No. 4
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2012
Senate Chamber, Lansing, Thursday, January 19, 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—excused Rocca—present
Colbeck—present Jones—present Schuitmaker—present
Emmons—present Kahn—present Smith—excused
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
Pastor Theron Crawford of Anchor Baptist Church of South Haven offered the following invocation:
Our Heavenly Father, I thank You, Lord, for the day that we have. I thank You for the safety that You have given each and every one of us getting here today.
Lord, we come before You as humble servants, Lord, remembering the fact that all liberty and all freedom originates with You. So, Lord, we thank You for the example that You have set for us, Lord, and the word of God that You have given to us.
Father, I pray that You would meet with us today. Lord, I pray that You would guide the men and women of this chamber. Lord, I pray that You would give them the direction—that I am sure that they long for—from You. Lord, I do pray that You would help them, Lord, to make wise decisions; decisions that would be best for our state and, Lord, for their constituents, but also for this great nation.
Lord, we thank You for the freedom that we have, Lord—the freedom to assemble, the freedom of government—and, Father, I pray that You would just help us today. Help the people who are in the body, Lord, to remember their obligation and responsibility to the citizens of this state. Lord, may You just guide them every step of the way.
We thank You, dear God, for the salvation that You brought. Lord, I pray that You would help us to truly enjoy the freedom that You have given to us. Watch over them today, and keep everyone else safe as they are on the roads as well.
In Thy precious Son’s 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 Gleason entered the Senate Chamber.
Senator Meekhof moved that Senators Kahn and Nofs be temporarily excused from today’s session.
The motion prevailed.
Senator Bieda moved that Senators Hopgood and Hunter be temporarily excused from today’s session.
The motion prevailed.
Senator Bieda moved that Senators Smith and Johnson be excused from today’s session.
The motion prevailed.
Senator Nofs entered the Senate Chamber.
The Secretary announced that the following official bills and joint resolution were printed on Wednesday, January 18, and are available at the legislative website:
Senate Bill No. 895
House Bill Nos. 5245 5246 5247 5248 5249 5250
House Joint Resolution LL
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04 a.m.
10:09 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
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 Warren 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 with a substitute therefor, the following bill:
Senate Bill No. 528, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21301a, 21304a, 21309a, 21315, 21316, 21316a, and 21320 (MCL 324.21301a, 324.21304a, 324.21309a, 324.21315, 324.21316, 324.21316a, and 324.21320), sections 21301a, 21304a, 21309a, and 21315 as amended by 1996 PA 116 and section 21316a as added by 1995 PA 22, and by adding sections 21323a, 21323b, 21323c, 21323d, 21323e, 21323f, 21323g, 21323h, 21323i, 21323j, 21323k, 21323l, and 21323m.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 529, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502 and 21541 (MCL 324.21502 and 324.21541), section 21502 as amended by 2006 PA 318.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 530, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21308a, 21311a, and 21312a (MCL 324.21308a, 324.21311a, and 324.21312a), as amended by 1996 PA 116.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 531, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21302 and 21303 (MCL 324.21302 and 324.21303), section 21302 as amended by 1995 PA 22 and section 21303 as amended by 1996 PA 116.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 532, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21313a, 21319a, and 21323 (MCL 324.21313a, 324.21319a, and 324.21323), section 21313a as amended by 1996 PA 116 and section 21319a as added and section 21323 as amended by 1995 PA 22.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 533, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21326 and 21327 (MCL 324.21326 and 324.21327).
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.
During the Committee of the Whole, Senators Hopgood and Kahn entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 4403
Senate Bill No. 778
House Bill No. 4893
Senate Bill No. 685
Senate Bill No. 717
Senate Bill No. 853
The motion prevailed.
The following bill was read a third time:
House Bill No. 4403, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1313 (MCL 600.1313), as amended by 2004 PA 12.
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. 1 Yeas—35
Anderson Green Kahn Richardville
Bieda Gregory Kowall Robertson
Booher Hansen Marleau Rocca
Brandenburg Hildenbrand Meekhof Schuitmaker
Casperson Hood Moolenaar Walker
Caswell Hopgood Nofs Warren
Colbeck Hune Pappageorge Whitmer
Emmons Jansen Pavlov Young
Gleason Jones Proos
Nays—0
Excused—3
Hunter Johnson Smith
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”.
The Senate agreed to the full title.
Senator Hunter entered the Senate Chamber.
The following bill was read a third time:
Senate Bill No. 778, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 30111b.
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. 2 Yeas—30
Anderson Hansen Kowall Proos
Bieda Hildenbrand Marleau Richardville
Brandenburg Hood Meekhof Robertson
Colbeck Hune Moolenaar Rocca
Emmons Hunter Nofs Schuitmaker
Gleason Jansen Pappageorge Walker
Green Jones Pavlov Whitmer
Gregory Kahn
Nays—6
Booher Caswell Warren Young
Casperson Hopgood
Excused—2
Johnson Smith
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4893, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185), section 16184 as amended by 2006 PA 591 and section 16185 as amended by 2011 PA 55.
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. 3 Yeas—36
Anderson Green Jones Proos
Bieda Gregory Kahn Richardville
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hood Meekhof Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Warren
Emmons Hunter Pappageorge Whitmer
Gleason Jansen Pavlov Young
Nays—0
Excused—2
Johnson Smith
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 685, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2010 PA 87.
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. 4 Yeas—35
Anderson Green Jones Proos
Bieda Gregory Kahn Richardville
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hood Meekhof Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Whitmer
Emmons Hunter Pappageorge Young
Gleason Jansen Pavlov
Nays—1
Warren
Excused—2
Johnson Smith
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. 717, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43526a; 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. 5 Yeas—36
Anderson Green Jones Proos
Bieda Gregory Kahn Richardville
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hood Meekhof Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Warren
Emmons Hunter Pappageorge Whitmer
Gleason Jansen Pavlov Young
Nays—0
Excused—2
Johnson Smith
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. 853, entitled
A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending sections 29, 35, and 59 (MCL 256.649, 256.655, and 256.679).
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. 6 Yeas—36
Anderson Green Jones Proos
Bieda Gregory Kahn Richardville
Booher Hansen Kowall Robertson
Brandenburg Hildenbrand Marleau Rocca
Casperson Hood Meekhof Schuitmaker
Caswell Hopgood Moolenaar Walker
Colbeck Hune Nofs Warren
Emmons Hunter Pappageorge Whitmer
Gleason Jansen Pavlov Young
Nays—0
Excused—2
Johnson Smith
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Schuitmaker introduced
Senate Bill No. 896, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 48.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
Senators Booher, Jones, Robertson and Green introduced
Senate Bill No. 897, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48703 (MCL 324.48703), as amended by 2008 PA 291.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development submitted the following:
Meeting held on Wednesday, January 18, 2012, at 1:30 p.m., Room 110, Farnum Building
Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons and Hansen
Excused: Senators Hunter and Smith
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Meeting held on Thursday, January 19, 2012, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof, Warren and Hood
Scheduled Meetings
Appropriations -
Subcommittee -
Human Services Department - Tuesdays, January 24 and January 31, 2:00 p.m., Room 210, Farnum Building (373‑2768)
State Drug Treatment Court Advisory Committee - Tuesday, January 24, 9:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 10:39 a.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, January 24, 2012, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
26 JOURNAL OF THE SENATE [January 19, 2012] [No. 4
No. 4] [January 19, 2012] JOURNAL OF THE SENATE 27
28 JOURNAL OF THE SENATE [January 19, 2012] [No. 4
No. 4] [January 19, 2012] JOURNAL OF THE SENATE 29
30 JOURNAL OF THE SENATE [January 19, 2012] [No. 4
No. 4] [January 19, 2012] JOURNAL OF THE SENATE 31
32 JOURNAL OF THE SENATE [January 19, 2012] [No. 4
No. 4] [January 19, 2012] JOURNAL OF THE SENATE 33
34