No. 28

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Tuesday, March 20, 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

Bishop Corletta Vaughn of Holy Ghost Full Gospel Baptist Church of Detroit offered the following invocation:

We approach You today by Your Holy Spirit and through the passage of love, honor, and reverence, first, to say thank You for all that You have already done for each of us and in this great state of Michigan. What You are doing in our world, our nation, and our state, we have come to say thank You.

I appeal to the God of heaven who has said, “If My people, who are called by My name, would humble themselves and pray and seek My face, and turn from their wicked ways, then will I hear from heaven, forgive their sin and will heal their land.” I declare that this place is sanctified and that this prayer is holy and acceptable unto You. Let grace and mercy prevail over us. Lord, heal our land. I declare that the anointing of God breaks every yoke, opens every portal, that You will send angels to help us in the business of this Senate and its assignments today.

Lord, we calibrate the environment for agreement, wisdom, and good works that the biblical climate would shift, the social climate would shift, the educational climate would shift, the ecclesiastical climate would shift, the financial climate would shift, and that every work of darkness over this region is brought to a halt. Deliver us from the spirit of shame, of pride; eliminate limitations, restrictions, and any impediments that keep us from fulfilling our tasks today.

Lord, fill this place with Your glory. Prevail in this Senate, in this wonderful branch of government, that the atmosphere would be filled with Your glory, so that Michigan is a conducive environment for our families to thrive, our schools to thrive, our relationships to thrive, our genius to thrive, our ideas to thrive, our economy to thrive, our neighborhoods to thrive, our initiatives to thrive, and our administrative departments and committees to thrive.

Lord, let Your will prevail in this session, and usher this great state of Michigan into times of refreshing that there will be a breakthrough in the heavenly over this region and over this room and, Lord, over our hearts. Remember each today individually; touch their minds, their hearts to do what is good, for You have said that when the righteous rule, the people are happy and they rejoice. Keep the people, O God, under Your sovereign care and Your sovereign love. Let Your Spirit reign supreme over our committees and our resolutions, our initiatives, God, our bills, and our public acts; that it would be God for the public good, and remedy is good for all.

Remember our Governor Rick Snyder, his family, his decisions, his choices, and his perspectives. Remember, God, the great state of Michigan and all of her municipalities, our school systems, our families, our neighborhoods, and our communities.

Now, Lord, where Your Spirit is, there is liberty. So we agree in Your name that Your Spirit is here, Your plans are here, Your people are here, Your will is here, and it will be done in this place today. We thank You that Your glory is right here and right now. In the name of God the Father, in the name of God the Son, and in the name of God the Holy Ghost. Amen.

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

Motions and Communications

The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from October 1, 2011 through December 30, 2011, and are available in the Secretary’s office during business hours for public inspection:

Committee Chairperson

Agriculture Senator Joe Hune

Appropriations Senator Roger Kahn

Banking and Financial Institutions Senator Darwin Booher

Economic Development Senator Mike Kowall

Education Senator Phil Pavlov

Energy and Technology Senator Mike Nofs

Families, Seniors and Human Services Senator Judy Emmons

Finance Senator Jack Brandenburg

Government Operations Senator Randy Richardville

Health Policy Senator Jim Marleau

Insurance Senator Joe Hune

Judiciary Senator Rick Jones

Local Government and Elections Senator David Robertson

Natural Resources, Environment and Great Lakes Senator Tom Casperson

Outdoor Recreation and Tourism Senator Goeff Hansen

Redistricting Senator Joe Hune

Reforms, Restructuring and Reinventing Senator Mark Jansen

Regulatory Reform Senator Tory Rocca

Transportation Senator Tom Casperson

Veterans, Military Affairs and Homeland Security Senator John Moolenaar

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 15:

House Bill Nos. 4265 4266 5063 5084 5297

The Secretary announced the enrollment printing and presentation to the Governor on Monday, March 19, for his approval the following bill:

Enrolled Senate Bill No. 683 at 2:42 p.m.

The Secretary announced that the following official bills were printed on Thursday, March 15, and are available at the legislative website:

Senate Bill Nos. 1020 1021 1022

The Secretary announced that the following official bills and joint resolution were printed on Friday, March 16, and are available at the legislative website:

House Bill Nos. 5473 5474 5475 5476 5477 5478 5479 5480 5481 5482 5483 5484 5485 5486

5487 5488 5489

House Joint Resolution SS

Messages from the House

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

Senate Bill No. 291

The motion prevailed.

Senator Meekhof moved that rule 3.202 be suspended to permit immediate consideration of the following bill:

Senate Bill No. 685

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

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 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.

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. 142 Yeas—37

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Whitmer

Gleason Johnson Pavlov Young

Green

Nays—1

Warren

Excused—0

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Third Reading of Bills

Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 596

Senate Bill No. 755

Senate Bill No. 890

Senate Bill No. 934

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 596, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520d and 520e (MCL 750.520d and 750.520e), as amended by 2007 PA 163.

The question being on the passage of the bill,

Senator Jones offered the following amendment:

1. Amend page 7, following line 1, by inserting:

“Enacting section 1. This amendatory act takes effect July 1, 2012.”.

The amendment 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. 143 Yeas—36

Anderson Green Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Whitmer

Gleason Johnson Pavlov Young

Nays—2

Gregory Warren

Excused—0

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. 755, entitled

A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending section 2a (MCL 780.652a), as added by 1996 PA 186.

The question being on the passage of the bill,

Senator Jones offered the following amendment:

1. Amend page 2, following line 11, by inserting:

“Enacting section 1. This amendatory act takes effect July 1, 2012.” and renumbering the remaining enacting section.

The amendment 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. 144 Yeas—36

Anderson Green Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Whitmer

Gleason Johnson Pavlov Young

Nays—2

Gregory Warren

Excused—0

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. 890, entitled

A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 8 (MCL 28.728), as amended by 2011 PA 18.

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. 145 Yeas—38

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green Jones

Nays—0

Excused—0

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. 934, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 520b, 520c, 520d, and 520e (MCL 750.520b, 750.520c, 750.520d, and 750.520e), as amended by 2007 PA 163.

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. 146 Yeas—38

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green Jones

Nays—0

Excused—0

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

Resolutions

Senator Meekhof moved that the following resolutions be placed at the head of the Resolutions calendar:

Senate Resolution No. 115

Senate Concurrent Resolution No. 26

The motion prevailed.

Senate Resolution No. 115.

A resolution to memorialize Congress to adopt and submit to the states for ratification an amendment to the United States Constitution to require a balanced budget.

The question being on the adoption of the resolution,

Senators Whitmer and Hunter offered the following substitute:

A resolution to memorialize Congress to adopt and submit to the states for ratification an amendment to the United States Constitution to require a balanced budget.

Whereas, Our country is faced with difficult economic times, including long-term unemployment, declining investments in education, significant challenges to Social Security and Medicare, increasing numbers of tax loopholes and preferential tax treatment, and significant annual and cumulative budget deficits; and

Whereas, These problems must be addressed in order to move forward and compete for jobs in the new global economy, if we want future generations to enjoy the opportunities past generations have known; and

Whereas, A permanent fix will require Congress to stop the posturing that has influenced all other discussions of this issue and which work against finding a reasonable solution to move the country forward; and

Whereas, Congress has recently been unable to come together to make the difficult decisions, despite the very recent history of budget surpluses during the Clinton Administration; and

Whereas, The public has demanded that any solution must include a balance of revenue from those who have benefitted the most from the current system of special treatment, and cuts and financial restraints as well as cuts in spending, as the public has demanded; and

Whereas, Our promises to Social Security and Medicare should not be treated as “so-called entitlements” when people have paid into those systems for decades, and they must be protected and their promises kept for future generations; and

Whereas, Prior to a vote on a constitutional amendment, we call on Congress to investigate contractor overruns. We further call on Congress to investigate preferential tax loopholes, and we further call on Congress to investigate ways to streamline federal government service delivery to secure budget savings; and

Whereas, Following the results of those investigations, we call on Congress to act swiftly to realize savings found from those investigations; and

Whereas, Congress has both the capacity and the responsibility to adopt and submit to the states for ratification an amendment to the United States Constitution to require a balanced budget; now, therefore, be it

Resolved by the Senate, That if Congress is still unable to do the work required of it, we memorialize Congress to adopt and submit to the states for ratification an amendment to the United States Constitution to require a balanced budget in accordance with the views expressed in this resolution; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The question being on the adoption of the substitute,

Senator Meekhof moved that further consideration of the resolution be postponed for today.

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 President, Lieutenant Governor Calley, designated Senator Casperson as Chairperson.

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

Senate Bill No. 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 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. 937, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 8115a (MCL 500.8115a), as added by 2004 PA 217.

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 proceeded to the order of

Introduction and Referral of Bills

Senators Meekhof, Marleau, Brandenburg, Hansen, Hildenbrand, Schuitmaker, Proos, Rocca, Booher, Pavlov, Richardville, Kowall and Jones introduced

Senate Bill No. 1023, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16278.

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

Senators Kahn, Marleau, Brandenburg, Anderson, Green and Booher introduced

Senate Bill No. 1024, entitled

A bill to prohibit persons who have certain economic relationships with Iran from submitting bids or entering into contracts with this state, political subdivisions of this state, and other public entities; to require bidders for certain public contracts to submit certification of eligibility with the bid; to require reports; and to provide for sanctions for false certification.

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

Senators Pappageorge, Marleau, Brandenburg, Anderson, Green and Booher introduced

Senate Bill No. 1025, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2008 PA 133.

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

Senators Marleau, Brandenburg, Anderson, Green and Booher introduced

Senate Bill No. 1026, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241 (MCL 18.1241), as amended by 2010 PA 22.

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

Senators Booher, Marleau, Brandenburg, Anderson and Green introduced

Senate Bill No. 1027, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15.

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

Senators Brandenburg, Marleau, Green and Booher introduced

Senate Bill No. 1028, entitled

A bill to amend 1971 PA 140, entitled “Glenn Steil state revenue sharing act of 1971,” (MCL 141.901 to 141.921) by adding section 17b.

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

Senators Kowall, Marleau, Brandenburg, Green and Booher introduced

Senate Bill No. 1029, 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,” (MCL 247.651 to 247.675) by adding section 1j.

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

Senators Caswell, Hansen and Colbeck introduced

Senate Bill No. 1030, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 682 (MCL 257.682), as amended by 1990 PA 188.

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

Senator Casperson introduced

Senate Bill No. 1031, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 52702 and 52706 (MCL 324.52702 and 324.52706), section 52702 as added by 1995 PA 57 and section 52706 as amended by 2006 PA 179.

The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.

Senator Booher introduced

Senate Bill No. 1032, entitled

A bill to make, supplement, and adjust appropriations for the department of treasury for the fiscal year ending September 30, 2012; and to provide for the expenditure of the appropriations.

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

House Bill No. 4265, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 11512b.

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 Energy and Technology.

House Bill No. 4266, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11507a and 11514 (MCL 324.11507a and 324.11514), section 11507a as amended by 2004 PA 39 and section 11514 as amended by 2008 PA 394.

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 Energy and Technology.

House Bill No. 5063, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 22e, 32, 477, 480, 558, and 560b (MCL 168.22e, 168.32, 168.477, 168.480, 168.558, and 168.560b), section 22e as added by 1995 PA 261, section 477 as amended by 1999 PA 219, and section 558 as amended and section 560b as added by 2002 PA 163, and by adding section 483a; 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 Local Government and Elections.

House Bill No. 5084, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 229 (MCL 436.1229), as amended by 2011 PA 166.

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 Regulatory Reform.

House Bill No. 5297, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2011 PA 163.

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 Local Government and Elections.

Committee Reports

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 939, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 14.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Kowall and Meekhof

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 940, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2008 PA 133.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Kowall and Meekhof

Nays: Senator Warren

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 941, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 13537 and 13832.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Kowall and Meekhof

Nays: Senator Warren

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 942, entitled

A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 23 (MCL 325.1023).

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Kowall and Meekhof

Nays: Senator Warren

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, March 15, 2012, at 8:30 a.m., Room 210, Farnum Building

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

Excused: Senators Green and Hood

The Committee on Agriculture reported

House Bill No. 5130, entitled

A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending sections 1101, 1105, 1107, 1109, 1111, 1113, 2119, 2125, 2127, 2129, 3103, 3105, 3125, 3127, 3133, 4102, 4103, 4105, 4111, 4117, 4123, 4125, 4127, 4129, 5101, 5105, 6101, 6107, 6129, 6135, 7101, 7113, 7133, 7137, and 8107 (MCL 289.1101, 289.1105, 289.1107, 289.1109, 289.1111, 289.1113, 289.2119, 289.2125, 289.2127, 289.2129, 289.3103, 289.3105, 289.3125, 289.3127, 289.3133, 289.4102, 289.4103, 289.4105, 289.4111, 289.4117, 289.4123, 289.4125, 289.4127, 289.4129, 289.5101, 289.5105, 289.6101, 289.6107, 289.6129, 289.6135, 289.7101, 289.7113, 289.7133, 289.7137, and 289.8107), section 1105 as amended by 2010 PA 113, section 1107 as amended by 2008 PA 338, sections 1109, 2119, 2125, 2129, 3103, 3125, 3127, and 4103 as amended by 2007 PA 113, section 4102 as added by 2010 PA 112, section 4105 as amended by 2010 PA 145, sections 4111, 4117, 4125, 5101, 5105, 6101, 6129, 7113, 7137, and 8107 as amended by 2007 PA 114, and section 7101 as amended by 2002 PA 487, and by adding sections 2132, 4114, 7104, 7112, and 7114; and to repeal acts and parts of acts.

With the recommendation that the following amendments be adopted and that the bill then pass:

1. Amend page 13, line 4, by striking out all of subparagraph (iv).

2. Amend page 34, line 19, after “exceed” by striking out “$15,000.00” and inserting “$24,999.00”.

3. Amend page 37, line 14, by striking out “$15,000.00” and inserting “$24,999.00”.

4. Amend page 57, line 16, by striking out all of subdivision (N) and relettering the remaining subdivisions.

5. Amend page 61, following line 15, by inserting:

“(10) THIS ACT DOES NOT APPLY TO A PERSON WHO MEETS ALL OF THE FOLLOWING REQUIREMENTS:

(A) IS DIRECTLY RESPONSIBLE FOR PRODUCING EGGS FROM FEWER THAN 3,000 HENS.

(B) ONLY SELLS EGGS DIRECTLY TO CONSUMERS OR FIRST RECEIVERS.

(C) ONLY SELLS EGGS IN CONTAINERS THAT EACH BEAR A LABEL STATING “PACKAGED IN A FACILITY THAT HAS NOT BEEN INSPECTED BY THE DEPARTMENT.”.

(D) DOES NOT SELL EGGS THROUGH THE INTERNET OR BY MAIL ORDER OR CONSIGNMENT.”.

6. Amend page 65, following line 8, by inserting:

“Enacting section 2. This amendatory act takes effect October 1, 2012.”.

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

Joseph R. Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Meeting held on Thursday, March 15, 2012, at 9:05 a.m., Room 110, Farnum Building

Present: Senators Hune (C), Booher, Emmons, Hansen and Gleason

The Committee on Health Policy reported

Senate Resolution No. 120.

A resolution to affirm the rights of the citizens of the state of Michigan to make their own health care decisions, express support for an interstate health care compact, and memorialize Congress to ratify an interstate compact.

(For text of resolution, see Senate Journal No. 16, p. 222.)

With the recommendation that the resolution be adopted.

James A. Marleau

Chairperson

To Report Out:

Yeas: Senators Marleau, Robertson, Hune, Jones and Schuitmaker

Nays: Senators Warren and Gleason

The resolution was placed on the order of Resolutions.

The Committee on Health Policy reported

Senate Bill No. 973, entitled

A bill to enter into the interstate health care compact; and for related purposes.

With the recommendation that the bill pass.

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

James A. Marleau

Chairperson

To Report Out:

Yeas: Senators Marleau, Robertson, Hune, Jones, Schuitmaker and Gleason

Nays: Senator Warren

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Thursday, March 15, 2012, at 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Marleau (C), Robertson, Hune, Jones, Schuitmaker, Warren and Gleason

Excused: Senator Emmons

COMMITTEE ATTENDANCE REPORT

The Committee on Outdoor Recreation and Tourism submitted the following:

Meeting held on Thursday, March 15, 2012, at 12:30 p.m., Room 210, Farnum Building

Present: Senators Hansen (C), Meekhof, Casperson, Moolenaar, Gleason and Young

Excused: Senator Hildenbrand

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Community Health submitted the following:

Meeting held on Thursday, March 15, 2012, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Moolenaar (C), Caswell, Booher and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Licensing and Regulatory Affairs submitted the following:

Meeting held on Thursday, March 15, 2012, at 1:30 p.m., Room 405, Capitol Building

Present: Senators Jansen (C), Proos and Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on State Police and Military Affairs submitted the following:

Meeting held on Thursday, March 15, 2012, at 3:00 p.m., Room 405, Capitol Building

Present: Senators Colbeck (C), Pappageorge and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Judiciary submitted the following:

Meeting held on Thursday, March 15, 2012, at 3:30 p.m., Room 110, Farnum Building

Present: Senators Proos (C), Schuitmaker and Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Community Colleges submitted the following:

Meeting held on Friday, March 16, 2012, at 3:30 p.m., Kalamazoo Valley Community College, 7107 Elm Valley Drive, Room A1020, Kalamazoo

Present: Senators Booher (C), Schuitmaker and Anderson

Scheduled Meetings

Appropriations - Thursday, March 22, 10:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)

Subcommittees -

Community Colleges - Wednesday, March 28, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Health Department - Thursday, March 22, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

General Government - Tuesday, March 27, 2:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Higher Education - Thursday, March 29, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Human Services Department - Tuesday, March 27, 2:00 p.m., Room 210, Farnum Building (373-2768)

K-12, School Aid, Education - Wednesday, March 21, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building and 3:30 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Licensing and Regulatory Affairs Department - Thursday, March 22, 1:30 p.m., Rooms 402 and 403, Capitol Building (373-2768)

State Police and Military Affairs - Thursdays, March 22 and March 29, Rooms 402 and 403, Capitol Building (373-2768)

Transportation - Wednesday, March 28, 3:00 p.m. or later immediately following Appropriations meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Families, Seniors and Human Services - Wednesday, March 21, 3:00 p.m., Room 210, Farnum Building (373-5324)

Finance - Wednesday, March 21, 12:30 p.m., Room 210, Farnum Building (373-5307)

Natural Resources, Environment and Great Lakes - Thursday, March 22, 9:00 a.m., Room 210, Farnum Building (373-5323)

Outdoor Recreation and Tourism - Thursday, March 22, 12:30 p.m., Room 210, Farnum Building (373-5323)

Regulatory Reform - Thursday, March 22, 12:30 p.m., Room 110, Farnum Building (373-5307)

Senate Fiscal Agency Board of Governors - Thursday, March 22, 9:00 a.m., Room S-324, Capitol Building (373-2768)

State Drug Treatment Court Advisory Committee - Tuesday, March 27, 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 10:48 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, March 21, 2012, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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