No. 55
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2014
Senate Chamber, Lansing, Tuesday, June 10, 2014.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was not present.
Ananich—excused Hood—present Pappageorge—present
Anderson—present Hopgood—present Pavlov—present
Bieda—present Hune—present Proos—present
Booher—present Hunter—present Richardville—present
Brandenburg—present Jansen—present Robertson—present
Casperson—present Johnson—present Rocca—present
Caswell—present Jones—present Schuitmaker—present
Colbeck—present Kahn—present Smith—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 Danny Slater of Rouge Free Will Baptist Church of Wyandotte offered the follow invocation:
Heavenly Father, we thank You for this day. We thank You for the many blessings of life that You’ve bestowed upon us. Lord, it’s an honor to be here today. We pray for this Senate. We pray, Lord, that You give them wisdom and knowledge to make the right decisions. We know, Lord, that the decisions they make will affect our future.
Lord, we read and the word of Paul says that we can do nothing without You, but with You we can do all things. Heavenly Father, we thank You for Your Son, who came and died that we may have life and have it more abundantly.
Lord, I pray Your blessings again upon this Senate. Give each one who serves their district wisdom as they make these decisions. Let us lay aside our differences, O Lord. Let us look to You for wisdom. Let us look to You for guidance.
Heavenly Father, as You have been so good to us, let us also remember that You are good to us. Father, we love You and praise You and thank You for all that You do. In Jesus’ name we pray. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Senators Johnson and Young entered the Senate Chamber.
A quorum of the Senate was present.
Motions and Communications
Senator Meekhof moved that Senators Kahn, Caswell, Pappageorge, Jansen, Moolenaar, Schuitmaker, Booher, Green, Walker, Proos, Nofs and Hansen be temporarily excused from today’s session.
The motion prevailed.
Senator Hopgood moved that Senators Anderson, Gregory, Hood and Hunter be temporarily excused from today’s session.
The motion prevailed.
Senator Hopgood moved that Senator Ananich be excused from today’s session.
The motion prevailed.
Senator Hansen entered the Senate Chamber.
Senator Meekhof moved that rule 2.106 be suspended to allow committees to meet during Senate session.
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senators Hansen and Colbeck 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 Colbeck introduced Commander Michael R. Wohnhaas, USN, prospective Commanding Officer of the USS Detroit, littoral combat ship; and crew, Lieutenant Commander Christopher Farricker, USN; Command Senior Chief Travis Winfield, USN; and Captain John McCann, USN, (Ret.); and presented them with a flag of the state of Michigan.
Commander Wohnhaas responded briefly.
During the recess, Senators Nofs and Emmons entered the Senate Chamber.
The following communication was received and read:
Joint Committee on Administrative Rules
June 4, 2014
Pursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived the remaining session days for the following rule set:
Department of Civil Rights
Division on Deaf and Hard of Hearing
Qualified Interpreter - General Rules
(2007-047 CR) (JCAR 14-14)
According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule.
Sincerely,
Senator John Pappageorge
Presiding Co-Chair
Representative Tom McMillin
Co-Chair
The communication was referred to the Secretary for record.
The following communications were received and read:
Office of the Auditor General
June 6, 2014
Enclosed is a copy of the following audit report:
Follow-up of the performance audit of High School Graduation and Dropout Rates, Center for Educational Performance and Information, Department of Technology, Management and Budget.
June 6, 2014
Enclosed is a copy of the following audit report:
Performance audit of the Office of Economic Development, Michigan Department of Transportation.
June 6, 2014
Enclosed is a copy of the following audit report:
Performance audit of the Brownfield Redevelopment Financing Program, Department of Environmental Quality, Michigan Strategic Fund, and Department of Treasury.
June 6, 2014
Enclosed is a copy of the following audit report:
Financial audit of the Michigan Justice Training Fund, Michigan Commission on Law Enforcement Standards, Michigan Department of State Police, for the fiscal years ended September 30, 2013 and September 30, 2012.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The audit reports were referred to the Committee on Government Operations.
The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 5:
House Bill Nos. 4890 5089 5090 5168 5169 5226 5363 5421 5552 5553 5558 5559 5600 5610
5612
The Secretary announced the enrollment printing and presentation to the Governor on Monday, June 9, for his approval the following bills:
Enrolled Senate Bill No. 265 at 3:15 p.m.
Enrolled Senate Bill No. 582 at 3:17 p.m.
Enrolled Senate Bill No. 583 at 3:19 p.m.
The Secretary announced that the following bills were printed and filed on Thursday, June 5, and are available at the Michigan Legislature website:
Senate Bill No. 971
House Bill Nos. 5616 5617 5618 5619 5620 5621 5622 5623 5624 5625 5626 5627 5628 5629
5630 5631 5632 5633 5634 5635
The Secretary announced that the following bills were printed and filed on Friday, June 6, and are available at the Michigan Legislature website:
House Bill Nos. 5636 5637 5638 5639
Messages from the Governor
The following messages from the Governor were received:
Date: June 3, 2014
Time: 11:06 a.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 869 (Public Act No. 145), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 48716 (MCL 324.48716), as added by 1995 PA 57.
(Filed with the Secretary of State on June 3, 2014, at 4:12 p.m.)
Date: June 4, 2014
Time: 1:42 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 59 (Public Act No. 146), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 51108 (MCL 324.51108), as amended by 2013 PA 48.
(Filed with the Secretary of State on June 4, 2014, at 4:28 p.m.)
Respectfully,
Rick Snyder
Governor
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:21 a.m.
11:45 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Caswell, Anderson, Booher, Schuitmaker, Kahn, Moolenaar, Jansen, Walker, Proos, Pappageorge, Hood, Gregory and Green entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Motions and Communications
The following communication was received and read:
Office of the Senate Majority Leader
June 10, 2014
Pursuant to Senate Rule 3.203, I am hereby re-referring House Bill 5438 from the Senate Committee on Judiciary to the Senate Committee on Transportation.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Randy Richardville
Senate Majority Leader
The communication was referred to the Secretary for record.
Messages from the House
Senator Meekhof moved that consideration of the following bills be postponed for today:
House Bill No. 4369
Senate Bill No. 479
The motion prevailed.
Senate Bill No. 769, entitled
A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations.
The House of Representatives has appointed Rep. Haveman to replace Rep. McCready as conferee.
The message was referred to the Secretary for record.
Senator Hunter entered the Senate Chamber.
Senate Bill No. 49, 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,” (MCL 28.421 to 28.435) by adding section 1b.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
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 concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 395 Yeas—35
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Whitmer
Emmons Johnson Pavlov Young
Green Jones Proos
Nays—2
Hopgood Warren
Excused—1
Ananich
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Pavlov introduced
Senate Bill No. 972, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30103 (MCL 324.30103), as amended by 2009 PA 139.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senator Caswell introduced
Senate Bill No. 973, entitled
A bill to create the child welfare partnership council; and to prescribe the powers and duties of the council and certain state departments and agencies.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senator Caswell introduced
Senate Bill No. 974, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2001 PA 211.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senator Caswell introduced
Senate Bill No. 975, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2013 PA 138.
The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.
Senator Jones introduced
Senate Bill No. 976, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
House Bill No. 4890, entitled
A bill to amend 1968 PA 251, entitled “Cemetery regulation act,” (MCL 456.521 to 456.543) by adding section 17.
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 Regulatory Reform.
House Bill No. 5089, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7340c.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5090, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2013 PA 124.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5168, entitled
A bill to amend 2012 PA 387, entitled “Regional transit authority act,” by amending section 6 (MCL 124.546).
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 Transportation.
House Bill No. 5169, entitled
A bill to amend 2012 PA 387, entitled “Regional transit authority act,” by amending section 2 (MCL 124.542).
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 Transportation.
House Bill No. 5226, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2012 PA 65.
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 Agriculture.
House Bill No. 5363, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766c (MCL 333.17766c), as amended by 2011 PA 86.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5421, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78g (MCL 211.78g), as amended by 2003 PA 263.
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 Finance.
House Bill No. 5552, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2013 PA 50.
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 Finance.
House Bill No. 5553, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72107 and 72109 (MCL 324.72107 and 324.72109), as added by 1995 PA 58.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5558, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 4 (MCL 445.904), as amended by 2003 PA 216.
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 Insurance.
House Bill No. 5559, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1301 and 72108 (MCL 324.1301 and 324.72108), section 1301 as amended by 2013 PA 87 and section 72108 as amended by 2004 PA 325.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5600, entitled
A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2011 PA 196.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5610, entitled
A bill to amend 1899 PA 44, entitled “An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies,” by amending section 6 (MCL 24.6), as amended by 1983 PA 97.
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 Government Operations.
House Bill No. 5612, entitled
A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 6m (MCL 460.6m), as added by 1982 PA 304.
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.
Senator Meekhof moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 834, 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 section 2b (MCL 28.422b), as amended by 2001 PA 199.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 881, 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 section 5o (MCL 28.425o), as amended by 2012 PA 123.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 105
Senate Bill No. 106
Senate Bill No. 107
House Bill No. 4896
House Bill No. 5131
House Bill No. 5132
House Bill No. 5332
Senate Bill No. 906
Senate Bill No. 879
House Bill No. 4895
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 105, entitled
A bill to amend 1990 PA 250, entitled “DNA identification profiling system act,” by amending the title and sections 2, 3, 3a, 5, and 6 (MCL 28.172, 28.173, 28.173a, 28.175, and 28.176), the title and section 3 as amended by 1998 PA 522, sections 2 and 6 as amended and section 5 as added by 2008 PA 535, and section 3a as amended by 2008 PA 533.
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. 396 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
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. 106, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 2003 PA 77.
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. 397 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
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. 107, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520m (MCL 750.520m), as amended by 2008 PA 380.
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. 398 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4896, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16z of chapter XVII (MCL 777.16z), as amended by 2007 PA 20.
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. 399 Yeas—36
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Green Johnson Pavlov Whitmer
Gregory Jones Proos Young
Nays—1
Caswell
Excused—1
Ananich
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5131, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 5 (MCL 125.2655), as amended by 2000 PA 145.
The 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. 400 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5132, entitled
A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 4 (MCL 125.1604), as amended by 1987 PA 67.
The 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. 401 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the creation of public economic development corporations; to prescribe their powers and duties; to provide for their dissolution; to provide for the issuance of notes and other evidence of indebtedness; to provide for the issuance of bonds; to validate bonds, notes, and other evidence of indebtedness; to provide for condemnation of property; to provide for the undertaking of projects relative to the economic development of municipalities; to provide for loans, grants, transfers, and conveyances of funds and property by municipalities, and disbursement of certain funds to public economic development corporations; to provide for the creation of subsidiary neighborhood development corporations by certain economic development corporations; to provide for the receipt by public economic development corporations of funds and property; to provide for industrial and commercial enterprises and for enterprises involved in housing or neighborhood improvement, and furnishings, equipment, and machinery for the industrial and commercial enterprises and housing; to validate the incorporation of de facto economic development corporations and all actions of the de facto corporations; and to provide savings provisions,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5332, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” (MCL 330.1001 to 330.2106) by adding section 274a.
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. 402 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 906, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 411 (MCL 32.811), as amended by 2000 PA 472.
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. 403 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
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. 879, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 13524.
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. 404 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Anderson, Bieda, Booher, Brandenburg, Casperson, Emmons, Gregory, Hansen, Hood, Hunter, Jones, Kahn, Kowall, Marleau, Meekhof, Moolenaar, Nofs, Pappageorge, Pavlov, Proos, Richardville, Robertson, Rocca, Smith, Walker, Warren and Young were named co‑sponsors of the bill.
The following bill was read a third time:
House Bill No. 4895, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 535 (MCL 750.535), as amended by 2006 PA 374.
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. 405 Yeas—36
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Green Johnson Pavlov Whitmer
Gregory Jones Proos Young
Nays—1
Caswell
Excused—1
Ananich
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.
The Senate agreed to the full title.
Recess
Senator Meekhof moved that the Senate recess until 3:00 p.m.
The motion prevailed, the time being 12:27 p.m.
The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Meekhof moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 34
Senate Resolution No. 123
The motion prevailed.
House Concurrent Resolution No. 31.
A concurrent resolution to call on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw their proposed rule expanding the definition of “waters of the United States” under the Clean Water Act.
Whereas, The definition of “waters of the United States” under the Clean Water Act establishes the fundamental scope of federal authority to regulate activities in U.S. waters and wetlands. The U.S. Supreme Court has found on multiple occasions that the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Army Corps) have exceeded their authority in defining these waters beyond the intended scope of federal regulation; and
Whereas, In response to the Supreme Court decisions, the EPA and Army Corps have recently proposed an amended definition to clarify federal jurisdiction. Unfortunately, the EPA and Army Corps have once again missed the mark and continue to ignore the limits on their authority, usurping powers reserved to the states under the Tenth Amendment to the U.S. Constitution; and
Whereas, The proposed rule would create greater uncertainty for businesses and homeowners rather than providing clarity. The proposed rule will add new definitions for key technical terms that introduce ambiguities and vagaries into federal regulation. Confusion will inevitably lead to further litigation, tying up our courts, delaying economic development, and wasting taxpayer money; and
Whereas, High-quality scientific input must be the basis for environmental regulations, and the end result of scientific review should never be presumed. The EPA and Army Corps have failed to allow scientific review to be completed before moving forward with the proposed rule. In the rush to promulgate rules, the primary scientific report remains in draft form and has only recently been submitted to the EPA’s Science Advisory Board for peer review; and
Whereas, The proposed rule would actually expand federal jurisdiction to more waters and wetlands, rather than limiting or simply clarifying jurisdiction as outlined by the U.S. Supreme Court. The EPA’s economic analysis estimates that the proposed rule would increase jurisdiction by 3 percent, potentially leading to 1,400 more permits required and nearly $220 million in additional costs to farmers, businesses, and homeowners. Furthermore, the economic analysis’ assumptions and methodology significantly underestimate the potential jurisdictional expansion; and
Whereas, Any increases in federal jurisdiction will infringe upon state authority to regulate state waters. The state waters and wetlands affected by the proposed rule have minimal, if any, connection to federally navigable waters. Expanded federal jurisdiction limits the flexibility of Michigan and other states to create a regulatory environment that meets the needs and addresses the priorities of state residents. Michigan has been a national leader in creating proactive, voluntary programs like the Michigan Agriculture Environmental Assurance Program (MAEAP) that provide equal, if not greater, protection of the environment in a collaborative, non-adversarial manner. Michigan must have the freedom to protect state waters and to pursue innovative approaches without being handcuffed by rigid federal requirements; and
Whereas, This flawed proposal demonstrates again that core decisions, such as the scope of federal authority, must be left to our elected representatives and senators in the U.S. Congress, not to relatively unaccountable federal agencies; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we call on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw their proposed rule expanding the definition of “waters of the United States” under the Clean Water Act; and be it further
Resolved, That copies of this resolution be transmitted to the Administrator of the U.S. Environmental Protection Agency, the Commanding General of the U.S. Army Corps of Engineers, and the members of the Michigan congressional delegation.
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 further consideration of the concurrent resolution be postponed for today.
The motion prevailed.
House Concurrent Resolution No. 32.
A concurrent resolution to urge the Congress of the United States to approve President Obama’s budget proposal to provide $35 million to help communities process evidence from untested sexual assault kits.
Whereas, Sexual violence continues to plague our nation and destroy lives. Women and girls are the vast majority of victims, and nearly one in five women, or about 22 million, have been raped during their lifetimes. Men and boys are also at risk and one in 71 men, or about 1.6 million, have been raped during their lifetimes. Nearly one-half of all female rape survivors were raped before 18 years of age, and over one-quarter of male rape survivors were raped before 10 years of age; and
Whereas, Effective collection of forensic evidence is of paramount importance to successfully prosecuting sex offenders, as is performing sexual assault forensic exams in a sensitive, dignified, and victim-centered manner. Sexual assault forensic examinations are intrusive, lengthy, and complex medical examinations that take an average of three to four hours. A victim who agrees to a sexual assault forensic exam reasonably expects evidence collected from that exam, also referred to as a rape kit, to be analyzed; and
Whereas, The federal government has estimated that hundreds of thousands of rape kits sit untested in police and crime storage facilities across the country in what is known as the rape kit backlog. Crime labs have struggled over the past decade to meet the demand for DNA testing for all types of crimes. With demand continuing to outpace capacity—the Joyful Heart Foundation estimates that every two minutes someone is sexually assaulted in the U.S.—the backlog in testing evidence collected from sexual assault forensic exams will likely continue to grow; and
Whereas, Untested sexual assault kits mean lost opportunities to develop DNA profiles, search for matches, link cold cases, and bring justice and resolution to the victim. DNA can help identify unknown offenders and when the offender is known, it can result in “cold hits” connecting the known suspect to other crimes. Failure to test evidence collected from a sexual assault kit in a timely manner can be tragic, from expired statutes of limitation that preclude prosecution even if a suspect is later identified, to additional rape and murder victims of serial rapists; and
Whereas, Local jurisdictions that have attempted to alleviate the rape kit backlog have impressive results to show for their efforts. With federal funding, the Wayne County Prosecuting Attorney’s Office along with the Detroit Police Department, has begun to address a backlog of more than 10,000 rape kits. Among those first 1,600 kits tested, there were 455 matches in the DNA database, including matches linking to crimes committed in 22 other states and the District of Columbia. The Prosecutor’s Office identified 127 potential serial rapists and obtained 14 convictions of potential serial rapists who are tied to rapes reported in 12 other states and the District of Columbia; and
Whereas, Testing sexual assault kits provides essential evidence. But, equally essential is the investigation and prosecution of identified perpetrators, without which survivors are denied justice, rapists remain free to assault with impunity, and our communities continue to suffer emotionally and economically; and
Whereas, Reducing the rape kit backlog is a national concern requiring a national response. Federal funding is crucial to help communities in Michigan and other states to test and follow up on untested sexual assault kits; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Congress of the United States to approve President Obama’s budget proposal to provide $35 million to help communities process evidence from untested sexual assault kits; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
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 Judiciary.
The motion prevailed.
Senators Anderson, Bieda, Green and Hopgood were named co‑sponsors of the concurrent resolution.
By unanimous consent the Senate returned 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 Kowall 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:
House Bill No. 5335, entitled
A bill to codify the liability of possessors of land for injuries to trespassers.
Senate Bill No. 850, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15b (MCL 423.215b), as added by 2011 PA 54.
Senate Bill No. 712, entitled
A bill to amend 2010 PA 259, entitled “Michigan and Indiana state line monumentation act,” by amending section 15 (MCL 54.305).
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. 748, entitled
A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending sections 7 and 31 (MCL 257.1907 and 257.1931), section 7 as amended by 2000 PA 487.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 789, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5m, and 8 (MCL 28.421, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425m, and 28.428), section 1 as amended by 2012 PA 243, section 4 as added by 1992 PA 219, sections 5, 5a, 5e, and 5m as added by 2000 PA 381, sections 5b and 8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA 719, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, and section 5l as amended by 2012 PA 32, and by adding section 5x; and to repeal acts and parts of acts.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 790, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5085, 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 section 2 (MCL 28.422), as amended by 2012 PA 377.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Meekhof moved that the Committee on Families, Seniors and Human Services be discharged from further consideration of the following bill:
Senate Bill No. 861, entitled
A bill to amend 1982 PA 249, entitled “An act to establish the state children’s trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund,” by amending section 1 (MCL 21.171), as amended by 2008 PA 238.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:
Senate Bill No. 861
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the Senate returned 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 Kowall 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 bill:
Senate Bill No. 861, entitled
A bill to amend 1982 PA 249, entitled “An act to establish the state children’s trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund,” by amending section 1 (MCL 21.171), as amended by 2008 PA 238.
The bill was placed on the order of Third Reading of Bills.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 3:14 p.m.
3:21 p.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 861
Senate Bill No. 789
Senate Bill No. 790
House Bill No. 5085
House Bill No. 5335
Senate Bill No. 850
Senate Bill No. 712
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 861, entitled
A bill to amend 1982 PA 249, entitled “An act to establish the state children’s trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund,” by amending section 1 (MCL 21.171), as amended by 2008 PA 238.
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. 406 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
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. 789, 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, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2012 PA 243, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5, 5a, and 5e as added by 2000 PA 381, sections 5b and 8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA 719, sections 5f, 5k, and 5o as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, and section 5l as amended by 2012 PA 32, and by adding section 5x; and to repeal acts and parts of acts.
The 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. 407 Yeas—24
Brandenburg Hansen Kowall Proos
Casperson Hildenbrand Marleau Richardville
Caswell Hune Meekhof Robertson
Colbeck Jansen Moolenaar Rocca
Emmons Jones Pappageorge Schuitmaker
Green Kahn Pavlov Walker
Nays—13
Anderson Hood Johnson Warren
Bieda Hopgood Nofs Whitmer
Booher Hunter Smith Young
Gregory
Excused—1
Ananich
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. 790, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.
The 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. 408 Yeas—27
Bieda Green Kowall Proos
Booher Hansen Marleau Richardville
Brandenburg Hildenbrand Meekhof Robertson
Casperson Hune Moolenaar Rocca
Caswell Jansen Nofs Schuitmaker
Colbeck Jones Pappageorge Walker
Emmons Kahn Pavlov
Nays—10
Anderson Hopgood Smith Whitmer
Gregory Hunter Warren Young
Hood Johnson
Excused—1
Ananich
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5085, 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 section 2 (MCL 28.422), as amended by 2012 PA 377.
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. 409 Yeas—33
Anderson Gregory Jones Pavlov
Bieda Hansen Kahn Proos
Booher Hildenbrand Kowall Richardville
Brandenburg Hopgood Marleau Robertson
Casperson Hune Meekhof Rocca
Caswell Hunter Moolenaar Schuitmaker
Colbeck Jansen Nofs Walker
Emmons Johnson Pappageorge Whitmer
Green
Nays—4
Hood Smith Warren Young
Excused—1
Ananich
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 5335, entitled
A bill to codify the liability of possessors of land for injuries to trespassers.
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. 410 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: President
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 850, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 15b (MCL 423.215b), as added by 2011 PA 54.
The question being on the passage of the bill,
Senator Young offered the following amendment:
1. Amend page 3, following line 5, by inserting:
“(6) THIS SECTION DOES NOT APPLY AFTER JANUARY 1, 2015.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 411 Yeas—13
Anderson Hood Johnson Warren
Bieda Hopgood Nofs Whitmer
Caswell Hunter Smith Young
Gregory
Nays—24
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Colbeck Jansen Moolenaar Rocca
Emmons Jones Pappageorge Schuitmaker
Green Kahn Pavlov Walker
Excused—1
Ananich
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. 412 Yeas—27
Anderson Hansen Jones Rocca
Bieda Hildenbrand Kowall Smith
Casperson Hood Marleau Walker
Caswell Hopgood Nofs Warren
Colbeck Hune Pappageorge Whitmer
Green Hunter Proos Young
Gregory Johnson Richardville
Nays—10
Booher Jansen Moolenaar Robertson
Brandenburg Kahn Pavlov Schuitmaker
Emmons Meekhof
Excused—1
Ananich
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Young’s statement is as follows:
We heard good reasons in committee why the provisions of Public Act No. 54 that ban seniority-based automatic pay raises or benefit increases during contracting negotiations are unfair to employees. I am happy that we have before us a bill which carves out an exemption from this limit for police and fire employees. I believe it isn’t fair for these union members not to get their step increases while their contracts are being negotiated. From testimony, it seems that it could serve as a disincentive to municipalities to reach new agreements in a timely manner.
We don’t want that, and we don’t want that for any government employee. If we are going to get rid of this limit for police and fire employees, we should get rid of the limit for all government employees that Public Act No. 54 impacts.
Therefore, my amendment would simply say that this whole cap on pay and benefits no longer applies after January 1, 2015, to any of our hardworking government employees, not just our police and fire employees. That is the fair thing to do, and that is the right thing to do.
Mr. President, as our Founding Fathers would say, “Justice is the end of government,” and I think this amendment is just and should be passed.
The following bill was read a third time:
Senate Bill No. 712, entitled
A bill to amend 2010 PA 259, entitled “Michigan and Indiana state line monumentation act,” by amending section 15 (MCL 54.305).
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. 413 Yeas—37
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Gregory
Nays—0
Excused—1
Ananich
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
Messages from the House
Senate Bill No. 153, entitled
A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending section 7 (MCL 551.7), as amended by 2012 PA 265.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 3:43 p.m.
4:25 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator Hansen.
Committee Reports
The Committee on Families, Seniors and Human Services reported
House Bill No. 5039, entitled
A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending sections 4, 6, and 10 (MCL 722.924, 722.926, and 722.930), sections 4 and 10 as amended by 2004 PA 560 and section 6 as amended by 2013 PA 38.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, June 4, 2014, at 3:00 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Rocca and Nofs
Excused: Senator Gregory
The Committee on Finance reported
Senate Bill No. 922, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as added by 2012 PA 329.
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.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 4290, 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 3 (MCL 205.3), as amended by 2006 PA 615.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 5261, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4bb.
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.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
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 Finance submitted the following:
Meeting held on Wednesday, June 4, 2014, at 12:30 p.m., Room 210, Farnum Building
Present: Senators Brandenburg (C), Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Resolution No. 127.
A resolution to urge the United States Environmental Protection Agency to forgo its recent proposal to tighten emission limits on wood stoves.
(For text of resolution, see Senate Journal No. 27, p. 370.)
With the recommendation that the resolution be adopted.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall and Meekhof
Nays: Senators Warren and Hood
The resolution was placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Resolution No. 147.
A resolution to call on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw their proposed rule expanding the definition of “waters of the United States” under the Clean Water Act.
(For text of resolution, see Senate Journal No. 45, p. 754.)
With the recommendation that the resolution be adopted.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall and Meekhof
Nays: Senators Warren and Hood
The resolution was placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Resolution No. 150.
A resolution to urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada, and to study the potential impacts of this facility and similar facilities on the Great Lakes and on the people who depend on the lakes.
(For text of resolution, see Senate Journal No. 47, p. 806.)
With the recommendation that the resolution be adopted.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall, Meekhof, Warren and Hood
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Resolution No. 151.
A resolution urging the President of the United States, the Secretary of State, and the Congress of the United States to invoke the participation of the International Joint Commission under Article IX, Article X, or both, of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada, and similar facilities.
(For text of resolution, see Senate Journal No. 47, p. 807.)
With the recommendation that the resolution be adopted.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall, Meekhof, Warren and Hood
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Concurrent Resolution No. 14.
A concurrent resolution to urge the United States Environmental Protection Agency to forgo its recent proposal to tighten emission limits on wood stoves.
(For text of resolution, see Senate Journal No. 27, p. 370.)
With the recommendation that the concurrent resolution be adopted.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall and Meekhof
Nays: Senators Warren and Hood
The concurrent resolution was placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Concurrent Resolution No. 15.
A concurrent resolution to call on the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw their proposed rule expanding the definition of “waters of the United States” under the Clean Water Act.
(For text of resolution, see Senate Journal No. 45, p. 755.)
With the recommendation that the concurrent resolution be adopted.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall and Meekhof
Nays: Senators Warren and Hood
The concurrent resolution was placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Concurrent Resolution No. 16.
A concurrent resolution urging the President of the United States, the Secretary of State, and the Congress of the United States to invoke the participation of the International Joint Commission under Article IX, Article X, or both, of the Boundary Waters Treaty to evaluate the proposed underground nuclear waste repository in Ontario, Canada, and similar facilities.
(For text of resolution, see Senate Journal No. 47, p. 808.)
With the recommendation that the concurrent resolution be adopted.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall, Meekhof, Warren and Hood
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Concurrent Resolution No. 17.
A concurrent resolution to urge the Great Lakes Commission to study and take a formal position on the proposed underground nuclear waste repository in Ontario, Canada, and to study the potential impacts of this facility and similar facilities on the Great Lakes and on the people who depend on the lakes.
(For text of resolution, see Senate Journal No. 47, p. 809.)
With the recommendation that the concurrent resolution be adopted.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Green, Kowall, Meekhof, Warren and Hood
Nays: None
The concurrent resolution was placed on the order of Resolutions.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Bill No. 891, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20101, 20107a, 20114, 20114c, 20114d, 20116, 20118, 20120a, 20120b, 20120d, and 20126 (MCL 324.20101, 324.20107a, 324.20114, 324.20114c, 324.20114d, 324.20116, 324.20118, 324.20120a, 324.20120b, 324.20120d, and 324.20126), section 20101 as amended by 2013 PA 141, section 20107a as amended by 2010 PA 233, sections 20114, 20114c, 20114d, 20120a, 20120b, and 20126 as amended by 2012 PA 446, sections 20116 and 20118 as amended by 1995 PA 71, and section 20120d as amended by 2010 PA 228, and by adding section 20121.
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.
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.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Bill No. 892, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2013 PA 67.
With the recommendation that the bill 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 was referred to the Committee of the Whole.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Bill No. 910, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5512 (MCL 324.5512), as amended by 2012 PA 102, and by adding section 5514.
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.
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.
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Bill No. 948, entitled
A bill to amend 1978 PA 113, entitled “An act to regulate the depositing, storing, or both, of radioactive waste,” by amending the title and section 1 (MCL 325.491), the title as amended by 1987 PA 202 and section 1 as amended by 1989 PA 12, and by adding section 2; and to repeal acts and parts of acts.
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, Meekhof, Warren and Hood
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources, Environment and Great Lakes reported
House Bill No. 4038, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41301 (MCL 324.41301), as amended by 2009 PA 51.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Thomas A. Casperson
Chairperson
To Report Out:
Yeas: Senators Casperson, Pavlov, Kowall, Meekhof, Warren and Hood
Nays: None
The bill was 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 Thursday, June 5, 2014, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof, Warren and Hood
The Committee on Banking and Financial Institutions reported
House Bill No. 5273, entitled
A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending the title and sections 202, 401, and 501 (MCL 451.2202, 451.2401, and 451.2501), section 202 as amended by 2013 PA 264, and by adding article 4A.
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.
Darwin L. Booher
Chairperson
To Report Out:
Yeas: Senators Booher, Nofs, Marleau and Ananich
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 Banking and Financial Institutions submitted the following:
Meeting held on Thursday, June 5, 2014, at 1:30 p.m., Room 100, Farnum Building
Present: Senators Booher (C), Nofs, Green, Marleau and Ananich
Excused: Senators Rocca and Smith
The Committee on Regulatory Reform reported
Senate Bill No. 730, entitled
A bill to amend 2000 PA 92, entitled “Food law,” by amending section 2129 (MCL 289.2129), as amended by 2012 PA 178, and by adding sections 6152 and 6153.
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.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Hune, Pavlov and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
House Bill No. 4688, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by repealing sections 16346, 18351, 18353, 18355, 18357, 18358, 18359, 18361, and 18363 (MCL 333.16346, 333.18351, 333.18353, 333.18355, 333.18357, 333.18358, 333.18359, 333.18361, and 333.18363).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Hune, Meekhof, Pavlov and Warren
Nays: Senator Jones
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting held on Thursday, June 5, 2014, at 1:00 p.m., Room 210, Farnum Building
Present: Senators Rocca (C), Jones, Hune, Meekhof, Pavlov and Warren
Excused: Senator Johnson
COMMITTEE ATTENDANCE REPORT
The Subcommittee on K-12, School Aid, Education submitted the following:
Joint meeting held on Thursday, June 5, 2014, at 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Walker (C), Caswell, Pappageorge and Hopgood
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Natural Resources (SB 774) submitted the following:
Meeting held on Thursday, June 5, 2014, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Green (C), Kahn and Hopgood
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Environmental Quality (SB 766) submitted the following:
Meeting held on Thursday, June 5, 2014, at 2:15 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Green (C), Kahn and Hopgood
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Licensing and Regulatory Affairs (SB 772) submitted the following:
Meeting held on Thursday, June 5, 2014, at 2:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Jansen (C) and Kahn
Excused: Senator Johnson
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Insurance and Financial Services (SB 770) submitted the following:
Meeting held on Thursday, June 5, 2014, at 2:45 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Jansen (C) and Kahn
Excused: Senator Johnson
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Corrections (SB 764) submitted the following:
Meeting held on Thursday, June 5, 2014, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Proos (C), Kahn and Anderson
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Judiciary (SB 771) submitted the following:
Meeting held on Thursday, June 5, 2014, at 3:15 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Proos (C) and Kahn
Excused: Senator Johnson
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Transportation (SB 777) submitted the following:
Meeting held on Thursday, June 5, 2014, at 3:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Pappageorge (C), Kahn and Anderson
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Human Services (SB 769) submitted the following:
Meeting held on Monday, June 9, 2014, at 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Caswell (C) and Kahn
Excused: Senator Gregory
COMMITTEE ATTENDANCE REPORT
The Conference Committee on General Government (SB 767) submitted the following:
Meeting held on Monday, June 9, 2014, at 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Pappageorge (C) and Kahn
Excused: Senator Johnson
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Human Services (SB 769) submitted the following:
Meeting held on Tuesday, June 10, 2014, at 7:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Caswell (C), Kahn and Gregory
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Education Department (SB 765) submitted the following:
Meeting held on Tuesday, June 10, 2014, at 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Walker (C), Kahn and Hopgood
COMMITTEE ATTENDANCE REPORT
The Conference Committee on School Aid (SB 775) submitted the following:
Meeting held on Tuesday, June 10, 2014, at 8:10 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Walker (C), Kahn and Hopgood
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Community Health (SB 763) submitted the following:
Meeting held on Tuesday, June 10, 2014, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Moolenaar (C), Kahn and Gregory
COMMITTEE ATTENDANCE REPORT
The Conference Committee on Community Colleges (SB 762) submitted the following:
Meeting held on Tuesday, June 10, 2014, at 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Booher (C), Kahn and Anderson
Scheduled Meetings
Appropriations - Wednesday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)
Conference Committees -
Education Omnibus (HB 5314) - Wednesday, June 11, 9:45 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-8080)
General Omnibus (HB 5313) - Wednesday, June 11, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-8080)
Judiciary - Thursday, June 12, 9:00 a.m., Room 110, Farnum Building (373-5323)
Michigan Law Revision Commission - Monday, June 23, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0212)
Reforms, Restructuring and Reinventing - Wednesday, June 11, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5323)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 4:26 p.m.
The Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Wednesday, June 11, 2014, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
986 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 987
988 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 989
990 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 991
992 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 993
994 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 995
996 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 997
998 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 999
1000 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1001
1002 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1003
1004 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1005
1006 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1007
1008 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1009
1010 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1011
1012 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1013
1014 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1015
1016 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1017
1018 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1019
1020 JOURNAL OF THE SENATE [June 10, 2014] [No. 55
No. 55] [June 10, 2014] JOURNAL OF THE SENATE 1021
1022