No. 72
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2012
Senate Chamber, Lansing, Tuesday, November 27, 2012.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Anderson—present Hood—present Pappageorge—present
Bieda—present Hopgood—present Pavlov—present
Booher—present Hune—present Proos—present
Brandenburg—present Hunter—present Richardville—present
Casperson—present Jansen—present Robertson—present
Caswell—present Johnson—present Rocca—present
Colbeck—present Jones—present Schuitmaker—present
Emmons—present Kahn—present Smith—present
Gleason—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
Senator Michael L. Nofs of the 19th District offered the following invocation:
Heavenly Father, we ask for Your blessings on this chamber and all who lead our state. We are thankful to live in a nation in which the citizens have the power to choose their leaders and shape policy decisions. Although the elections that took place earlier this month were hard-fought and often contentious, we ask that You enter the hearts of all who serve, and help us to focus on moving forward to create positive opportunities for all of Michigan’s citizens.
Finally, Father, we are thankful for family and fellowship during the holiday season. Please extend Your protection to our servicemen and women and the first responders who will spend the holidays away from their families so that the rest of us can celebrate in peace and safety.
This we pray in the name of Your Son Jesus Christ forever and always. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Senators Smith and Gregory entered the Senate Chamber.
Motions and Communications
Senator Meekhof moved that Senators Pappageorge and Casperson be temporarily excused from today’s session.
The motion prevailed.
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 Bieda moved that Senators Gleason, Hood, Hunter, Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
The following communications were received and read:
Office of the Auditor General
November 9, 2012
Enclosed is a copy of the following audit report:
Performance audit of the Clean Michigan Initiative Environmental Protection Programs, administered by the Department of Environmental Quality.
November 14, 2012
Enclosed is a copy of the following audit report:
Performance audit of the Centralized Information Technology Backup Service, Department of Technology, Management, and Budget.
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, November 8:
House Bill Nos. 5546 5804
The Secretary announced that the following official bill was printed on Thursday, November 8, and is available at the legislative website:
Senate Bill No. 1358
The Secretary announced that the following official bills were printed on Friday, November 9, and are available at the legislative website:
Senate Bill Nos. 1352 1353 1354 1355 1356 1357 1359 1360 1361 1362 1363 1364 1365 1366
1367
House Bill Nos. 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997
5998 5999 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011
6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025
6026 6027 6028 6029 6030 6031
Messages from the Governor
Senators Pappageorge and Casperson entered the Senate Chamber.
The following messages from the Governor were received and read:
August 31, 2012
I respectfully submit to the Senate the following appointment to office:
Director - Michigan Department of Community Health
James K. Haveman of 12471 Jansma Drive, Grand Haven, Michigan 49417, county of Ottawa, is appointed for a term commencing September 1, 2012, and expiring at the pleasure of the Governor.
November 5, 2012
I respectfully submit to the Senate the following appointments to office:
Electrical Administrative Board
David A. Williams of 1422 Lindy Drive, Lansing, Michigan 48917, county of Eaton, representing chief electrical inspectors of a municipality, succeeding himself, is reappointed for a term expiring August 10, 2016.
Robert Kupris of 8731 Glen View Drive, Howell, Michigan 48843, county of Livingston, representing insurance inspection bureaus operating in this state, succeeding David Bushouse, is appointed for a term expiring August 10, 2016.
Alan C. Kuipers of 8913 Waruf Avenue, Portage, Michigan 49002, county of Kalamazoo, representing electrical energy supply agencies operating in this state, succeeding Thelma Dobson, is appointed for a term expiring August 10, 2016.
November 5, 2012
I respectfully submit to the Senate the following appointments to office:
Board of Mechanical Rules
Gerald F. Philo of 16938 White Haven Drive, Northville, Michigan 48168, county of Wayne, representing professional mechanical engineers, succeeding himself, is reappointed for a term expiring October 1, 2016.
Kevin P. Carden of 3300 Parker, Dearborn, Michigan 48124, county of Wayne, representing organized labor representing mechanical trades, succeeding himself, is reappointed for a term expiring October 1, 2016.
Bruce E. Seiler of 29259 Galloway Street, Roseville, Michigan 48066, county of Macomb, representing fire suppression, succeeding Robert Jagenberg, is appointed for a term expiring October 1, 2016.
Richard J. Dvorak of 4461 Lynndale, Saginaw, Michigan 48603, county of Saginaw, representing unlimited service heating and refrigeration, succeeding Raymond Coy, is appointed for a term expiring October 1, 2016.
Craig R. Howson of 679 South 8 Mile Road, Midland, Michigan 48640, county of Midland, representing refrigeration service, succeeding Henry Bartram, is appointed for a term expiring October 1, 2016.
Matthew A. Marsiglio of 21219 Martin Road, St. Clair Shores, Michigan 48081, county of Macomb, representing limited service heating, refrigeration and air conditioning, succeeding William Steele, is appointed for a term expiring October 1, 2016.
November 7, 2012
I respectfully submit to the Senate the following appointments to office:
Talent Investment Board
Patrick J. Devlin of 15799 South Hampton, Livonia, Michigan 48154, county of Wayne, representing labor organizations, succeeding John Hamilton, is appointed for a term expiring at the pleasure of the Governor.
Richard A. Wells of 6109 Pinewood Drive, Midland, Michigan 48640, county of Midland, representing business in Michigan, succeeding Timothy Leuliette, is appointed for a term expiring at the pleasure of the Governor.
November 8, 2012
I respectfully submit to the Senate the following appointment to office:
Great Lakes Protection Fund Board of Directors
Patricia L. Birkholz of 3413 64th Street, Saugatuck, Michigan 49453, county of Allegan, succeeding Richard L. Baird, for a term expiring October 11, 2014.
November 8, 2012
I respectfully submit to the Senate the following appointments to office:
Library of Michigan Board of Trustees
Tara L. Fulton of 6267 Webster Church Road, Dexter, Michigan 48130, county of Washtenaw, representing librarians from a special library, succeeding Elaine Logan, is appointed for a term expiring October 1, 2015.
Judith A. Hauser of 3140 Hidden Ridge Drive, Waterford, Michigan 48328, county of Oakland, representing librarians from a public or private K-12 system, succeeding Barbara Bartlett, is appointed for a term expiring October 1, 2015.
November 13, 2012
I respectfully submit to the Senate the following appointments to office:
Eastern Michigan University Board of Control
Mary C. Treder Lang of 277 Touraine Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, succeeding Roy Wilbanks, is appointed for a term commencing January 1, 2013 and expiring December 31, 2020.
James W. Webb of 16272 Oak Forest Court, Northville, Michigan 48168, county of Wayne, succeeding Thomas Sidlik, is appointed for a term commencing January 1, 2013 and expiring December 31, 2020.
November 14, 2012
I respectfully submit to the Senate the following appointments to office.
Northern Michigan University Board of Control
Steven M. Mitchell of 5034 Champlain Circle, West Bloomfield, Michigan 48323, county of Oakland, succeeding Jack LaSalle, is appointed for a term commencing January 1, 2013 and expiring December 31, 2020.
Thomas H. Zurbuchen of 3542 Windemere Court, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding Brian Cloyd, is appointed for a term commencing January 1, 2013 and expiring December 31, 2020.
November 15, 2012
I respectfully submit to the Senate the following appointments to office:
Ferris State University Board of Control
Erin R. Brown of 589 Aquilla Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Ronald Snead, is appointed for a term commencing on January 1, 2013 and expiring on December 31, 2020.
Lori A. Grizdala of 1109 Carrie Lynn Drive, Bay City, Michigan 48706, county of Bay, succeeding George Menoutes, is appointed for a term commencing on January 1, 2013 and expiring on December 31, 2020.
November 15, 2012
I respectfully submit to the Senate the following appointments to office:
Grand Valley State University Board of Control
John G. Russell of 6254 Pine Hollow Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Noreen Myers, is appointed for a term commencing January 1, 2013 and expiring December 31, 2020.
Mary L. Kramer of 8162 E. Jefferson Avenue, 1A, Detroit, Michigan 48214, county of Wayne, succeeding Kate Pew Wolters, is appointed for a term commencing January 1, 2013 and expiring December 31, 2020.
November 15, 2012
I respectfully submit to the Senate the following appointments to office:
Michigan Technological University Board of Control
Robert J. Jacquart of E. 5318 Jackson Road, Ironwood, Michigan 49938, county of Gogebic, succeeding Kathryn Clark, is appointed for a term commencing January 1, 2013 and expiring December 31, 2020.
Linda D. Kennedy of 2628 Kenwyck Drive, Troy, Michigan 49085, county of Oakland, succeeding Martha Richardson, is appointed for a term commencing January 1, 2013 and expiring December 31, 2020.
November 20, 2012
I respectfully submit to the Senate the following appointments to office:
Michigan Education Trust Board of Directors
Sarah Richardville of 13250 Strong Boulevard, South Rockwood, Michigan 48179, county of Monroe, nominee of the Senate Majority Leader, succeeding Gregory Clevenger, is appointed for a term expiring December 31, 2014.
Ronald Wiser of 96 Chicago Avenue, South Haven, Michigan 49090, county of Van Buren, nominee of the Speaker of the House, succeeding Marlene Davis, is appointed for a term expiring December 31, 2014.
Cheryl Bartholic of 3743 Kiskadee, East Lansing, Michigan 48823, county of Ingham, representing persons with knowledge, skills, and experience in the academic, business, or financial fields, succeeding Donat Leclair, is appointed for a term expiring December 31, 2014.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
The following message from the Governor was received and read:
November 20, 2012
Due to an error on the letter dated November 15, 2012, please be advised of the following correction appearing in bold print.
Ferris State University Board of Control
Erin R. Brown of 589 Aquilla Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Ronald Snead, is appointed for a term commencing on January 1, 2013 and expiring on December 31, 2020.
Lori A. Gwizdala of 1109 Carrie Lynn Drive, Bay City, Michigan 48706, county of Bay, succeeding George Menoutes, is appointed for a term commencing on January 1, 2013 and expiring on December 31, 2020.
Sincerely,
Rick Snyder
Governor
The message was referred to the Committee on Government Operations.
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.
11:34 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Hood, Gleason, Young, Hunter and Johnson entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Gregory as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 909, entitled
A bill to provide for certain regional transit authorities; to provide regional public transportation; to prescribe certain powers and duties of a regional transit authority and of certain state agencies and officials; to authorize the levy of an assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts.
Substitute (S-7).
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. 911, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2011 PA 159, and by adding section 801j.
Substitute (S-2).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 15, line 25, after “THE” by striking out “SOUTHEAST MICHIGAN”.
2. Amend page 16, line 7, after “THE” by striking out “SOUTHEAST MICHIGAN”.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:
Senate Bill No. 912, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2011 PA 113.
The following is the amendment recommended by the Committee of the Whole:
1. Amend page 1, line 5, after “THE” by striking out “SOUTHEAST MICHIGAN”.
The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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. 967, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1 (MCL 247.651), as amended by 2008 PA 303.
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. 445, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10c, 10h, 10l, and 10n (MCL 247.660c, 247.660h, 247.660l, and 247.660n), section 10c as amended by 2010 PA 257, section 10h as amended by 2002 PA 498, section 10l as amended by 1987 PA 234, and section 10n as amended by 2002 PA 329.
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
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. 909
Senate Bill No. 911
Senate Bill No. 912
Senate Bill No. 967
Senate Bill No. 445
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 11:43 a.m.
11:57 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
Recess
Senator Meekhof moved that the Senate recess until 1:30 p.m.
The motion prevailed, the time being 11:58 a.m.
The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.
The Assistant President pro tempore, Senator Hansen, assumed the Chair.
The following bill was read a third time:
Senate Bill No. 909, entitled
A bill to provide for certain regional transit authorities; to provide regional public transportation; to prescribe certain powers and duties of a regional transit authority and of certain state agencies and officials; to authorize the levy of an assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Anderson offered the following amendment:
1. Amend page 6, line 26, after “be” by striking out the balance of the sentence and inserting “chosen from a list of 3 individuals provided by the commission of the qualified county.”.
The question being on the adoption of the amendment,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 911, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2011 PA 159, and by adding section 801j.
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. 747 Yeas—22
Bieda Hansen Johnson Richardville
Booher Hildenbrand Kahn Smith
Casperson Hood Kowall Walker
Emmons Hopgood Pappageorge Warren
Gleason Hunter Proos Whitmer
Gregory Jansen
Nays—15
Brandenburg Hune Moolenaar Rocca
Caswell Jones Nofs Schuitmaker
Colbeck Marleau Pavlov Young
Green Meekhof Robertson
Excused—0
Not Voting—1
Anderson
In The Chair: Hansen
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 912, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 205 (MCL 125.3205), as amended by 2011 PA 113.
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. 748 Yeas—23
Anderson Gregory Jansen Richardville
Bieda Hansen Johnson Smith
Booher Hildenbrand Kahn Walker
Casperson Hood Kowall Warren
Emmons Hopgood Pappageorge Whitmer
Gleason Hunter Proos
Nays—15
Brandenburg Hune Moolenaar Rocca
Caswell Jones Nofs Schuitmaker
Colbeck Marleau Pavlov Young
Green Meekhof Robertson
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 967, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1 (MCL 247.651), as amended by 2008 PA 303.
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. 749 Yeas—23
Anderson Gregory Jansen Richardville
Bieda Hansen Johnson Smith
Booher Hildenbrand Kahn Walker
Casperson Hood Kowall Warren
Emmons Hopgood Pappageorge Whitmer
Gleason Hunter Proos
Nays—15
Brandenburg Hune Moolenaar Rocca
Caswell Jones Nofs Schuitmaker
Colbeck Marleau Pavlov Young
Green Meekhof Robertson
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 445, entitled
A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10b, 10c, 10d, 10e, 10h, 10l, and 10n (MCL 247.660b, 247.660c, 247.660d, 247.660e, 247.660h, 247.660l, and 247.660n), section 10b as amended by 1982 PA 438, section 10c as amended by 2010 PA 257, section 10e as amended by 2008 PA 487, section 10h as amended by 2002 PA 498, section 10l as amended by 1987 PA 234, and section 10n as amended by 2002 PA 329.
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. 750 Yeas—23
Anderson Gregory Jansen Richardville
Bieda Hansen Johnson Smith
Booher Hildenbrand Kahn Walker
Casperson Hood Kowall Warren
Emmons Hopgood Pappageorge Whitmer
Gleason Hunter Proos
Nays—15
Brandenburg Hune Moolenaar Rocca
Caswell Jones Nofs Schuitmaker
Colbeck Marleau Pavlov Young
Green Meekhof Robertson
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 909, entitled
A bill to provide for certain regional transit authorities; to provide regional public transportation; to prescribe certain powers and duties of a regional transit authority and of certain state agencies and officials; to authorize the levy of an assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts.
(This bill was read a third time earlier today, amendment offered and consideration postponed. See p. 2245.)
The question being on the adoption of the amendment offered by Senator Anderson,
Senator Anderson withdrew the amendment.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 1:46 p.m.
1:52 p.m.
The Senate was called to order by the Assistant President pro tempore, Senator Hansen.
Senator Hildenbrand offered the following amendments:
1. Amend page 36, line 20, after “general” by striking out “or special”.
2. Amend page 36, line 20, after “on” by striking out “a regular date” and inserting “the regular November election date”.
3. Amend page 36, line 20, after “in” by inserting “section 641(1)(d) of”.
4. Amend page 36, line 21, after “1954 PA 116,” by striking out “MCL 168.1 to 168.992” and inserting “MCL 168.641”.
The question being on the adoption of the amendments,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
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. 115
Senate Concurrent Resolution No. 26
Senate Resolution No. 34
Senate Resolution No. 85
Senate Resolution No. 105
House Concurrent Resolution No. 29
Senate Resolution No. 112
House Concurrent Resolution No. 6
Senate Resolution No. 120
Senate Resolution No. 127
Senate Concurrent Resolution No. 27
The motion prevailed.
Senator Richardville offered the following concurrent resolution:
Senate Concurrent Resolution No. 35.
A concurrent resolution of tribute offered as a memorial for Hal W. Ziegler, former member of the House of Representatives and the Senate.
Whereas, The members of the Michigan Legislature were saddened to learn of the recent passing of Hal Ziegler. An inspired and energetic lawmaker and politically active to the very end, he will be remembered for his intelligence, humor, and strong belief in working together, regardless of political affiliation, to solve the problems facing our state and nation; and
Whereas, Upon graduation from Jackson High School, Hal Ziegler would go on to earn his bachelor’s degree from Hillsdale College and a law degree from Wayne State University. He proudly served our country in the 1950s as a member of the U.S. Army and would later serve as an assistant prosecuting attorney and circuit court commissioner in Jackson County. Lead by his passion for politics, he was first elected to the Michigan House of Representatives in 1966. Eight years later, he would move on to the Michigan Senate; and
Whereas, For twelve years, Hal Ziegler worked hard to represent the interests of the residents of his native Jackson County and the surrounding counties. He served on the Judiciary Committee in both chambers as well as committees dealing with elections, urban affairs, commerce, and veterans affairs. Smart and witty, he had the ability to work with colleagues on both sides of the aisle to achieve solutions that benefited every Michigander; and
Whereas, Hal Ziegler’s passion for politics did not end when he left the Legislature. He remained politically involved until his death. Most recently, he had become active in the “No Labels” movement, championing bipartisan cooperation to solve our nation’s problems, and had begun participating in a weekly news radio segment offering his perspective on issues and answering questions; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Hal W. Ziegler, a member of the House of Representatives from 1967 to 1974 and a member of the Senate from 1975 to 1978; and be it further
Resolved, That copies of this resolution be transmitted to the Ziegler family as evidence of our lasting esteem for his memory and contributions.
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 resolution was adopted by a unanimous standing vote of the Senate.
Senator Meekhof moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the concurrent resolution.
The motion prevailed, a majority of the members serving voting therefor.
Call of the Senate
Senator Meekhof moved that there be a Call of the Senate.
The motion prevailed, a majority of the members voting therefor, the time being 2:03 p.m.
Proceedings under the Call
The roll was called by the Secretary of the Senate and no Senators were reported absent.
Senator Meekhof moved that the Senate proceed with business under the Call.
The motion prevailed.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Meekhof moved that consideration of the following bill be postponed for today:
Senate Bill No. 409
The motion prevailed.
Senate Bill No. 797, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 12b, 12c, 13, 14, 15, 17, 19, 19a, 20c, 20d, 20h, 20k, and 20m (MCL 38.1132b, 38.1132c, 38.1133, 38.1134, 38.1135, 38.1137, 38.1139, 38.1139a, 38.1140c, 38.1140d, 38.1140h, 38.1140k, and 38.1140m), sections 12b, 12c, 14, 17, and 20c as amended by 2000 PA 307, section 13 as amended by 2009 PA 84, section 15 as amended and section 20k as added by 1996 PA 485, sections 19 and 20d as amended and section 19a as added by 2008 PA 425, section 20h as amended by 2002 PA 728, and section 20m as amended by 2007 PA 22, and by adding sections 13e, 13f, and 21.
(This bill was returned from the House without amendment on September 20 and the recommendation for immediate effect postponed. See Senate Journal No. 67, p. 2046.)
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was not concurred in, 2/3 of the Senators serving not voting therefor.
The Senate agreed to the full title.
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
Senators Caswell, Colbeck, Proos, Emmons, Nofs, Jansen, Robertson and Pappageorge introduced
Senate Bill No. 1368, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending section 2 (MCL 124.502), as amended by 2002 PA 439, and by adding sections 4a, 4b, 4c, 7a, 9a, 9b, 10a, 10b, and 10c.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
Senators Caswell, Colbeck, Anderson, Hildenbrand, Booher, Nofs, Emmons, Jansen, Robertson, Proos, Pappageorge and Hansen introduced
Senate Bill No. 1369, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2012 PA 203, and by adding section 732b.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Hansen, Casperson and Walker introduced
Senate Bill No. 1370, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81101, 81129, and 81130 (MCL 324.81101, 324.81129, and 324.81130), section 81101 as amended by 2012 PA 246, section 81129 as amended by 2008 PA 240, and section 81130 as amended by 2004 PA 587.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Senator Jansen introduced
Senate Bill No. 1371, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2007 PA 86.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Jansen introduced
Senate Bill No. 1372, entitled
A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending sections 31 and 35 (MCL 338.3541 and 338.3545), as amended by 2008 PA 370.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Jansen introduced
Senate Bill No. 1373, entitled
A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 10 (MCL 338.980), as amended by 2008 PA 372.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Jansen introduced
Senate Bill No. 1374, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3 (MCL 338.883), as amended by 2008 PA 371.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Jansen introduced
Senate Bill No. 1375, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2008 PA 402.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Jansen introduced
Senate Bill No. 1376, entitled
A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending section 13 (MCL 338.2313), as amended by 2008 PA 373.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senator Hildenbrand introduced
Senate Bill No. 1377, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302 (MCL 324.41302), as added by 2009 PA 52.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senators Nofs and Jansen introduced
Senate Bill No. 1378, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), as amended by 2009 PA 225.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Nofs and Jansen introduced
Senate Bill No. 1379, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 2011 PA 266.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Jansen and Nofs introduced
Senate Bill No. 1380, entitled
A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 3 (MCL 550.53), as amended by 2009 PA 224.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Jansen and Nofs introduced
Senate Bill No. 1381, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3107b, 3405, 3475, and 3631 (MCL 500.3107b, 500.3405, 500.3475, and 500.3631), section 3107b as amended by 2009 PA 222 and sections 3405, 3475, and 3631 as amended by 2009 PA 227.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Jones, Kahn and Robertson introduced
Senate Bill No. 1382, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Jones, Kahn and Robertson introduced
Senate Bill No. 1383, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 32 and 33 to chapter IX.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Johnson, Gregory, Young, Smith and Hood introduced
Senate Bill No. 1384, entitled
A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 496.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Johnson introduced
Senate Bill No. 1385, entitled
A bill to amend 1966 PA 293, entitled “An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies,” (MCL 45.501 to 45.521) by adding section 11b.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
House Bill No. 5546, entitled
A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 9a, 10, 12, 13, 14, 15, 16, 17, 18, 19, 19a, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 32 (MCL 431.302, 431.303, 431.304, 431.306, 431.307, 431.308, 431.309, 431.309a, 431.310, 431.312, 431.313, 431.314, 431.315, 431.316, 431.317, 431.318, 431.319, 431.319a, 431.320, 431.321, 431.322, 431.323, 431.324, 431.325, 431.326, 431.327, 431.328, 431.329, and 431.332), sections 2 and 4 as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by 2000 PA 164, section 9a as added by 1997 PA 73, sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, section 16 as amended by 2005 PA 7, and section 20 as amended by 2006 PA 185; and to repeal acts and parts of acts.
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. 5804, entitled
A bill to create the Michigan indigent defense commission and to provide for its powers and duties; to provide for constitutionally effective assistance of counsel to represent indigent defendants in criminal cases; to provide standards for the appointment of legal counsel; and to provide for certain appropriations.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 909, entitled
A bill to provide for certain regional transit authorities; to provide regional public transportation; to prescribe certain powers and duties of a regional transit authority and of certain state agencies and officials; to authorize the levy of an assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts.
(This bill was announced earlier today, amendments offered and consideration postponed. See p. 2249.)
The question being on the adoption of the amendments offered by Senator Hildenbrand,
The amendments were adopted, a majority of the members serving voting therefor.
Senator Warren offered the following amendment:
1. Amend page 35, following line 1, by inserting:
“(13) Prior to becoming the designated recipient for state and federal funds under subsection (1), the authority shall enter into a memorandum of understanding with any public transit provider in the public transit region that is a direct recipient of federal funds on the effective date of this act describing, at a minimum, the process and relative roles of the authority and any transit agency that is a direct recipient of federal funds in the development, approval, and modification of long-term and short-term plans, projects, applications, and grants for federal funds.”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Anderson offered the following amendment:
1. Amend page 6, line 24, after “individuals” by striking out the balance of the subdivision and inserting a comma and “with 1 individual appointed by the county executive of the qualified county within the public transit region and 1 individual appointed by the board of commissioners of the qualified county within the public transit region. The individual appointed by the board of commissioners under this subdivision shall be selected from a list of 3 individuals provided by the county executive of the qualified county within the public transit region.”.
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. 751 Yeas—5
Anderson Colbeck Gleason Hopgood
Bieda
Nays—31
Booher Hildenbrand Kowall Richardville
Brandenburg Hood Marleau Robertson
Casperson Hune Meekhof Rocca
Caswell Hunter Moolenaar Schuitmaker
Emmons Jansen Nofs Smith
Green Johnson Pappageorge Walker
Gregory Jones Pavlov Warren
Hansen Kahn Proos
Excused—0
Not Voting—2
Whitmer Young
In The Chair: Hansen
Senator Anderson offered the following amendment:
1. Amend page 36, line 22, after “electors” by inserting “in a majority of the cities, villages, or townships that are members of the authority”.
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. 752 Yeas—15
Anderson Gleason Hood Rocca
Bieda Green Hopgood Schuitmaker
Brandenburg Gregory Marleau Smith
Colbeck Hansen Robertson
Nays—21
Booher Hunter Kowall Pavlov
Casperson Jansen Meekhof Proos
Caswell Johnson Moolenaar Richardville
Emmons Jones Nofs Walker
Hildenbrand Kahn Pappageorge Warren
Hune
Excused—0
Not Voting—2
Whitmer Young
In The Chair: Hansen
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. 753 Yeas—22
Anderson Gregory Jansen Richardville
Bieda Hansen Johnson Smith
Booher Hildenbrand Kahn Walker
Casperson Hood Kowall Warren
Emmons Hopgood Proos Whitmer
Gleason Hunter
Nays—16
Brandenburg Hune Moolenaar Robertson
Caswell Jones Nofs Rocca
Colbeck Marleau Pappageorge Schuitmaker
Green Meekhof Pavlov Young
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 1021
Senate Bill No. 1022
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 1021, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2150 and 2153 (MCL 324.2150 and 324.2153), section 2150 as amended by 1996 PA 585 and section 2153 as amended by 2004 PA 513.
The question being on the passage of the bill,
Senator Casperson offered the following substitute:
Substitute (S-3).
The substitute was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 754 Yeas—25
Booher Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Jansen Moolenaar Robertson
Emmons Jones Nofs Schuitmaker
Gleason Kahn Pappageorge Walker
Green Kowall Pavlov Young
Hansen
Nays—13
Anderson Gregory Hunter Smith
Bieda Hood Johnson Warren
Brandenburg Hopgood Rocca Whitmer
Colbeck
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1022, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2154 and 51106 (MCL 324.2154 and 324.51106), section 2154 as amended by 2011 PA 118 and section 51106 as amended by 2006 PA 382.
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. 755 Yeas—25
Booher Hildenbrand Marleau Proos
Casperson Hune Meekhof Richardville
Caswell Jansen Moolenaar Robertson
Emmons Jones Nofs Schuitmaker
Gleason Kahn Pappageorge Walker
Green Kowall Pavlov Young
Hansen
Nays—13
Anderson Gregory Hunter Smith
Bieda Hood Johnson Warren
Brandenburg Hopgood Rocca Whitmer
Colbeck
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
Senator Meekhof moved that the Call of the Senate be lifted.
The motion prevailed.
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 Assistant President pro tempore, Senator Hansen, designated Senator Gregory as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 1145, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17048 and 17548 (MCL 333.17048 and 333.17548), as amended by 2011 PA 210.
Senate Bill No. 1240, entitled
A bill to provide protection from civil liability to persons that provide court-appointed social services.
Senate Bill No. 1242, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 2a and 10 (MCL 722.112a and 722.120), section 2a as amended by 2007 PA 217 and section 10 as amended by 2006 PA 206.
Senate Bill No. 1316, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17048 (MCL 333.17048), as amended by 2011 PA 210.
Senate Bill No. 1317, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 721 (MCL 339.721), as amended by 2005 PA 278.
Senate Bill No. 1318, entitled
A bill to amend 1907 PA 101, entitled “An act to regulate the carrying on of business under an assumed or fictitious name,” by amending section 4 (MCL 445.4), as amended by 1990 PA 111.
Senate Bill No. 1319, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 102 and 902 (MCL 450.4102 and 450.4902), section 102 as amended by 2010 PA 290 and section 902 as amended by 2010 PA 126.
Senate Bill No. 1320, entitled
A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 105, 106, 108, 109, 123, 201, 202, 211, 241, 405, 488, 528, 564b, 565, 569, 611, 631, 641, 642, 643, 703a, 753, 762, 776, 781, 784, 804, 911, 1021, 1035, and 1041 (MCL 450.1105, 450.1106, 450.1108, 450.1109, 450.1123, 450.1201, 450.1202, 450.1211, 450.1241, 450.1405, 450.1488, 450.1528, 450.1564b, 450.1565, 450.1569, 450.1611, 450.1631, 450.1641, 450.1642, 450.1643, 450.1703a, 450.1753, 450.1762, 450.1776, 450.1781, 450.1784, 450.1804, 450.1911, 450.2021, 450.2035, and 450.2041), sections 105, 123, 405, 488, 703a, and 753 as amended by 2001 PA 57, section 106 as amended by 2006 PA 68, sections 108, 202, 804, and 1035 as amended by 1989 PA 121, sections 109, 565, 643, and 1021 as amended by 1993 PA 91, sections 201, 211, 241, 564b, and 762 as amended by 2008 PA 402, section 528 as amended by 2006 PA 65, section 569 as amended by 1987 PA 1, section 611 as amended by 2006 PA 64, sections 631, 641, and 1041 as amended by 1997 PA 118, section 642 as amended by 1982 PA 407, sections 776, 781, and 784 as amended by 1989 PA 31, and section 911 as amended by 2007 PA 182, and by adding section 529 and chapter 2A; and to repeal acts and parts of acts.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1043, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2559 (MCL 600.2559), as amended by 2003 PA 243.
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.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 2:49 p.m.
2:56 p.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved to reconsider the vote by which the following bill was passed:
Senate Bill No. 909, entitled
A bill to provide for certain regional transit authorities; to provide regional public transportation; to prescribe certain powers and duties of a regional transit authority and of certain state agencies and officials; to authorize the levy of an assessment and to provide for the issuance of bonds and notes; to collect certain taxes; to make appropriations; to provide for the pledge of assessment revenues and other funds for bond and note payments; and to repeal acts and parts of acts.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 756 Yeas—24
Anderson Gregory Jansen Proos
Bieda Hansen Johnson Richardville
Booher Hildenbrand Kahn Smith
Casperson Hood Kowall Walker
Emmons Hopgood Nofs Warren
Gleason Hunter Pappageorge Whitmer
Nays—14
Brandenburg Hune Moolenaar Rocca
Caswell Jones Pavlov Schuitmaker
Colbeck Marleau Robertson Young
Green Meekhof
Excused—0
Not Voting—0
In The Chair: Schuitmaker
Committee Reports
The Committee on Judiciary reported
Senate Bill No. 1315, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 36 (MCL 791.236), as amended by 2011 PA 165.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Rocca and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No. 1321, entitled
A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” (MCL 338.1051 to 338.1092) by adding section 17a.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Rocca and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Thursday, November 8, 2012, at 9:00 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Jones (C), Rocca and Bieda
Excused: Senator Schuitmaker
The Committee on Finance reported
Senate Bill No. 1298, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2012 PA 217.
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, Robertson and Bieda
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 1337, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4q (MCL 205.54q), as amended by 2004 PA 173.
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.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, 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. 5678, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2008 PA 438.
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, Robertson, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Thursday, November 8, 2012, at 8:00 a.m., Room 100, Farnum Building
Present: Senators Brandenburg (C), Jansen, Pappageorge, Robertson, Bieda and Warren
Excused: Senator Proos
The Committee on Natural Resources, Environment and Great Lakes reported
Senate Bill No. 1350, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40118, 43503, and 43507 (MCL 324.40103, 324.40118, 324.43503, and 324.43507), section 40103 as amended by 2000 PA 191, section 40118 as amended by 2000 PA 347, section 43503 as added by 1995 PA 57, and section 43507 as amended by 1996 PA 585, and by adding sections 40110b and 43528b.
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.
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Meeting held on Thursday, November 8, 2012, at 8:00 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof, Warren and Hood
The Committee on Outdoor Recreation and Tourism reported
Senate Bill No. 1340, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2004 PA 587.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Meekhof, Moolenaar, Gleason and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Outdoor Recreation and Tourism reported
Senate Bill No. 1341, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 73109 and 73110 (MCL 324.73109 and 324.73110), as amended by 1998 PA 546.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Meekhof, Moolenaar, Gleason and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Outdoor Recreation and Tourism reported
Senate Bill No. 1348, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43559 (MCL 324.43559), as amended by 1998 PA 95, and by adding section 1616.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Meekhof, Moolenaar and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Outdoor Recreation and Tourism submitted the following:
Meeting held on Thursday, November 8, 2012, at 9:00 a.m., Room 100, Farnum Building
Present: Senators Hansen (C), Hildenbrand, Meekhof, Moolenaar, Gleason and Young
Excused: Senator Casperson
The Committee on Local Government and Elections reported
Senate Bill No. 810, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 4, 381, and 642a (MCL 168.4, 168.381, and 168.642a), section 4 as amended by 2010 PA 181, section 381 as amended by 2010 PA 184, and section 642a as amended by 2010 PA 222; 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.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Meekhof and Brandenburg
Nays: Senator Young
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local Government and Elections reported
Senate Bill No. 811, entitled
A bill to amend 1895 PA 3, entitled “The general law village act,” by amending sections 4 and 5 of chapter II and section 3 of chapter V (MCL 62.4, 62.5, and 65.3), section 4 of chapter II and section 3 of chapter V as amended by 2003 PA 305 and section 5 of chapter II as amended by 2004 PA 300.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Meekhof, Brandenburg and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government and Elections reported
Senate Bill No. 1299, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567a (MCL 600.2567a), as amended by 2006 PA 662.
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.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Meekhof and Brandenburg
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local Government and Elections reported
Senate Bill No. 1300, entitled
A bill to amend 1990 PA 345, entitled “State survey and remonumentation act,” by amending sections 8, 12, and 15 (MCL 54.268, 54.272, and 54.275), section 8 as amended by 2002 PA 489 and section 12 as amended by 2010 PA 260.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Meekhof and Brandenburg
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government and Elections submitted the following:
Meeting held on Thursday, November 8, 2012, at 2:30 p.m., Room 100, Farnum Building
Present: Senators Robertson (C), Meekhof, Brandenburg and Young
COMMITTEE ATTENDANCE REPORT
The Joint Committee on Administrative Rules submitted the following:
Meeting held on Tuesday, November 27, 2012, at 12:30 p.m., Room 405, Capitol Building
Present: Senators Pappageorge, Meekhof, Marleau, Hunter and Johnson
Scheduled Meetings
Appropriations -
Subcommittee -
K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, December 6, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Banking and Financial Institutions - Thursday, November 29, 1:30 p.m., Room 100, Farnum Building (373-5312)
Education - Wednesday, November 28, 7:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314)
Finance - Wednesday, November 28, 8:00 a.m., Room 210, Farnum Building (373-5312)
Natural Resources, Environment and Great Lakes - Thursday, November 29, 8:30 a.m., Room 210, Farnum Building (373-5323)
Reforms, Restructuring and Reinventing - Wednesday, November 28, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-5307)
Regulatory Reform - Thursday, November 29, 12:30 p.m., Room 110, Farnum Building (373-5314)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 3:00 p.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, November 28, 2012, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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