. Additionally, stations include it in their newscasts and continue to cover them for hours until the situation has been resolved.

The Michigan Amber Alert Foundation is the current primary funding source for the alert program. Unfortunately, funding sources for the program are dwindling. Without adequate funding, the chances for a breakdown in the chain of events that occur to recover missing children greatly increase. These bills will provide yet another fundraising tool to ensure the important work of the Amber Alert program here in Michigan.

I urge my colleagues’ support of these bills.

The following bill was read a third time:

Senate Bill No. 283, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 55 (MCL 169.255), as amended by 2012 PA 277.

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. 210 Yeas—36

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green Jones Proos Young

Nays—1

Caswell

Excused—1

Hood

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. 352, entitled

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

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. 211 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hopgood Meekhof Schuitmaker

Brandenburg Hune Moolenaar Smith

Casperson Hunter Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Hood

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. 163, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1307, 1311, 30103, 30104, 30105, 30305, 30306, 30306b, 30311, 30311a, 30311d, 30312, 30312d, 30321, and 32513 (MCL 324.1307, 324.1311, 324.30103, 324.30104, 324.30105, 324.30305, 324.30306, 324.30306b, 324.30311, 324.30311a, 324.30311d, 324.30312, 324.30312d, 324.30321, and 324.32513), section 1307 as amended by 2012 PA 164, section 1311 as amended by 2011 PA 246, section 30103 as amended by 2009 PA 139, section 30104 as amended by 2013 PA 13, sections 30105 and 30311 as amended and sections 30311a, 30311d, and 30312d as added by 2009 PA 120, sections 30305, 30306, and 30312 as amended by 2012 PA 247, section 30306b as amended by 2010 PA 180, section 30321 as amended by 1996 PA 530, and section 32513 as amended by 2013 PA 11, and by adding sections 30101a and 30328; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Warren offered the following substitute:

Substitute (S-3).

The substitute was not adopted, a majority of the members serving not voting therefor.

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The substitute was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 212 Yeas—11

Ananich Gregory Johnson Whitmer

Anderson Hopgood Smith Young

Bieda Hunter Warren

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—1

Hood

Not Voting—0

In The Chair: President

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. 213 Yeas—25

Ananich Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kowall Pavlov Walker

Green

Nays—12

Anderson Gregory Johnson Warren

Bieda Hopgood Kahn Whitmer

Booher Hunter Smith Young

Excused—1

Hood

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The President pro tempore, Senator Schuitmaker, assumed the Chair.

By unanimous consent the Senate returned to the order of

Motions and Communications

The following communications were received and read:

Office of the Senate Majority Leader

May 21, 2013

Pursuant to Senate Rule 3.203, I am hereby re-referring House Bill 4168 from the Senate Committee on Agriculture to the Senate Committee on Local Government and Elections.

Should you have any questions regarding this matter, please do not hesitate to contact me.

May 22, 2013

Pursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to Senate Bill 198, appoints the following members to sit on the conference committee:

Senator John Moolenaar, Chair

Senator Roger Kahn

Senator Vincent Gregory

Thank you for your prompt consideration of this matter.

Respectfully yours,

Randy Richardville

Senate Majority Leader

The communications were referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 34

The motion prevailed.

Senate Resolution No. 58.

A resolution to memorialize the United States Congress to do all it can to oppose the construction of an underground nuclear waste repository in Ontario, Canada, and to urge Canadian officials to find alternatives to Ontario Power Generation’s proposal to bury nuclear waste in the Great Lakes basin.

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted.

The resolution, as substituted, was adopted.

Senators Bieda, Booher, Casperson, Colbeck, Emmons, Green, Gregory, Hansen, Hildenbrand, Hunter, Johnson, Jones, Kahn, Kowall, Marleau, Moolenaar, Nofs, Pappageorge, Pavlov, Proos, Rocca, Schuitmaker, Walker, Warren and Young were named co‑sponsors of the resolution.

House Concurrent Resolution No. 6.

A concurrent resolution to urge the other Great Lakes states and Canada to adopt ballast water standards equivalent to the 2013 federal Vessel General Permit requirements.

Whereas, Aquatic invasive species (AIS) are one of the most serious threats to the health of the Great Lakes and the people and businesses that depend on them. Once introduced and established, these harmful species are nearly impossible to eradicate and naturally spread across political boundaries with potentially major environmental and economic impacts. Past invasions have been estimated to cost the Great Lakes region more than $100 million annually; and

Whereas, Ballast water carried in ships participating in overseas trade is the primary pathway for bringing AIS into the Great Lakes. To protect the Great Lakes, the introduction of AIS through ballast water discharges from these oceangoing ships must be controlled; and

Whereas, Preventing AIS must not be at the cost of crippling vital maritime commerce. Great Lakes shipping is an integral economic link among the Great Lakes states and provinces and the rest of the world. Oceangoing ships operating on the Great Lakes and the cargo they carry account alone for nearly 18,000 jobs and more than $2.3 billion in annual business revenue in the United States and Canada; and

Whereas, The U.S. federal government has finally established strong and reasonable ballast water standards to prevent the introduction of AIS. The U.S. Coast Guard and U.S. Environmental Protection Agency have adopted an internationally-accepted standard and a compliance timeline that will lead to the installation of technology on oceangoing ships to treat ballast water and kill AIS; and

Whereas, It is in the best interest of the Great Lakes states and Canada to align with U.S. federal requirements and create a consistent and seamless standard for the Great Lakes region. Adopting similar standards will ensure the shipping industry will not have to operate in a quagmire of different regulations. At the same time, the Great Lakes states and Canada will achieve a new milestone in its efforts to prevent the introduction of aquatic invasive species and protect the natural treasure in our shared trust; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the other Great Lakes states and Canada to adopt ballast water standards equivalent to the 2013 federal Vessel General Permit requirements; and be it further

Resolved, That copies of this resolution be transmitted to the governors of Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania and Wisconsin, the premiers of Ontario and Quebec, the Canadian Minister of Transport, Infrastructure and Communities, the Council of Great Lakes Governors, and the members of the Great Lakes Legislative Caucus.

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,

Senator Meekhof moved that the concurrent resolution be referred to the Committee on Natural Resources, Environment and Great Lakes.

The motion prevailed.

Senators Brandenburg, Casperson, Colbeck, Green, Kowall, Pappageorge and Schuitmaker were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senators Hildenbrand and Jones introduced

Senate Bill No. 375, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 4, 5, 7, 12, and 18a (MCL 28.454, 28.455, 28.457, 28.462, and 28.468a), sections 4 and 12 as amended and section 18a as added by 2012 PA 257.

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

Senators Jones, Rocca and Hildenbrand introduced

Senate Bill No. 376, entitled

A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 10 and 11 (MCL 28.460 and 28.461).

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

Senators Bieda and Jones introduced

Senate Bill No. 377, entitled

A bill to require individuals convicted of animal abuse offenses to register; to provide for the powers and duties of certain state and local governmental officers and entities; to impose fees; to prescribe penalties and provide remedies; and to require the promulgation of rules.

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

Senators Bieda and Jones introduced

Senate Bill No. 378, entitled

A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b.

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

Senators Booher, Casperson, Ananich, Moolenaar and Hansen introduced

Senate Bill No. 379, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a and 10 (MCL 125.1502a and 125.1510), section 2a as amended by 2012 PA 103 and section 10 as amended by 1999 PA 245.

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

Senators Richardville and Booher introduced

Senate Bill No. 380, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3204 (MCL 600.3204), as amended by 2012 PA 521.

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

Senators Nofs, Booher and Richardville introduced

Senate Bill No. 381, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3205e (MCL 600.3205e), as amended by 2012 PA 521; 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 Banking and Financial Institutions.

Senators Marleau, Booher and Richardville introduced

Senate Bill No. 382, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 3206.

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

Senators Booher and Richardville introduced

Senate Bill No. 383, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2011 PA 303.

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

A moment of silence was observed for the victims and survivors of the recent tornado in Oklahoma.

Committee Reports

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 163, entitled

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Green, Kowall and Meekhof

Nays: Senators Warren and Hood

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

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources, Environment and Great Lakes submitted the following:

Meeting held on Tuesday, May 21, 2013, at 9:00 a.m., Room 210, Farnum Building

Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof, Warren and Hood

The Committee on Veterans, Military Affairs and Homeland Security reported

House Bill No. 4297, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2045, 74116, 74117, 74120, 78105, and 78119 (MCL 324.2045, 324.74116, 324.74117, 324.74120, 324.78105, and 324.78119), section 2045 as added by 2010 PA 32, sections 74116, 74117, and 74120 as amended by 2010 PA 33, and section 78105 as amended and section 78119 as added by 2010 PA 34.

With the recommendation that the bill pass.

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

John R. Moolenaar

Chairperson

To Report Out:

Yeas: Senators Moolenaar, Pappageorge, Emmons and Gregory

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Veterans, Military Affairs and Homeland Security reported

House Bill No. 4439, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 805 (MCL 257.805), as added by 2010 PA 35.

With the recommendation that the bill pass.

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

John R. Moolenaar

Chairperson

To Report Out:

Yeas: Senators Moolenaar, Pappageorge, Emmons and Gregory

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Veterans, Military Affairs and Homeland Security submitted the following:

Meeting held on Tuesday, May 21, 2013, at 1:00 p.m., Room 210, Farnum Building

Present: Senators Moolenaar (C), Pappageorge, Emmons and Gregory

Excused: Senator Smith

The Committee on Energy and Technology reported

Senate Resolution No. 58.

(For text of resolution, see Senate Journal No. 46, p. 645.)

With the recommendation that the following substitute (S-2) be adopted and that the resolution then be adopted:

A resolution to urge careful review of the proposed underground nuclear waste repository in Ontario, Canada, and memorialize the United States Congress to do all it can to see that Michigan’s concerns are fully addressed.

Whereas, Ontario Power Generation is proposing to construct an underground, long-term burial facility for all of Ontario’s low- and intermediate-level radioactive waste at the Bruce Nuclear Generating Station, some of which is long-lived intermediate waste. This site, less than a mile inland from the shore of Lake Huron and about 440 yards below the lake level, is approximately 120 miles upstream from the main drinking water intakes for Southeast Michigan; and

Whereas, Lake Huron and the other Great Lakes are critically-important resources to both the United States and Canada. The Great Lakes contain 95 percent of North America’s surface fresh water and provide drinking water to tens of millions of people. Pristine water is important to fishing, boating, recreation, tourism, and agriculture in Michigan and throughout the region. Agriculture, commercial and sport fisheries, shipping, recreation, and tourism are important components of the Great Lakes economy. This proposal to place a permanent nuclear waste burial facility so close to the Great Lakes raises serious concerns; and

Whereas, As part of an effort to protect water quality, Michigan’s siting criteria for the disposal of low-level radioactive waste prohibits any site located within ten miles of Lake Michigan, Lake Superior, Lake Huron, Lake Erie, the Saint Mary’s River, the Detroit River, the St. Clair River, or Lake St. Clair. It also excludes sites located within a 500-year floodplain, located over a sole source aquifer, or located where the hydrogeology beneath the site discharges groundwater to the land surface within 3,000 feet of the boundaries of the site. We encourage Canada to consider similar siting criteria; and

Whereas, International agreements between the United States and Canada state that radiological contamination should be reduced and emphasize the concept of prevention. We encourage Canada, as part of its public review process, to make known the steps that have been or will be taken to fulfill the requirements of these agreements; and

Whereas, Siting an underground nuclear waste repository in limestone, as proposed by Ontario Power Generation, is the first of its kind. The environmental impact statement for this proposed nuclear waste burial facility noted that the acceptability of an alternative site was “unknown.” We encourage the use of sound scientific principles and analyses in determining whether this geologic formation is appropriate for the safe long-term storage of radioactive waste and that before making any further approvals of this proposed facility, this scientific data, along with information regarding the alternative sites that were considered, be made available; and

Whereas, Given the proximity and potential impact to many Michigan residents, we urge Canadian and Ontario officials, along with all relevant governmental agencies, to ensure open communication and information sharing with Michigan citizens about this proposal and to possibly consider extending the public comment period; now, therefore, be it

Resolved by the Senate, That we urge Canadian officials to thoroughly review the proposed underground nuclear waste repository in Ontario, Canada, including the issues raised herein, and we memorialize the United States Congress to do all it can to see that Michigan’s concerns are fully addressed; and be it further

Resolved, That copies of this resolution be transmitted to the Prime Minister of Canada, the Premier of Ontario, the President of the Canadian Nuclear Safety Commission, the Chairman of the United States Nuclear Regulatory Commission, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Mike Nofs

Chairperson

To Report Out:

Yeas: Senators Nofs, Proos, Jones, Schuitmaker, Walker, Hopgood, Bieda and Young

Nays: None

The resolution and the substitute recommended by the committee were placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, May 21, 2013, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Nofs (C), Proos, Jones, Marleau, Schuitmaker, Walker, Hopgood, Bieda and Young

The Committee on Judiciary reported

Senate Bill No. 250, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81d (MCL 750.81d), as amended by 2006 PA 517.

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

Senate Bill No. 343, 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 and 5o (MCL 28.421 and 28.425o), section 1 as amended by 2012 PA 243 and section 5o as amended by 2012 PA 123.

With the recommendation that the bill pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 360, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365.

With the recommendation that the bill 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 was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4382, entitled

A bill to amend 1996 PA 193, entitled “Michigan do-not-resuscitate procedure act,” by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, and 14 (MCL 333.1052, 333.1053, 333.1054, 333.1055, 333.1056, 333.1058, 333.1059, 333.1060, 333.1061, and 333.1064), section 2 as amended by 2004 PA 552, and by adding section 3a.

With the recommendation that the bill 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 was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4383, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 4 (MCL 400.704), as amended by 2010 PA 380.

With the recommendation that the bill 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 was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4384, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1103, 5303, 5305, and 5314 (MCL 700.1103, 700.5303, 700.5305, and 700.5314), section 1103 as amended by 2009 PA 46, section 5303 as amended by 2000 PA 468, section 5305 as amended by 2012 PA 210, and section 5314 as amended by 2012 PA 173.

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, May 21, 2013, at 2:30 p.m., Room 110, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, May 21, 2013, at 12:30 p.m., Room 100, Farnum Building

Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich

Scheduled Meetings

Banking and Financial Institutions - Thursday, May 23, 1:30 p.m., Room 100, Farnum Building (373-5312)

Health Policy - Thursday, May 23, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314)

Natural Resources, Environment and Great Lakes - Thursday, May 23, 8:30 a.m., Room 210, Farnum Building (373-5323)

State Drug Treatment Court Advisory Committee - Tuesday, May 28, 9:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Conference Committees -

Community Colleges (SB 199) - Thursday, May 23, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Education (SB 196) - Thursday, May 23, 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Higher Education (SB 193) - Thursday, May 23, 11:30 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

School Aid (SB 182) - Thursday, May 23, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 1:23 p.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, May 23, 2013, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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