No. 94
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2011
Senate Chamber, Lansing, Thursday, December 1, 2011.
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—excused Whitmer—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Pastor Victor Jones of Greater Philadelphia Church of God in Christ of Highland Park offered the following invocation:
Heavenly Father, in the name of Jesus, we come to You right now, Lord. We ask You to bless the Congress, Lord. Bless this city and this body, Lord. Look on the Governor, look on the Lieutenant Governor, look on each and every Senator, and even the Representatives, Lord. Bless them with guidance and strength as they go forth to do Your business. Strengthen their families, and strengthen them as they represent the people of this great state, Lord.
We thank You for what You have done, and we thank You for what You are going to 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.
Motions and Communications
Senator Green entered the Senate Chamber.
Senator Hopgood moved that Senators Hood and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Pavlov moved that Senator Meekhof be excused from today’s session.
The motion prevailed.
Senator Pavlov moved that rule 3.902 be suspended to allow the guests of Senators Robertson and Hansen admittance to the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator Pavlov moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Pavlov moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:05 a.m.
10:15 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senator Hansen introduced representatives of Muskegon Community College: President Dale Nesbary, Ph.D., and the Board of Trustees, Dr. Don Crandall, Chair; Vice Chair Ann Oakes; Treasurer Dorothy Lester; and Trustees Roy Portenga, Sean Mullally, and Diana Osborn; celebrating its 85th anniversary and presented them with a Special Tribute.
Dr. Nesbary responded briefly.
During the recess, Senators Young and Hood entered the Senate Chamber.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, November 30:
House Bill Nos. 4029 4030 4031 4907 4909 4910 4911 4912 5125 5126
The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, November 30, for his approval the following bill:
Enrolled Senate Bill No. 759 at 9:38 a.m.
The Secretary announced that the following official bills were printed on Wednesday, November 30, and are available at the legislative website:
Senate Bill Nos. 826 827 828 850 851 852 853 854 855
House Bill Nos. 5177 5178 5179 5180 5181 5182 5183 5184 5185 5186 5187
Recess
Senator Pavlov moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:17 a.m.
10:52 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
Senator Pavlov moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 806
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Governor
The following message from the Governor was received and read:
November 29, 2011
I respectfully submit to the Senate the following appointment to office:
Michigan Board of Optometry
Robert L. Perino of 10766 Wildwood Road, Shelbyville, Michigan 49344, county of Barry, representing the general public, succeeding Winifred Motherwell, is appointed for a term expiring June 30, 2015.
Sincerely,
Rick Snyder
Governor
The appointment was referred to the Committee on Government Operations.
Messages from the House
Senator Pavlov moved that consideration of the following bills be postponed for today:
Senate Bill No. 291
House Bill No. 4369
The motion prevailed.
Senate Bill No. 556, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 5, 88b, and 88h (MCL 125.2005, 125.2088b, and 125.2088h), section 5 as amended by 2008 PA 224, section 88b as amended by 2011 PA 3, and section 88h as added by 2005 PA 225, and by adding section 88r.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1984 PA 270, entitled “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,” by amending section 88b (MCL 125.2088b), as amended by 2011 PA 3, and by adding section 88r.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 566, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 5, 88c, and 88h (MCL 125.2005, 125.2088c, and 125.2088h), section 5 as amended by 2008 PA 224 and sections 88c and 88h as added by 2005 PA 225.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 567, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8C.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 568, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding sections 90c and 90d.
The House of Representatives has substituted (H-4) the bill.
The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No. 644, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 8 (MCL 12.258), as amended by 2009 PA 183.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
Senator Pavlov moved that further consideration of the bill be postponed for today.
The motion prevailed.
Senate Bill No. 166, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2010 PA 155.
Substitute (H-8).
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. 719 Yeas—37
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green
Nays—0
Excused—1
Meekhof
Not Voting—0
In The Chair: President
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
General Orders
Senator Pavlov 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 Jansen as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 768, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411w.
Senate Bill No. 769, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2010 PA 278.
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:
House Bill No. 4394, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 27c.
Substitute (S-3).
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. 484, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending the title and section 2 (MCL 421.2) and by adding sections 10a and 26a.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 8, line 13, after “MCL 12.194” by striking out the balance of the line through “ACT” on line 14.
The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 483, entitled
A bill to authorize the issuance of bonds, notes, or other financial instruments; to create funds and accounts; to create an authority; to prescribe the powers and duties of the authority, the state treasurer, and certain other state officials and state employees; and to make appropriations and prescribe certain conditions for the appropriations.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Pavlov moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:
Senate Bill No. 768
Senate Bill No. 769
The motion prevailed, a majority of the members serving voting therefor.
Senator Pavlov moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 768
Senate Bill No. 769
Senate Bill No. 557
Senate Bill No. 558
Senate Bill No. 559
Senate Bill No. 560
Senate Bill No. 725
Senate Bill No. 789
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 768, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411w.
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. 720 Yeas—37
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green
Nays—0
Excused—1
Meekhof
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. 769, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2010 PA 278.
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. 721 Yeas—37
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green
Nays—0
Excused—1
Meekhof
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. 557, entitled
A bill to provide procedures to determine the paternity of children in certain circumstances; to allow acknowledgments, determinations, and judgments relating to paternity to be set aside in certain circumstances; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.
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. 722 Yeas—37
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green
Nays—0
Excused—1
Meekhof
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Brandenburg, Casperson, Emmons, Hansen, Hildenbrand, Hopgood, Johnson, Kowall, Marleau, Moolenaar, Nofs, Pappageorge, Proos and Richardville were named co‑sponsors of the bill.
The following bill was read a third time:
Senate Bill No. 558, entitled
A bill to amend 1996 PA 305, entitled “Acknowledgment of parentage act,” by amending section 7 (MCL 722.1007), as amended by 2006 PA 105; 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. 723 Yeas—37
Anderson Gregory Jones Richardville
Bieda Hansen Kahn Robertson
Booher Hildenbrand Kowall Rocca
Brandenburg Hood Marleau Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green
Nays—0
Excused—1
Meekhof
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Brandenburg, Casperson, Emmons, Green, Gregory, Hansen, Hildenbrand, Hopgood, Jansen, Kowall, Marleau, Moolenaar, Nofs, Pappageorge, Proos and Richardville were named co‑sponsors of the bill.
The following bill was read a third time:
Senate Bill No. 559, entitled
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending section 10 (MCL 722.720), as amended by 2001 PA 109.
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. 724 Yeas—36
Anderson Green Johnson Proos
Bieda Gregory Jones Richardville
Booher Hansen Kahn Robertson
Brandenburg Hildenbrand Kowall Rocca
Casperson Hood Marleau Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Warren
Emmons Hunter Pappageorge Whitmer
Gleason Jansen Pavlov Young
Nays—0
Excused—1
Meekhof
Not Voting—1
Smith
In The Chair: President
The Senate agreed to the title of the bill.
Senators Emmons, Hansen, Hildenbrand, Hopgood, Jansen, Kahn, Kowall, Moolenaar, Nofs, Pappageorge and Proos were named co‑sponsors of the bill.
The following bill was read a third time:
Senate Bill No. 560, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2114 (MCL 700.2114), as amended by 2004 PA 314.
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. 725 Yeas—36
Anderson Green Johnson Proos
Bieda Gregory Jones Richardville
Booher Hansen Kahn Robertson
Brandenburg Hildenbrand Kowall Rocca
Casperson Hood Marleau Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Warren
Emmons Hunter Pappageorge Whitmer
Gleason Jansen Pavlov Young
Nays—0
Excused—1
Meekhof
Not Voting—1
Smith
In The Chair: President
The Senate agreed to the title of the bill.
Senators Brandenburg, Casperson, Emmons, Hansen, Hildenbrand, Hopgood, Hune, Jansen, Kahn, Kowall, Marleau, Moolenaar, Nofs, Pappageorge, Pavlov, Proos and Richardville were named co‑sponsors of the bill.
The following bill was read a third time:
Senate Bill No. 725, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 34c (MCL 211.7dd and 211.34c), section 7dd as amended by 2010 PA 17 and section 34c as amended by 2006 PA 646.
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. 726 Yeas—36
Anderson Green Johnson Proos
Bieda Gregory Jones Richardville
Booher Hansen Kahn Robertson
Brandenburg Hildenbrand Kowall Rocca
Casperson Hood Marleau Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Warren
Emmons Hunter Pappageorge Whitmer
Gleason Jansen Pavlov Young
Nays—0
Excused—1
Meekhof
Not Voting—1
Smith
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 1978 PA 368, entitled “Public health code,” by amending sections 2251, 7201, 7202, 7203, and 7204 (MCL 333.2251, 333.7201, 333.7202, 333.7203, and 333.7204), section 7204 as amended by 1994 PA 38.
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. 727 Yeas—36
Anderson Green Johnson Proos
Bieda Gregory Jones Richardville
Booher Hansen Kahn Robertson
Brandenburg Hildenbrand Kowall Rocca
Casperson Hood Marleau Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Warren
Emmons Hunter Pappageorge Whitmer
Gleason Jansen Pavlov Young
Nays—0
Excused—1
Meekhof
Not Voting—1
Smith
In The Chair: President
The Senate agreed to the title of the bill.
Senator Pavlov 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:
House Bill No. 4394
Senate Bill No. 483
Senate Bill No. 484
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No. 4394, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 27c.
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. 728 Yeas—25
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green
Nays—11
Anderson Gregory Hunter Whitmer
Bieda Hood Johnson Young
Gleason Hopgood Warren
Excused—1
Meekhof
Not Voting—1
Smith
In The Chair: President
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 members serving not voting therefor.
Senator Pavlov moved that the bill be given immediate effect.
The question being on the motion to give the bill immediate effect,
Senator Pavlov moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 483, entitled
A bill to authorize the issuance of bonds, notes, or other financial instruments; to create funds and accounts; to prescribe the powers and duties of the authority, the state treasurer, and certain other state officials and state employees; and to make appropriations and prescribe certain conditions for the appropriations.
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. 729 Yeas—35
Anderson Green Johnson Proos
Bieda Gregory Jones Richardville
Booher Hansen Kahn Robertson
Brandenburg Hildenbrand Kowall Rocca
Casperson Hood Marleau Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Warren
Emmons Hunter Pappageorge Whitmer
Gleason Jansen Pavlov
Nays—1
Young
Excused—1
Meekhof
Not Voting—1
Smith
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 484, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending the title and section 2 (MCL 421.2) and by adding sections 10a and 26a.
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. 730 Yeas—34
Anderson Green Jones Proos
Bieda Gregory Kahn Richardville
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hood Moolenaar Schuitmaker
Caswell Hopgood Nofs Walker
Colbeck Hune Pappageorge Warren
Emmons Hunter Pavlov Whitmer
Gleason Jansen
Nays—2
Johnson Young
Excused—1
Meekhof
Not Voting—1
Smith
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate returned to the order of
General Orders
Senator Pavlov 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 Jansen as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 806, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 6a, 10, 11, 13, 13m, 15, 17, 19, 19a, 20, 21, 27, 28, 29, 32a, 32b, 33, 34, 37, 38, 42, 44, 46, 48, 50, 54, 62, and 64 (MCL 421.6a, 421.10, 421.11, 421.13, 421.13m, 421.15, 421.17, 421.19, 421.19a, 421.20, 421.21, 421.27, 421.28, 421.29, 421.32a, 421.32b, 421.33, 421.34, 421.37, 421.38, 421.42, 421.44, 421.46, 421.48, 421.50, 421.54, 421.62, and 421.64), section 6a as amended by 1992 PA 204, sections 10, 15, 27, 54, 62, and 64 as amended by 2011 PA 14, sections 11 and 19a as amended by 2009 PA 1, section 13 as amended by 1985 PA 197, section 13m as added by 2010 PA 383, section 17 as amended by 2009 PA 18, section 19 as amended by 2007 PA 188, section 20 as amended by 2009 PA 20, sections 21, 33, and 34 as amended by 1983 PA 164, section 28 as amended by 1994 PA 422, section 29 as amended by 2008 PA 480, sections 32a and 38 as amended by 1996 PA 503, sections 44 and 48 as amended and section 32b as added by 2002 PA 192, and sections 46 and 50 as amended by 1995 PA 25, and by adding sections 15a, 42a, and 48a; and to repeal acts and parts of acts.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 128, line 9, after “INVOLUNTARILY” by inserting “FOR MEDICAL REASONS”.
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 President, Lieutenant Governor Calley, resumed the Chair.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Pavlov moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 806
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 806, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 6a, 10, 11, 13, 13m, 15, 17, 19, 19a, 20, 21, 27, 28, 29, 32a, 32b, 33, 34, 37, 38, 42, 44, 46, 48, 50, 54, 62, and 64 (MCL 421.6a, 421.10, 421.11, 421.13, 421.13m, 421.15, 421.17, 421.19, 421.19a, 421.20, 421.21, 421.27, 421.28, 421.29, 421.32a, 421.32b, 421.33, 421.34, 421.37, 421.38, 421.42, 421.44, 421.46, 421.48, 421.50, 421.54, 421.62, and 421.64), section 6a as amended by 1992 PA 204, sections 10, 15, 54, 62, and 64 as amended by 2011 PA 14, sections 11 and 19a as amended by 2009 PA 1, section 13 as amended by 1985 PA 197, section 13m as added by 2010 PA 383, section 17 as amended by 2009 PA 18, section 19 as amended by 2007 PA 188, section 20 as amended by 2009 PA 20, sections 21, 33, and 34 as amended by 1983 PA 164, section 27 as amended by 2011 PA 216, section 28 as amended by 1994 PA 422, section 29 as amended by 2008 PA 480, sections 32a and 38 as amended by 1996 PA 503, section 32b as added and sections 44 and 48 as amended by 2002 PA 192, and sections 46 and 50 as amended by 1995 PA 25, and by adding sections 15a, 42a, and 48a; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Pavlov moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
Senator Pavlov moved that Senators Green and Jansen be excused from the balance of today’s session.
The motion prevailed.
By unanimous consent the Senate returned to the order of
Motions and Communications
The Secretary announced that the following House bill was received in the Senate and filed on Thursday, December 1:
House Bill No. 5160
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senators Meekhof and Richardville introduced
Senate Joint Resolution S, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article II, to provide the reasons for the recall of an elective officer.
The joint resolution was read a first and second time by title and referred to the Committee on Government Operations.
Senator Hildenbrand introduced
Senate Bill No. 859, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1201 (MCL 500.1201), as amended by 2001 PA 228, and by adding chapter 29A.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senator Johnson introduced
Senate Bill No. 860, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
Senators Jones, Schuitmaker, Marleau and Green introduced
Senate Bill No. 861, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as added by 2010 PA 194.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Caswell, Green, Emmons, Colbeck, Pappageorge and Walker introduced
Senate Bill No. 862, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34c (MCL 211.34c), as amended by 2006 PA 646.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Hildenbrand introduced
Senate Bill No. 863, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms 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 2008 PA 407.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Walker, Kahn, Caswell, Schuitmaker, Booher, Johnson, Bieda, Nofs, Proos, Emmons, Marleau, Jones, Young and Casperson introduced
Senate Bill No. 864, 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 sections 6e, 9q, and 10u (MCL 460.6e, 460.9q, and 460.10u), section 6e as added by 1980 PA 50, section 9q as added by 2009 PA 171, and section 10u as added by 2000 PA 141.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senator Pavlov introduced
Senate Bill No. 865, entitled
A bill to provide for the removal of a local government from receivership; to provide for a receivership transition advisory board; and to prescribe the powers and duties of the governor, other state departments and officials, and officials and employees of units of local government, including school districts.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
House Bill No. 4029, entitled
A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 3 (MCL 46.403).
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. 4030, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 252, 254, 267, and 269 (MCL 168.252, 168.254, 168.267, and 168.269), section 254 as amended by 1999 PA 218 and section 269 as amended by 1990 PA 7.
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. 4031, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending sections 6 and 8 of chapter IV (MCL 224.6 and 224.8), section 6 as amended by 2009 PA 39 and section 8 as amended by 1994 PA 320.
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. 4907, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 312 and 646a (MCL 168.312 and 168.646a), as amended by 2006 PA 647.
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 Local Government and Elections.
House Bill No. 4909, entitled
A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 8 (MCL 41.8), as amended by 1990 PA 101.
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 Local Government and Elections.
House Bill No. 4910, entitled
A bill to amend 1994 PA 425, entitled “An act to provide for the creation of community swimming pool authorities; to provide powers and duties of the authorities; to provide for the levy of a tax by the authorities; and to provide for the collection and distribution of the tax,” by amending section 13 (MCL 123.1073).
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 Local Government and Elections.
House Bill No. 4911, entitled
A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, transit-oriented developments, transit-oriented facilities, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending section 8b (MCL 123.958b), as amended by 1995 PA 147.
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 Local Government and Elections.
House Bill No. 4912, entitled
A bill to amend 1989 PA 292, entitled “Metropolitan councils act,” by amending section 27 (MCL 124.677), as amended by 2003 PA 301.
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 Local Government and Elections.
House Bill No. 5125, entitled
A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2009 PA 39.
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. 5126, entitled
A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2003 PA 94.
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. 5160, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 302 (MCL 600.302), as amended by 2001 PA 117.
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 Redistricting.
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. 806, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 6a, 10, 11, 13, 13m, 15, 17, 19, 19a, 20, 21, 27, 28, 29, 32a, 32b, 33, 34, 37, 38, 42, 44, 46, 48, 50, 54, 62, and 64 (MCL 421.6a, 421.10, 421.11, 421.13, 421.13m, 421.15, 421.17, 421.19, 421.19a, 421.20, 421.21, 421.27, 421.28, 421.29, 421.32a, 421.32b, 421.33, 421.34, 421.37, 421.38, 421.42, 421.44, 421.46, 421.48, 421.50, 421.54, 421.62, and 421.64), section 6a as amended by 1992 PA 204, sections 10, 15, 54, 62, and 64 as amended by 2011 PA 14, sections 11 and 19a as amended by 2009 PA 1, section 13 as amended by 1985 PA 197, section 13m as added by 2010 PA 383, section 17 as amended by 2009 PA 18, section 19 as amended by 2007 PA 188, section 20 as amended by 2009 PA 20, sections 21, 33, and 34 as amended by 1983 PA 164, section 27 as amended by 2011 PA 216, section 28 as amended by 1994 PA 422, section 29 as amended by 2008 PA 480, sections 32a and 38 as amended by 1996 PA 503, section 32b as added and sections 44 and 48 as amended by 2002 PA 192, and sections 46 and 50 as amended by 1995 PA 25, and by adding sections 15a, 42a, and 48a; and to repeal acts and parts of acts.
(This bill was read a third time earlier today and consideration postponed. See p. 2685.)
The question being on the passage of the bill,
Senator Pavlov moved that the following pending amendments be considered en bloc:
Senator Hunter offered the following amendment:
1. Amend page 100, line 17, after “However,” by striking out the balance of the line through “20” on line 22 and inserting “NOT MORE THAN 26”.
Senator Bieda offered the following amendment:
1. Amend page 128, line 8, after “unit.” by striking out the balance of the line through “JOB” on line 17.
Senator Warren offered the following amendment:
1. Amend page 164, line 21, after “USED” by striking out “FOR BENEFIT QUALIFYING PURPOSES AND”.
Senator Warren offered the following amendment:
1. Amend page 93, line 20, after “2002.” by inserting:
“BEGINNING JANUARY 1, 2013, THE STATE TREASURER SHALL ADJUST THE MAXIMUM WEEKLY BENEFIT RATE BY AN AMOUNT DETERMINED BY THE STATE TREASURER AT THE END OF EACH CALENDAR YEAR TO REFLECT ANY CUMULATIVE ANNUAL PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX. AS USED IN THIS SUBSECTION, “CONSUMER PRICE INDEX” MEANS THE MOST COMPREHENSIVE INDEX OF CONSUMER PRICES AVAILABLE FOR THIS STATE FROM THE BUREAU OF LABOR STATISTICS OF THE UNITED STATES DEPARTMENT OF LABOR.”.
Senator Gleason offered the following amendment:
1. Amend page 93, line 22, after “rate.” by inserting “THE MAXIMUM WEEKLY BENEFIT RATE FOR AN INDIVIDUAL CLAIMING BENEFITS ON OR AFTER THE EFFECTIVE DATE OF THIS ACT SHALL BE $372.00.”.
Senator Gleason offered the following amendment:
1. Amend page 93, line 14, after “plus” by striking out “$6.00” and inserting “$20.00”.
Senator Johnson offered the following amendment:
1. Amend page 140, line 6, after “unemployed.” by striking out the balance of the line through “AMOUNT.” on line 17.
Senator Johnson offered the following amendment:
1. Amend page 100, line 17, after “However,” by striking out the balance of the line through “20” on line 22 and inserting “NOT MORE THAN 26”.
Senator Gregory offered the following amendment:
1. Amend page 127, following line 17, by inserting:
“SEC. 28B. AS USED IN THIS SECTION AND SECTIONS 28C TO 28M:
(A) “AFFECTED UNIT” MEANS A DEPARTMENT, SHIFT, OR OTHER ORGANIZATIONAL UNIT OF 2 OR MORE EMPLOYEES THAT IS DESIGNATED BY AN EMPLOYER TO PARTICIPATE IN A SHARED-WORK PLAN.
(B) “APPROVED SHARED-WORK PLAN” MEANS AN EMPLOYER’S SHARED-WORK PLAN THAT MEETS THE REQUIREMENTS OF SECTION 28D AND THAT THE UNEMPLOYMENT AGENCY APPROVES IN WRITING.
(C) “FRINGE BENEFIT” MEANS HEALTH INSURANCE, A RETIREMENT BENEFIT RECEIVED UNDER A PENSION PLAN, A PAID VACATION DAY, A PAID HOLIDAY, SICK LEAVE, OR ANY OTHER SIMILAR EMPLOYEE BENEFIT PROVIDED BY AN EMPLOYER.
(D) “NORMAL WEEKLY HOURS OF WORK” MEANS THE ESTABLISHED STANDARD WORK TIMES AND NUMBER OF HOURS IN THE WORKWEEK FOR THE POSITION, OR IF NO STANDARD WORK TIME AND NUMBER OF HOURS HAVE BEEN ESTABLISHED FOR THE POSITION, THE WORK TIMES AND AVERAGE NUMBER OF HOURS PER WEEK ACTUALLY WORKED BY THE EMPLOYEE IN THAT POSITION OVER THE MOST RECENT 3 MONTHS BEFORE APPLICATION FOR DESIGNATION AS A PARTICIPATING EMPLOYER.
(E) “PARTICIPATING EMPLOYEE” MEANS AN EMPLOYEE IN THE AFFECTED UNIT WHOSE HOURS OF WORK ARE REDUCED BY THE REDUCTION PERCENTAGE UNDER THE SHARED-WORK PLAN.
(F) “PARTICIPATING EMPLOYER” MEANS AN EMPLOYER THAT HAS A SHARED-WORK PLAN IN EFFECT.
(G) “REDUCTION PERCENTAGE” MEANS THE PERCENTAGE BY WHICH EACH PARTICIPATING EMPLOYEE’S NORMAL WEEKLY HOURS OF WORK ARE REDUCED UNDER A SHARED-WORK PLAN IN ACCORDANCE WITH SECTION 28D(2).
(H) “SHARED-WORK PLAN” MEANS A PLAN FOR REDUCING UNEMPLOYMENT UNDER WHICH PARTICIPATING EMPLOYEES OF AN AFFECTED UNIT SHARE THE WORK REMAINING AFTER REDUCTION IN THEIR NORMAL WEEKLY HOURS OF WORK.
Sec. 28C. (1) AN EMPLOYER THAT MEETS ALL OF THE FOLLOWING REQUIREMENTS MAY APPLY TO THE UNEMPLOYMENT AGENCY FOR APPROVAL OF A SHARED-WORK PLAN:
(A) THE EMPLOYER HAS FILED ALL QUARTERLY REPORTS AND OTHER REPORTS REQUIRED UNDER THIS ACT AND HAS PAID ALL CONTRIBUTION, REIMBURSEMENTS IN LIEU OF CONTRIBUTIONS, INTEREST, AND PENALTIES DUE THROUGH THE DATE OF THE EMPLOYER’S APPLICATION.
(B) IF THE EMPLOYER IS A CONTRIBUTING EMPLOYER, THE EMPLOYER’S RESERVE IN THE EMPLOYER’S EXPERIENCE ACCOUNT AS OF THE MOST RECENT COMPUTATION DATE PRECEDING THE DATE OF THE EMPLOYER’S APPLICATION IS A POSITIVE NUMBER.
(C) THE EMPLOYER HAS PAID WAGES FOR THE 12 CONSECUTIVE CALENDAR QUARTERS PRECEDING THE DATE OF THE EMPLOYER’S APPLICATION.
(2) AN APPLICATION UNDER THIS SECTION SHALL BE MADE IN THE MANNER PRESCRIBED BY THE UNEMPLOYMENT AGENCY AND CONTAIN ALL INFORMATION REQUIRED BY THE UNEMPLOYMENT AGENCY, INCLUDING THE FOLLOWING:
(A) THE EMPLOYER’S ASSURANCE THAT IT WILL PROVIDE REPORTS TO THE UNEMPLOYMENT AGENCY RELATING TO THE OPERATION OF ITS SHARED-WORK PLAN AT THE TIMES AND IN THE MANNER PRESCRIBED BY THE UNEMPLOYMENT AGENCY AND CONTAINING ALL INFORMATION REQUIRED BY THE UNEMPLOYMENT AGENCY.
(B) THE EMPLOYER’S ASSURANCE THAT IT WILL NOT HIRE NEW EMPLOYEES IN, OR TRANSFER EMPLOYEES TO, THE AFFECTED UNIT DURING THE EFFECTIVE PERIOD OF THE SHARED-WORK PLAN.
(C) THE EMPLOYER’S ASSURANCE THAT IT WILL NOT LAY OFF PARTICIPATING EMPLOYEES DURING THE EFFECTIVE PERIOD OF THE SHARED-WORK PLAN, OR REDUCE PARTICIPATING EMPLOYEES’ HOURS OF WORK BY MORE THAN THE REDUCTION PERCENTAGE DURING THE EFFECTIVE PERIOD OF THE SHARED-WORK PLAN, EXCEPT IN CASES OF HOLIDAYS, DESIGNATED VACATION PERIODS, EQUIPMENT MAINTENANCE, OR SIMILAR CIRCUMSTANCES.
(D) A LIST OF THE WEEK OR WEEKS WITHIN THE REQUESTED EFFECTIVE PERIOD OF THE PLAN DURING WHICH PARTICIPATING EMPLOYEES ARE ANTICIPATED TO WORK FEWER HOURS THAN THE NUMBER OF HOURS DETERMINED UNDER SECTION 28D(1)(E) DUE TO CIRCUMSTANCES INCLUDED IN SUBDIVISION (C).
(E) THE EMPLOYER’S CERTIFICATION THAT THE IMPLEMENTATION OF A SHARED-WORK PLAN IS IN LIEU OF TEMPORARY LAYOFFS THAT WOULD AFFECT AT LEAST 10% OF THE EMPLOYEES IN THE AFFECTED UNIT AND WOULD RESULT IN AN EQUIVALENT REDUCTION IN WORK HOURS.
(F) THE EMPLOYER’S ASSURANCE THAT IT WILL ABIDE BY ALL TERMS AND CONDITIONS OF SECTIONS 28B TO 28M.
(3) AN EMPLOYER MAY APPLY TO THE UNEMPLOYMENT AGENCY FOR APPROVAL OF MORE THAN 1 SHARED-WORK PLAN.
Sec. 28D. (1) THE UNEMPLOYMENT AGENCY MAY APPROVE A SHARED-WORK PLAN ONLY IF THE PLAN MEETS ALL OF THE FOLLOWING REQUIREMENTS:
(A) THE SHARED-WORK PLAN APPLIES TO 1 AFFECTED UNIT.
(B) ALL EMPLOYEES IN THE AFFECTED UNIT ARE PARTICIPATING EMPLOYEES, EXCEPT THAT THE FOLLOWING EMPLOYEES SHALL NOT BE PARTICIPATING EMPLOYEES:
(i) AN EMPLOYEE WHO HAS BEEN EMPLOYED IN THE AFFECTED UNIT FOR LESS THAN 3 MONTHS BEFORE THE DATE THE EMPLOYER APPLIES FOR APPROVAL OF THE SHARED-WORK PLAN.
(ii) AN EMPLOYEE WHOSE HOURS OF WORK PER WEEK DETERMINED UNDER SUBDIVISION (E) ARE 40 OR MORE HOURS.
(C) THERE ARE NO FEWER THAN 2 PARTICIPATING EMPLOYEES, DETERMINED WITHOUT REGARD TO CORPORATE OFFICERS.
(D) THE PARTICIPATING EMPLOYEES ARE IDENTIFIED BY NAME AND SOCIAL SECURITY NUMBER.
(E) THE NUMBER OF HOURS A PARTICIPATING EMPLOYEE WILL WORK EACH WEEK DURING THE EFFECTIVE PERIOD OF THE PLAN IS THE NUMBER OF THE EMPLOYEE’S NORMAL WEEKLY HOURS OF WORK REDUCED BY THE REDUCTION PERCENTAGE.
(F) AS A RESULT OF A DECREASE IN THE NUMBER OF HOURS WORKED BY EACH PARTICIPATING EMPLOYEE, THERE IS A CORRESPONDING REDUCTION IN WAGES.
(G) IF ANY PARTICIPATING EMPLOYEE IS COVERED BY A COLLECTIVE BARGAINING AGREEMENT, THE PLAN IS APPROVED IN WRITING BY THE COLLECTIVE BARGAINING REPRESENTATIVE.
(H) THE PLAN DOES NOT AFFECT THE FRINGE BENEFITS OF ANY PARTICIPATING EMPLOYEE NOT COVERED BY A COLLECTIVE BARGAINING AGREEMENT.
(I) THE EFFECTIVE PERIOD OF THE PLAN IS NOT MORE THAN 52 CONSECUTIVE WEEKS.
(J) THE EFFECTIVE PERIOD OF THE PLAN COMBINED WITH EFFECTIVE PERIODS OF THE PARTICIPATING EMPLOYER’S PRIOR PLANS DOES NOT EQUAL MORE THAN 104 WEEKS OUT OF A 156-WEEK PERIOD.
(K) THE REDUCTION PERCENTAGE SATISFIES THE REQUIREMENTS OF SUBSECTION (2).
(2) THE REDUCTION PERCENTAGE UNDER AN APPROVED SHARED-WORK PLAN SHALL MEET ALL OF THE FOLLOWING REQUIREMENTS:
(A) THE REDUCTION PERCENTAGE SHALL BE NO LESS THAN 20% AND NO MORE THAN 40%.
(B) THE REDUCTION PERCENTAGE SHALL BE THE SAME FOR ALL PARTICIPATING EMPLOYEES.
(C) THE REDUCTION PERCENTAGE SHALL NOT CHANGE DURING THE PERIOD OF THE SHARED‑WORK PLAN UNLESS THE PLAN IS MODIFIED IN ACCORDANCE WITH SECTION 28I.
Sec. 28E. THE UNEMPLOYMENT AGENCY SHALL APPROVE OR DISAPPROVE A SHARED-WORK PLAN NO LATER THAN 15 DAYS AFTER THE DATE THE UNEMPLOYMENT AGENCY RECEIVES AN EMPLOYER’S SHARED-WORK PLAN APPLICATION THAT MEETS THE REQUIREMENTS OF SECTIONS 28C AND 28D. THE UNEMPLOYMENT AGENCY’S DECISION SHALL BE EXPRESSED IN WRITING AND, IF THE SHARED-WORK PLAN IS DISAPPROVED, SHALL INCLUDE THE REASONS FOR THE DISAPPROVAL.
Sec. 28F. (1) A SHARED-WORK PLAN IS EFFECTIVE FOR THE NUMBER OF CONSECUTIVE WEEKS INDICATED IN THE EMPLOYER’S APPLICATION, OR A LESSER NUMBER OF WEEKS AS APPROVED BY THE UNEMPLOYMENT AGENCY, UNLESS SOONER TERMINATED IN ACCORDANCE WITH SECTION 28J.
(2) THE EFFECTIVE PERIOD OF THE SHARED-WORK PLAN SHALL BEGIN WITH THE FIRST CALENDAR WEEK FOLLOWING THE DATE ON WHICH THE UNEMPLOYMENT AGENCY APPROVES THE PLAN.
Sec. 28G. (1) COMPENSATION SHALL BE PAYABLE TO A PARTICIPATING EMPLOYEE FOR A WEEK WITHIN THE EFFECTIVE PERIOD OF AN APPROVED SHARED-WORK PLAN DURING WHICH THE EMPLOYEE WORKS THE NUMBER OF HOURS DETERMINED UNDER SECTION 28D(1)(E) FOR THE PARTICIPATING EMPLOYER ON THE SAME TERMS, IN THE SAME AMOUNT, AND SUBJECT TO THE SAME CONDITIONS THAT WOULD APPLY TO THE PARTICIPATING EMPLOYEE WITHOUT REGARD TO SECTIONS 28B TO 28M, EXCEPT AS FOLLOWS:
(A) A PARTICIPATING EMPLOYEE SHALL NOT BE REQUIRED TO BE UNEMPLOYED WITHIN THE MEANING OF SECTION 48 OR FILE CLAIMS FOR COMPENSATION UNDER SECTION 32.
(B) THE BENEFIT RATE OTHERWISE PAYABLE AS PRESCRIBED IN SECTION 27 SHALL BE MODIFIED SO THAT A PARTICIPATING EMPLOYEE SHALL BE PAID COMPENSATION IN AN AMOUNT EQUAL TO THE PRODUCT OF HIS OR HER WEEKLY BENEFIT RATE AND THE REDUCTION PERCENTAGE, ROUNDED TO THE NEXT LOWER WHOLE DOLLAR AMOUNT.
(C) THE UNEMPLOYMENT AGENCY SHALL NOT DENY COMPENSATION TO A PARTICIPATING EMPLOYEE FOR ANY WEEK DURING THE EFFECTIVE PERIOD OF THE SHARED-WORK PLAN BY APPLYING ANY PROVISION OF THIS ACT RELATING TO ACTIVE SEARCH FOR WORK OR REFUSAL TO APPLY FOR OR ACCEPT WORK OTHER THAN WORK OFFERED BY THE PARTICIPATING EMPLOYER.
(D) A PARTICIPATING EMPLOYEE SATISFIES THE ELIGIBILITY REQUIREMENTS OF SECTION 28 IF THE EMPLOYEE IS ABLE TO WORK AND IS AVAILABLE FOR THE EMPLOYEE’S NORMAL WEEKLY HOURS OF WORK WITH THE PARTICIPATING EMPLOYER.
(2) FOR PURPOSES OF SUBSECTION (1), IF A PARTICIPATING EMPLOYEE WORKS FEWER HOURS THAN THE NUMBER OF HOURS DETERMINED UNDER SECTION 28D(1)(E) FOR THE PARTICIPATING EMPLOYER DURING A WEEK WITHIN THE EFFECTIVE PERIOD OF THE APPROVED SHARED-WORK PLAN, BUT RECEIVES REMUNERATION AS IF THE EMPLOYEE HAD WORKED THE NUMBER OF HOURS DETERMINED UNDER SECTION 28D(1)(E), THE EMPLOYEE WILL BE DEEMED TO HAVE WORKED THE NUMBER OF HOURS DETERMINED UNDER SECTION 28D(1)(E) DURING THAT WEEK.
(3) A PARTICIPATING EMPLOYEE’S ELIGIBILITY FOR COMPENSATION FOR A WEEK WITHIN THE EFFECTIVE PERIOD OF AN APPROVED SHARED-WORK PLAN SHALL BE DETERMINED WITHOUT REGARD TO SECTIONS 28B TO 28M UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:
(A) THE EMPLOYEE RECEIVES REMUNERATION FOR THE WEEK FROM THE PARTICIPATING EMPLOYER THAT IS LESS THAN THE AMOUNT DUE FOR THE NUMBER OF HOURS DETERMINED UNDER SECTION 28D(1)(E).
(B) THE EMPLOYEE RECEIVES REMUNERATION FOR THE WEEK FROM THE PARTICIPATING EMPLOYER IN EXCESS OF THE AMOUNT DUE FOR THE NUMBER OF HOURS DETERMINED UNDER SECTION 28D(1)(E).
Sec. 28H. (1) THE UNEMPLOYMENT AGENCY SHALL ESTABLISH A SCHEDULE OF CONSECUTIVE 2-WEEK PERIODS WITHIN THE EFFECTIVE PERIOD OF THE SHARED-WORK PLAN. THE UNEMPLOYMENT AGENCY MAY, AS NECESSARY, INCLUDE 1-WEEK PERIODS IN THE SCHEDULE AND REVISE THE SCHEDULE. AT THE END OF EACH SCHEDULED PERIOD, THE PARTICIPATING EMPLOYER SHALL FILE CLAIMS FOR COMPENSATION FOR THE WEEK OR WEEKS WITHIN THE PERIOD ON BEHALF OF THE PARTICIPATING EMPLOYEES. THE CLAIMS SHALL BE FILED NO LATER THAN THE LAST DAY OF THE WEEK IMMEDIATELY FOLLOWING THE PERIOD, UNLESS AN EXTENSION OF TIME IS GRANTED BY THE UNEMPLOYMENT AGENCY FOR GOOD CAUSE. THE CLAIMS SHALL BE FILED IN THE MANNER PRESCRIBED BY THE UNEMPLOYMENT AGENCY AND SHALL CONTAIN ALL INFORMATION REQUIRED BY THE UNEMPLOYMENT AGENCY TO DETERMINE THE ELIGIBILITY OF THE PARTICIPATING EMPLOYEES FOR COMPENSATION.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, COMPENSATION PAID TO PARTICIPATING EMPLOYEES FOR WEEKS WITHIN THE EFFECTIVE PERIOD OF AN APPROVED SHARED-WORK PLAN SHALL BE CHARGED TO THE PARTICIPATING EMPLOYER.
Sec. 28I. AN EMPLOYER MAY APPLY TO THE UNEMPLOYMENT AGENCY FOR APPROVAL TO MODIFY A SHARED-WORK PLAN TO MEET CHANGED CONDITIONS. THE UNEMPLOYMENT AGENCY SHALL REEVALUATE THE PLAN AND MAY APPROVE THE MODIFIED PLAN IF IT MEETS THE REQUIREMENTS FOR APPROVAL UNDER SECTION 28E. IF THE MODIFICATIONS CAUSE THE SHARED‑WORK PLAN TO FAIL TO MEET THE REQUIREMENTS FOR APPROVAL, THE UNEMPLOYMENT AGENCY SHALL DISAPPROVE THE PROPOSED MODIFICATIONS.
Sec. 28J. (1) THE UNEMPLOYMENT AGENCY MAY TERMINATE A SHARED-WORK PLAN FOR GOOD CAUSE.
(2) FOR PURPOSES OF SUBSECTION (1), GOOD CAUSE INCLUDES ANY OF THE FOLLOWING:
(A) THE PLAN IS NOT BEING EXECUTED ACCORDING TO ITS APPROVED TERMS AND CONDITIONS.
(B) THE PARTICIPATING EMPLOYER FAILS TO COMPLY WITH THE ASSURANCES GIVEN IN THE PLAN.
(C) THE PARTICIPATING EMPLOYER OR A PARTICIPATING EMPLOYEE VIOLATES ANY CRITERIA ON WHICH APPROVAL OF THE PLAN WAS BASED.
(3) THE EMPLOYER MAY TERMINATE A SHARED-WORK PLAN BY WRITTEN NOTICE TO THE UNEMPLOYMENT AGENCY.
Sec. 28K. THE DECISION TO APPROVE OR DISAPPROVE A SHARED-WORK PLAN, TO APPROVE OR DISAPPROVE A MODIFICATION OF A SHARED-WORK PLAN, OR TO TERMINATE A SHARED-WORK PLAN IS AT THE UNEMPLOYMENT AGENCY’S DISCRETION. THOSE DECISIONS ARE NOT SUBJECT TO THE APPEAL PROVISIONS OF THIS ACT.
Sec. 28l. IN ADDITION TO OTHER REPORTS REQUIRED BY LAW, THE UNEMPLOYMENT AGENCY SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE SECRETARY OF THE SENATE, AND THE CLERK OF THE HOUSE OF REPRESENTATIVES FOR REFERRAL TO THE CHAIR AND MINORITY VICE CHAIR OF THE APPROPRIATE COMMITTEES REGARDING SHARED-WORK PLANS UNDER SECTIONS 28B TO 28M. THE REPORT SHALL INCLUDE THE NUMBER OF APPROVED SHARED-WORK PLANS, THE NUMBER OF PARTICIPATING EMPLOYERS, THE NUMBER OF PARTICIPATING EMPLOYEES, THE AMOUNT OF COMPENSATION AND AID TO PARTICIPATING EMPLOYEES, AND ANY OTHER INFORMATION THAT THE UNEMPLOYMENT AGENCY DETERMINES IS RELEVANT TO ASSESS THE IMPACT OF SHARED-WORK PLANS ON THE UNEMPLOYMENT COMPENSATION FUND. THE FIRST REPORT SHALL BE SUBMITTED ON OR BEFORE THE FIRST DAY OF MARCH FOLLOWING THE FIRST COMPLETE CALENDAR YEAR DURING WHICH SECTIONS 28B TO 28M ARE IN EFFECT, AND SUBSEQUENT REPORTS SHALL BE SUBMITTED ON OR BEFORE THE FIRST DAY OF MARCH OF EACH SUBSEQUENT YEAR.
Sec. 28M. (1) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF ANY PROVISION OR PROVISIONS OF THIS SECTION OR SECTIONS 28B TO 28l CAUSE THE UNITED STATES DEPARTMENT OF LABOR TO WITHHOLD APPROVAL OF THIS SECTION OR SECTIONS 28B TO 28l AS REQUIRED UNDER SECTION 3304(A)(4)(E) OF THE FEDERAL UNEMPLOYMENT TAX ACT, 26 USC 3304, AND SECTION 303(A)(5) OF THE SOCIAL SECURITY ACT, 42 USC 503, THE PROVISIONS IN THIS SECTION OR SECTIONS 28B TO 28l DO NOT APPLY.
(2) WHEN THE PROVISIONS OF THIS SECTION OR SECTIONS 28B TO 28l ARE APPROVED OR DISAPPROVED BY THE UNITED STATES DEPARTMENT OF LABOR, THE UNEMPLOYMENT AGENCY SHALL TRANSMIT TO THE SECRETARY OF THE SENATE AND THE CLERK OF THE HOUSE OF REPRESENTATIVES NOTICE OF THE APPROVAL OR DISAPPROVAL.”.
The motion prevailed.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members voting therefor, as follows:
Roll Call No. 731 Yeas—23
Booher Hansen Marleau Richardville
Brandenburg Hildenbrand Moolenaar Robertson
Casperson Hune Nofs Rocca
Caswell Jones Pappageorge Schuitmaker
Colbeck Kahn Pavlov Walker
Emmons Kowall Proos
Nays—11
Anderson Gregory Hunter Whitmer
Bieda Hood Johnson Young
Gleason Hopgood Warren
Excused—3
Green Jansen Meekhof
Not Voting—1
Smith
In The Chair: President
The question being on the adoption of the amendments,
Senator Pavlov moved that the previous question be ordered on the adoption of the amendments and passage of the bill.
The motion prevailed.
The amendments were 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 amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 732 Yeas—12
Anderson Gregory Hunter Warren
Bieda Hood Johnson Whitmer
Gleason Hopgood Rocca Young
Nays—22
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Moolenaar Richardville
Casperson Hune Nofs Robertson
Caswell Jones Pappageorge Schuitmaker
Colbeck Kahn Pavlov Walker
Emmons Kowall
Excused—3
Green Jansen Meekhof
Not Voting—1
Smith
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. 733 Yeas—23
Booher Hansen Marleau Richardville
Brandenburg Hildenbrand Moolenaar Robertson
Casperson Hune Nofs Rocca
Caswell Jones Pappageorge Schuitmaker
Colbeck Kahn Pavlov Walker
Emmons Kowall Proos
Nays—11
Anderson Gregory Hunter Whitmer
Bieda Hood Johnson Young
Gleason Hopgood Warren
Excused—3
Green Jansen Meekhof
Not Voting—1
Smith
In The Chair: President
The Senate agreed to the title of the bill.
Committee Reports
The Committee on Reforms, Restructuring and Reinventing reported
House Bill No. 4003, 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; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 1999 PA 204.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Mark C. Jansen
Chairperson
To Report Out:
Yeas: Senators Jansen, Colbeck, Casperson, Kowall and Robertson
Nays: Senators Young and Warren
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Reforms, Restructuring and Reinventing submitted the following:
Meeting held on Wednesday, November 30, 2011, at 8:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren
The Committee on Economic Development reported
Senate Bill No. 855, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 107 and 434 (MCL 208.1107 and 208.1434), section 107 as amended by 2011 PA 209 and section 434 as amended by 2010 PA 114.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael W. Kowall
Chairperson
To Report Out:
Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons and Hansen
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development submitted the following:
Meeting held on Wednesday, November 30, 2011, at 1:35 p.m., Room 110, Farnum Building
Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons, Hansen and Smith
Excused: Senator Hunter
The Committee on Finance reported
Senate Bill No. 806, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 6a, 10, 11, 13, 13m, 15, 17, 19, 19a, 20, 21, 27, 28, 29, 32a, 32b, 33, 34, 37, 38, 42, 44, 46, 48, 50, 54, 62, and 64 (MCL 421.6a, 421.10, 421.11, 421.13, 421.13m, 421.15, 421.17, 421.19, 421.19a, 421.20, 421.21, 421.27, 421.28, 421.29, 421.32a, 421.32b, 421.33, 421.34, 421.37, 421.38, 421.42, 421.44, 421.46, 421.48, 421.50, 421.54, 421.62, and 421.64), section 6a as amended by 1992 PA 204, sections 10, 15, 27, 54, 62, and 64 as amended by 2011 PA 14, sections 11 and 19a as amended by 2009 PA 1, section 13 as amended by 1985 PA 197, section 13m as added by 2010 PA 383, section 17 as amended by 2009 PA 18, section 19 as amended by 2007 PA 188, section 20 as amended by 2009 PA 20, sections 21, 33, and 34 as amended by 1983 PA 164, section 28 as amended by 1994 PA 422, section 29 as amended by 2008 PA 480, sections 32a and 38 as amended by 1996 PA 503, sections 44 and 48 as amended and section 32b as added by 2002 PA 192, and sections 46 and 50 as amended by 1995 PA 25, and by adding sections 15a, 42a, and 48a; and to repeal acts and parts of acts.
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 and Robertson
Nays: Senators Bieda and Warren
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, November 30, 2011, at 12:30 p.m., Room 210, Farnum Building
Present: Senators Brandenburg (C), Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Wednesday, November 30, 2011, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Pavlov (C), Emmons, Colbeck, Hopgood and Young
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, November 30, 2011, at 3:00 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Rocca, Nofs and Gregory
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Meeting held on Thursday, December 1, 2011, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall, Warren and Hood
Excused: Senator Meekhof
Scheduled Meetings
Appropriations -
Subcommittees -
Community Health Department - Thursday, December 8, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
General Government; K-12, School Aid, Education; and Education - Tuesday, December 6, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Human Services Department - Tuesday, December 6, 2:00 p.m., Room 405, Capitol Building (373-2768)
Natural Resources Department and Natural Resources, Environment and Great Lakes - Tuesday, December 6, 4:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Education; General Government and K-12, School Aid, Education Appropriations Subcommittees - Tuesday, December 6, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5314)
Michigan Law Revision Commission - Wednesday, December 7, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Natural Resources, Environment and Great Lakes and Natural Resources Department - Tuesday, December 6, 4:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Veterans, Military Affairs and Homeland Security - Tuesday, December 6, 1:15 p.m., Room 210, Farnum Building (373-5312)
Senator Brandenburg moved that the Senate adjourn.
The motion prevailed, the time being 4:29 p.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, December 6, 2011, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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