No. 96
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2013
Senate Chamber, Lansing, Thursday, November 14, 2013.
10:00 a.m.
The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present Pappageorge—present
Anderson—present Hopgood—present Pavlov—present
Bieda—present Hune—present Proos—present
Booher—present Hunter—present Richardville—present
Brandenburg—present Jansen—present Robertson—present
Casperson—present Johnson—present Rocca—present
Caswell—present Jones—present Schuitmaker—present
Colbeck—present Kahn—present Smith—present
Emmons—present Kowall—present Walker—present
Green—present Marleau—present Warren—present
Gregory—present Meekhof—present Whitmer—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Senator Michael L. Nofs of the 19th District offered the following invocation:
Father, we thank You for this day that we are here safely gathered together. We thank You for the bountiful goodness, and we pray for strength, wisdom, and clarity of thought as we consider issues confronting this great state. We ask also that Your grace and mercy rest upon our State Legislature, our Governor, and our national leaders as we work together to create and minister good public policy for the benefit of all.
Father, on Monday, we were reminded of the proud work that our veterans have done on behalf of all of us in ensuring our safety, our well-being, and our freedom. I pray that You will continue to bless those who have served and continue to serve us each and every day.
This we pray in Your name and the Son of You, Father, Jesus Christ, forever and always. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Rocca, Pappageorge, Kahn, Johnson and Young entered the Senate Chamber.
Senator Hopgood moved that Senator Hunter be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Emmons admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senator Walker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Walker’s statement is as follows:
I’ve got a Special Tribute that I’d like to present to one of my special employees. Brianna Mills has accepted a position at a new location, and I’d like to present her with this tribute today. I’d like to read briefly and honor Brianna for her work in my office:
“LET IT BE KNOWN, That it is with great pleasure to honor and thank Brianna as she departs from the Michigan State Senate this week in order to assume the role of a fundraiser for Grassroots Midwest. Brianna’s dedicated service to this great state and its residents spans over 13 years. Her passion for public service and helping the greater will will be greatly missed. On behalf of the lawmakers, staff, and all who have worked with her, we extend our best wishes for the new journey ahead.”
Let me just briefly recap what Brianna has done here with and for us:
“Brianna’s love for Michigan and all it has to offer started at an early age where she spent many summers exploring all its wonders. Even through her roots here in Southwest Michigan, it was her desire to be surrounded by water, quaint towns, and beautiful outdoors that constantly led her to spend time in Northern Michigan’s God country. She received a bachelor’s degree in sociology from Michigan State University. In October of 2005, she married her best friend James, and a few years later, their family was complete with the addition of their pug family child, Ollie.” We had to mention her pug dogs.
“Brianna’s journey working for the state of Michigan started in the office of the Secretary of the Senate as a page, where she was later promoted to supervisor of the department overseeing the pages’ services. She then went on to work for State Senator Glenn Steil as a constituent specialist. After Senator Steil was term-limited, Brianna began working in my office as a State Representative as my office manager and constituent director.
She worked in my office there for all six years. Brianna’s expertise and finesse with fundraising started with her time working on the House Republican Campaign Committee after she worked for me. Between 2009 and 2011, she worked tirelessly around the state to ensure candidates and incumbents were ready and prepared for a successful election day.
Then when I became a State Senator in the 37th District, Brianna again came back to our office, thankfully, and applied her vast knowledge and experience to the position of legislative committee aide, scheduler, and fundraiser for me. These multiple roles were executed with great ease and great attention to detail. We certainly appreciated all of her work. She will certainly be missed by all those who have worked with her, and we wish her the best in the months and years to come.”
Grassroots Midwest is truly gaining an individual who deeply cares about this state and its citizens through her commitment and passion for public service. Everybody, I hope you can share my appreciation for everything Bri has done for not only my office, but our caucus and our state.
The President, Lieutenant Governor Calley, assumed the Chair.
The following communication was received and read:
Office of the Senate Majority Leader
November 13, 2013
Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 674 from the Senate Committee on Government Operations to the Senate Committee on Judiciary.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Randy Richardville
Senate Majority Leader
The communication was referred to the Secretary for record.
The following communication was received and read:
Office of the Auditor General
November 7, 2013
Enclosed for your records is a copy of the executed engagement contract for the financial audit of the Michigan Legislature for the fiscal years ending September 30, 2013 and September 30, 2014.
If you have questions about your contract, please contact me.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Secretary for record.
The following communications were received and read:
Office of the Auditor General
November 8, 2013
Enclosed is a copy of the following audit report:
Follow-up report on the Accessible Web-Based Activity and Reporting Environment, Department of Human Services and Department of Technology, Management, and Budget.
November 8, 2013
Enclosed is a copy of the following audit report:
Performance audit of Parole and Probation Services, Department of Corrections.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The audit reports were referred to the Committee on Government Operations.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, November 13:
House Bill Nos. 4688 4893 5005 5017 5073 5103
The Secretary announced that the following bills were printed and filed on Wednesday, November 13, and are available at the Michigan Legislature website:
House Bill Nos. 5141 5142 5143 5144
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:13 a.m.
11:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senator Hunter entered the Senate Chamber.
Senator Meekhof moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:
Senate Bill No. 440
Senate Bill No. 441
Senate Bill No. 661
The motion prevailed, a majority of the members serving voting therefor.
Messages from the Governor
The following messages from the Governor were received and read:
November 12, 2013
I respectfully submit to the Senate the following appointments to office:
Michigan Film Office Advisory Council
Brian M. Winn of 1485 Belvedere Avenue, Okemos, Michigan 48864, county of Ingham, representing residents of the state, succeeding himself, is reappointed for a term expiring September 30, 2017.
Hopwood DePree of 720 Goldenrod Avenue, Holland, Michigan 48423, county of Ottawa, representing broad areas of film and motion picture making, production of television programs and commercials, and related industries in Michigan, succeeding himself, is reappointed for a term expiring September 30, 2017.
Terry N. Terry of 6204 Coleman Road, East Lansing, Michigan 48823, county of Ingham, representing broad areas of film and motion picture making, production of television programs and commercials, and related industries in Michigan, succeeding Sue Marx, is appointed for a term expiring September 30, 2017.
John Loeks, III, of 449 Edgemere Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing Michigan-based theater owners, succeeding Cory Jacobson, is appointed for a term expiring September 30, 2017.
Sanford E. Nelson of 32550 Rock Ridge, Farmington Hills, Michigan 48334, county of Oakland, nominee of the Senate Majority Leader, succeeding Danielle Karmanos, is appointed for a term expiring September 30, 2015.
November 13, 2013
I respectfully submit to the Senate the following appointment to office:
Committee on Juvenile Justice
Austin Schmidt of 2502 Stobbe Street, Saginaw, Michigan 48602, county of Saginaw, representing members who have been or are currently under the jurisdiction of the juvenile justice system and are under the age of 24 at the time of appointment, succeeding Mark Washington, is appointed for a term expiring December 31, 2014.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
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 Hildenbrand 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. 440, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 18 (MCL 169.218), as amended by 2006 PA 89.
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. 441, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 18a.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 661, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33, 46, 52, 52a, and 69 (MCL 169.233, 169.246, 169.252, 169.252a, and 169.269), section 33 as amended by 2012 PA 273, sections 52 and 69 as amended by 2001 PA 250, and section 52a as added by 1995 PA 264.
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 Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 440
Senate Bill No. 441
Senate Bill No. 661
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 440, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 18 (MCL 169.218), as amended by 2006 PA 89.
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. 527 Yeas—37
Ananich Gregory Jones Proos
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green
Nays—1
Young
Excused—0
Not Voting—0
In The Chair: President
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 441, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 18a.
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. 528 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
Protest
Senator Whitmer, under her constitutional right of protest (Art. 4, Sec. 18), protested against the motion to give Senate Bill No. 441 immediate effect.
Senator Whitmer’s statement is as follows:
I rise for my “no” vote explanation on my vote on immediate effect. Accordingly, I wanted to register my “no” and my “no” vote explanation. I asked for an explanation from the sponsor of the bill and—nothing. I can’t help but wonder if the sponsor, the Senator from the 26th District, has something to hide or if he just knows nothing about the bill. I don’t understand why I didn’t get the explanation that I asked for, and I wanted that to be registered in the Journal.
The following bill was read a third time:
Senate Bill No. 661, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 4, 6, 26, 33, 46, 52, 52a, 55, and 69 (MCL 169.204, 169.206, 169.226, 169.233, 169.246, 169.252, 169.252a, 169.255, and 169.269), sections 4, 6, and 33 as amended by 2012 PA 273, sections 26, 52, and 69 as amended by 2001 PA 250, section 52a as added by 1995 PA 264, and section 55 as amended by 2012 PA 277.
The question being on the passage of the bill,
Senator Whitmer offered the following amendments:
1. Amend page 19, line 22, after “$3,400.00” by striking out “$6,800.00” and inserting “$1,700.00”.
2. Amend page 19, line 26, after “$1,000.00” by striking out “$2,000.00” and inserting “$500.00”.
3. Amend page 20, line 3, after “$500.00” by striking out “$1,000.00” and inserting “$250.00”.
4. Amend page 24, line 25, by striking out “$40,000.00” and inserting “$10,000.00”.
5. Amend page 28, line 10, by striking out “$6,800.00” and inserting “$1,700.00”.
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. 529 Yeas—10
Ananich Hood Smith Whitmer
Bieda Hopgood Warren Young
Gregory Johnson
Nays—28
Anderson Green Kahn Pavlov
Booher Hansen Kowall Proos
Brandenburg Hildenbrand Marleau Richardville
Casperson Hune Meekhof Robertson
Caswell Hunter Moolenaar Rocca
Colbeck Jansen Nofs Schuitmaker
Emmons Jones Pappageorge Walker
Excused—0
Not Voting—0
In The Chair: President
Senator Warren offered the following amendment:
1. Amend page 11, line 4, after “(1)” by striking out the balance of the sentence through “act.” on line 8 and inserting “ANY COMMITTEE REQUIRED TO FILE WITH THE SECRETARY OF STATE UNDER THIS ACT SHALL FILE COMPLETE CAMPAIGN STATEMENTS AS REQUIRED BY THIS ACT AND THE RULES PROMULGATED UNDER THIS ACT.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The Senators being equally divided (yeas 19; nays 19), the Lieutenant Governor voted “nay.”
The amendment was not adopted, 19 members serving and the Lieutenant Governor not voting therefor, as follows:
Roll Call No. 530 Yeas—19
Ananich Emmons Hopgood Smith
Anderson Green Hunter Warren
Bieda Gregory Johnson Whitmer
Casperson Hansen Nofs Young
Caswell Hood Rocca
Nays—19
Booher Jansen Meekhof Richardville
Brandenburg Jones Moolenaar Robertson
Colbeck Kahn Pappageorge Schuitmaker
Hildenbrand Kowall Pavlov Walker
Hune Marleau Proos
Excused—0
Not Voting—0
In The Chair: President
Senator Young offered the following amendment:
1. Amend page 18, line 27, by striking out all of subsections (2) and (3).
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 531 Yeas—16
Ananich Caswell Hopgood Smith
Anderson Gregory Hunter Warren
Bieda Hansen Jansen Whitmer
Casperson Hood Johnson Young
Nays—22
Booher Hune Moolenaar Richardville
Brandenburg Jones Nofs Robertson
Colbeck Kahn Pappageorge Rocca
Emmons Kowall Pavlov Schuitmaker
Green Marleau Proos Walker
Hildenbrand Meekhof
Excused—0
Not Voting—0
In The Chair: President
Senator Bieda offered the following amendment:
1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting:
“Sec. 3. (1) “Candidate” means an individual who meets 1 or more of the following criteria:
(a) Files a fee, an affidavit of incumbency, or a nominating petition for an elective office.
(b) Is nominated as a candidate for elective office by a political party caucus or convention and whose nomination is certified to the appropriate filing official.
(c) Receives a contribution, makes an expenditure, or gives consent for another person to receive a contribution or make an expenditure with a view to bringing about the individual’s nomination or election to an elective office, whether or not the specific elective office for which the individual will seek nomination or election is known at the time the contribution is received or the expenditure is made.
(d) Is an officeholder who is the subject of a recall vote.
(e) Holds an elective office, unless the officeholder is constitutionally or legally barred from seeking reelection or fails to file for reelection to that office by the applicable filing deadline. An individual described in this subdivision is considered to be a candidate for reelection to that same office for the purposes of this act only.
For purposes of sections 61 to 71, “candidate” only means, in a primary election, a candidate for the office of governor and, in a general election, a candidate for the office of governor or lieutenant governor. However, the candidates for the office of governor and lieutenant governor of the same political party in a general election shall be considered as 1 candidate.
(2) “Candidate committee” means the committee designated in a candidate’s filed statement of organization as that individual’s candidate committee. A candidate committee shall be under the control and direction of the candidate named in the same statement of organization. A CANDIDATE WHO CONTROLS OR DIRECTS A POLITICAL ORGANIZATION RECOGNIZED BY THE INTERNAL REVENUE SERVICE UNDER SECTION 527 OF THE INTERNAL REVENUE CODE, 26 USC 527, SHALL INCLUDE ALL DONORS, CONTRIBUTIONS, AND EXPENDITURES FROM THAT ORGANIZATION IN THAT PERSON’S CANDIDATE COMMITTEE FILINGS UNDER THIS ACT. A CANDIDATE CONTROLS OR DIRECTS A POLITICAL ORGANIZATION IF ANY DIRECTOR, OFFICER, OR BOARD MEMBER OF THE POLITICAL ORGANIZATION IS EMPLOYED BY OR SERVES AS AN AGENT TO THE CANDIDATE, AS MAY BE DETERMINED BY THE TOTALITY OF THE CIRCUMSTANCES. Notwithstanding subsection (4), an individual shall form a candidate committee under section 21 if the individual becomes a candidate under subsection (1).
(3) “Closing date” means the date through which a campaign statement is required to be complete.
(4) “Committee” means a person who receives contributions or makes expenditures for the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate, the qualification, passage, or defeat of a ballot question, or the qualification of a new political party, if contributions received total $500.00 or more in a calendar year or expenditures made total $500.00 or more in a calendar year. “COMMITTEE” ALSO MEANS A POLITICAL ORGANIZATION RECOGNIZED BY THE INTERNAL REVENUE SERVICE UNDER SECTION 527 OF THE INTERNAL REVENUE CODE, 26 USC 527, THAT HAS AN OFFICER, DIRECTOR, BOARD MEMBER, OR TRUSTEE WHO IS A MICHIGAN RESIDENT. An individual, other than a candidate, does not constitute a committee. A person, other than a committee registered under this act, making an expenditure to a ballot question committee, shall not, for that reason, be considered a committee for the purposes of this act unless the person solicits or receives contributions for the purpose of making an expenditure to that ballot question committee.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The Senators being equally divided (yeas 19; nays 19), the Lieutenant Governor voted “nay.”
The amendment was not adopted, 19 members serving and the Lieutenant Governor not voting therefor, as follows:
Roll Call No. 532 Yeas—19
Ananich Gregory Hunter Smith
Anderson Hansen Johnson Warren
Bieda Hildenbrand Proos Whitmer
Casperson Hood Rocca Young
Green Hopgood Schuitmaker
Nays—19
Booher Hune Marleau Pavlov
Brandenburg Jansen Meekhof Richardville
Caswell Jones Moolenaar Robertson
Colbeck Kahn Nofs Walker
Emmons Kowall Pappageorge
Excused—0
Not Voting—0
In The Chair: President
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 533 Yeas—20
Brandenburg Hune Marleau Richardville
Casperson Jansen Meekhof Robertson
Caswell Jones Moolenaar Rocca
Emmons Kahn Nofs Schuitmaker
Hildenbrand Kowall Pappageorge Walker
Nays—18
Ananich Green Hunter Smith
Anderson Gregory Johnson Warren
Bieda Hansen Pavlov Whitmer
Booher Hood Proos Young
Colbeck Hopgood
Excused—0
Not Voting—0
In The Chair: President
Senator Meekhof moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
Senators Young and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Young’s statement is as follows:
Mr. President, I rise today to offer an amendment to this bill which strips out language that was added at the last minute in committee this morning without any explanation or notice to me. I would’ve said something in committee, but the amendment moved so fast that I got whiplash. I thought that was funny. Nevermind. The committee process is a sham, and members of the committee are asked to vote on language in a bill that is offered at the last minute and never discussed in committee.
This language, which was added at the last minute, exempts from the definition of exemptions under the campaign finance act all communications unless they expressly contain words like “vote for” or “vote against.” This is unnecessarily limiting and self-serving. It is exactly the opposite of what the Secretary of State just proposed to close loopholes in the act. This is the hypocrisy of our democracy, and my amendment would strike this language. I ask for your support.
Senator Bieda’s statement is as follows:
I rise today to offer an amendment that would open up the doors and provide for transparency as to the so-called 527 committees. Five twenty-seven has been in the news quite a bit, especially during the last presidential election cycle. It’s secretive money in the system, and there’s no transparency, though the controllers of the 527s have to report to the IRS. The public doesn’t know who’s donating to this.
This would simply require that if you have 527 organizations that are perfectly legal under the IRS, we also go that extra step and allow for some transparency in government. It’s a good-government amendment. I encourage your support to shed some light on the secretive money that enters into the public stream.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Meekhof 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. 663
The motion prevailed, a majority of the members serving voting therefor.
Messages from the House
Senate Bill No. 171, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2004 PA 587.
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.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 534 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
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.
Senate Bill No. 172, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 73109 and 73110 (MCL 324.73109 and 324.73110), as amended by 1998 PA 546.
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.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 535 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
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.
House Bill No. 4277, entitled
A bill to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.
The House of Representatives has amended the Senate substitute (S-1) as follows:
1. Amend page 10, line 3, by striking out all of enacting section 2.
The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the full title.
Pursuant to rule 3.202, the bill was laid over one day.
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 Hildenbrand as Chairperson.
After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No. 4242, entitled
A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 45 (MCL 24.245), as amended by 2011 PA 242.
House Bill No. 5002, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1061.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 169, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending the title, a division heading, and section 244 (MCL 257.244), the title as amended by 2010 PA 10 and section 244 as amended by 2008 PA 539, and by adding sections 2b, 663, 664, 665, 666, and 817.
Substitute (S-4).
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. 663, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2949b.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4064, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 832, 859, 1427, 2137, and 8344 (MCL 600.832, 600.859, 600.1427, 600.2137, and 600.8344), sections 859 and 8344 as amended by 2005 PA 326 and section 2137 as amended by 2009 PA 239, and by adding sections 1426 and 1428; and to repeal acts and parts of acts.
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:
House Bill No. 4532, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 832, 859, and 1427 (MCL 600.832, 600.859, and 600.1427), section 859 as amended by 2005 PA 326, and by adding sections 1426 and 1428.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:
Senate Bill No. 169
Senate Bill No. 663
The motion prevailed, a majority of the members serving voting therefor.
The following bill was announced:
House Bill No. 4633, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 224 (MCL 257.224), as amended by 2012 PA 491.
(This bill was defeated on November 6 and the motion to reconsider the vote postponed. See Senate Journal No. 92, p. 1734.)
The question being on the motion to reconsider the vote by which the bill was defeated,
The motion prevailed.
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. 536 Yeas—21
Ananich Hopgood Meekhof Smith
Bieda Jansen Pappageorge Walker
Casperson Kahn Pavlov Warren
Gregory Kowall Proos Whitmer
Hansen Marleau Richardville Young
Hood
Nays—17
Anderson Emmons Hunter Nofs
Booher Green Johnson Robertson
Brandenburg Hildenbrand Jones Rocca
Caswell Hune Moolenaar Schuitmaker
Colbeck
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 396
Senate Bill No. 610
Senate Bill No. 463
Senate Bill No. 491
Senate Bill No. 612
Senate Bill No. 641
Senate Bill No. 665
Senate Bill No. 666
Senate Bill No. 169
Senate Bill No. 663
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 396, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34d (MCL 211.34d), as amended by 2012 PA 185.
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. 537 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 610, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224b (MCL 750.224b), as amended by 2008 PA 196.
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. 538 Yeas—36
Ananich Green Jones Proos
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 Whitmer
Emmons Jansen Pavlov Young
Nays—2
Johnson Warren
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 463, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 225 (MCL 257.225), as amended by 1995 PA 129.
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. 539 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 491, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 219 (MCL 257.219), as amended by 2010 PA 155.
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. 540 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 612, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1108 (MCL 339.1108), as amended by 1988 PA 463.
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. 541 Yeas—31
Ananich Hood Meekhof Rocca
Anderson Hopgood Moolenaar Schuitmaker
Casperson Hune Nofs Smith
Colbeck Hunter Pappageorge Walker
Emmons Johnson Pavlov Warren
Gregory Kahn Proos Whitmer
Hansen Kowall Richardville Young
Hildenbrand Marleau Robertson
Nays—7
Bieda Brandenburg Green Jones
Booher Caswell Jansen
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 641, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2502a, 2504, and 2508 (MCL 339.2502a, 339.2504, and 339.2508), section 2502a as added by 2002 PA 611, section 2504 as amended by 2003 PA 196, and section 2508 as amended by 1988 PA 16, and by adding section 2504a.
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. 542 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 665, entitled
A bill to designate the state capitol and the grounds of the state capitol as a state historic site; and to prescribe the powers and duties of certain state agencies and officials.
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. 543 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 666, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending sections 104a and 1702 (MCL 4.1104a and 4.1702), section 104a as added by 1995 PA 189 and section 1702 as added by 1987 PA 123; 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. 544 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 169, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending the title, a division heading, and sections 35a, 36, 244, and 602b (MCL 257.35a, 257.36, 257.244, and 257.602b), the title as amended by 2010 PA 10, section 35a as amended by 1980 PA 515, section 244 as amended by 2008 PA 539, and section 602b as amended by 2013 PA 36, and by adding sections 2b, 663, 665, 666, and 817.
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. 545 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The Assistant President pro tempore, Senator Hansen, assumed the Chair.
The following bill was read a third time:
Senate Bill No. 663, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2949b.
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. 546 Yeas—38
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hune Nofs Walker
Caswell Hunter Pappageorge Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: Hansen
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Meekhof moved that consideration of the following resolution be postponed for today:
Senate Resolution No. 34
The motion prevailed.
House Concurrent Resolution No. 14.
A concurrent resolution prescribing the legislative schedule.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, November 14, 2013, it stands adjourned until Tuesday, December 3, 2013, at 1:30 p.m.; and be it further
Resolved, That when the Senate adjourns on Thursday, November 14, 2013, it stands adjourned until Tuesday, December 3, 2013, at 10:00 a.m.
The House of Representatives has adopted the concurrent resolution.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The concurrent resolution was adopted.
Senators Booher, Marleau and Pappageorge were named co‑sponsors of the concurrent resolution.
Introduction and Referral of Bills
Senator Booher introduced
Senate Bill No. 685, entitled
A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28c (MCL 290.628c), as amended by 2012 PA 254.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
Senators Walker, Casperson, Hansen, Booher, Kowall, Proos, Meekhof and Brandenburg introduced
Senate Bill No. 686, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 43 (MCL 421.43), as amended by 2004 PA 243.
The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.
Senator Booher introduced
Senate Bill No. 687, entitled
A bill to regulate the provision of certain utility services by certain municipalities; and to provide remedies.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
Senators Pappageorge, Colbeck and Caswell introduced
Senate Bill No. 688, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding sections 105g and 105h.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Caswell, Pappageorge and Colbeck introduced
Senate Bill No. 689, entitled
A bill to create health coverage options for certain residents of this state; to promote the availability and affordability of health coverage in this state; to create a mechanism for residents of this state to secure essential health care benefits; to create funds; to provide for the powers and duties of certain state and local governmental officers and entities; to allow for the promulgation of rules; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Moolenaar, Hildenbrand, Pappageorge, Warren, Green, Meekhof, Casperson and Brandenburg introduced
Senate Bill No. 690, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17801, 17820, 17822, and 17824 (MCL 333.17801, 333.17820, 333.17822, and 333.17824), sections 17801 and 17820 as amended and section 17824 as added by 2009 PA 55 and section 17822 as amended by 2005 PA 281.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Warren, Hildenbrand, Moolenaar, Pappageorge, Green, Meekhof, Casperson and Brandenburg introduced
Senate Bill No. 691, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), as amended by 2009 PA 225.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Casperson, Hildenbrand, Moolenaar, Pappageorge, Warren, Green, Meekhof and Brandenburg introduced
Senate Bill No. 692, entitled
A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 3 (MCL 550.53), as amended by 2009 PA 224.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Hildenbrand, Moolenaar, Pappageorge, Warren, Green, Meekhof, Casperson and Brandenburg introduced
Senate Bill No. 693, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 2011 PA 266.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Green, Hildenbrand, Moolenaar, Pappageorge, Warren, Meekhof, Casperson and Brandenburg introduced
Senate Bill No. 694, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3107b, 3405, 3475, and 3631 (MCL 500.3107b, 500.3405, 500.3475, and 500.3631), section 3107b as amended by 2009 PA 222 and sections 3405, 3475, and 3631 as amended by 2009 PA 227.
The bill was read a first and second time by title and referred to the Committee on Insurance.
Senators Richardville, Smith, Young, Casperson, Ananich and Moolenaar introduced
Senate Bill No. 695, entitled
A bill to amend 1867 PA 35, entitled “Nonprofit street railway act,” by amending section 7 (MCL 472.7), as amended by 2008 PA 481.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Smith, Young, Casperson, Ananich, Moolenaar and Richardville introduced
Senate Bill No. 696, entitled
A bill to amend 1867 PA 35, entitled “Nonprofit street railway act,” by amending sections 13 and 15 (MCL 472.13 and 472.15), as amended by 2008 PA 481.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Casperson, Smith, Young, Ananich, Moolenaar and Richardville introduced
Senate Bill No. 697, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7tt.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No. 4688, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by repealing sections 16346, 18351, 18353, 18355, 18357, 18358, 18359, 18361, and 18363 (MCL 333.16346, 333.18351, 333.18353, 333.18355, 333.18357, 333.18358, 333.18359, 333.18361, and 333.18363).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
House Bill No. 4893, entitled
A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 7, and 8d (MCL 722.622, 722.627, and 722.628d), section 2 as amended by 2004 PA 563, section 7 as amended by 2011 PA 70, and section 8d as amended by 2006 PA 618.
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 Families, Seniors and Human Services.
House Bill No. 5005, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11503, 11505, and 11506 (MCL 324.11503, 324.11505, and 324.11506), sections 11503 and 11505 as amended by 2007 PA 212 and section 11506 as amended by 2012 PA 446, and by adding section 11521b.
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 Natural Resources, Environment and Great Lakes.
House Bill No. 5017, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7ss (MCL 211.7ss), as added by 2012 PA 494.
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 Economic Development.
House Bill No. 5073, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 675 (MCL 257.675), as amended by 2004 PA 151.
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. 5103, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72110 (MCL 324.72110), as amended by 2010 PA 46.
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 Outdoor Recreation and Tourism.
Statements
Senators Hopgood and Emmons asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hopgood’s statement is as follows:
I rise to speak to a very important issue within the district. Just yesterday, the DEQ issued final approval to begin operations of a hazardous waste deep injection well, just a stone’s throw from important rail lines and from one of the busiest airports for passengers in the entire country. This was on the heels of the EPA issuing their final approval to begin operations of this facility. It’s troubling because of all of the corruption that has surrounded the project; all of the questions about questionable activity. To give a very brief history of this issue, this is something that we have been dealing with for more than two decades.
The facility, the proposal, was opposed by the communities in the early going. Nevertheless, it was allowed to begin operation. Less than a year after operation, the facilities had leaks and multiple violations, were actually shut down, and the company that was operating the wells at that time—like we told everyone—went poof. They disappeared. The ownership of the facility reverted back to the Detroit police and fire pension system. Fast forward, an individual named Jim Papas sought to acquire ownership and engaged in, based on court papers, some pretty questionable behavior. There was a plea agreement that was signed by Mr. Riddle that resulted in him going to prison, which named Mr. Papas as allegedly giving $20,000 for favorable treatment from a named person at that time. Ms. Monica Conyers was a member of the pension system.
Fast forward a couple years, and two individuals—nonelected—from the pension system were named in indictments which said that Mr. Papas paid $20,000 to those individuals in poker chips, again for favorable treatment in relationship to transferring ownership of this facility to Mr. Papas. These are on the record as facts. They are not in dispute.
The question is, what is to be done at this time? What needs to happen, Mr. President, is that the U.S. Attorney in this situation needs to finish the job; needs to bring all the people who are accountable in this situation to bear. We have asked the Attorney General about this situation, and he has indicated that there is an open investigation. But the troubling thing is that even if Mr. Papas were indicted and convicted, the state lacks the authority to revoke the licenses. Therefore, we have Senate Bill No. 20, which passed this chamber months ago—unanimously—and I thank the members for their support on this issue. It’s now sitting over in the House.
So two things need to happen. The U.S. Attorney needs to finish the job and bring people accountable to bear, to justice. We need to give the state explicit authority to be able to revoke licenses if they engage in corruption or bribes in the furtherance of obtaining a state permit, which we think may have happened in this situation. It’s as simple as that. We are calling on those two actions.
Senator Emmons’ statement is as follows:
Last night, our office hosted a human trafficking awareness event on the east lawn of the Capitol. This was to honor survivors and victims of human trafficking. Our office hand-delivered invitations to every member of the Legislature, and we’re just grateful that they’re paying attention to this issue.
Despite the wind and the very cold temperatures, Senators Hansen, Casperson, Meekhof, and Marleau joined us and dozens of supporters from across the state for this event. I do want to thank you for your sincere support. That is my sincere thanks as well.
I also want to draw to your attention that in Room 53 on the ground floor of the Capitol, we are hosting a human trafficking exhibit. It is called “I Empathize.” It is an organization that focuses on human trafficking around the country and around the world. If you get a chance, please stop by.
Committee Reports
The Committee on Judiciary reported
House Bill No. 5048, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 430 (MCL 750.430), as amended by 2004 PA 223.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No. 5049, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1209 (MCL 600.1209), as added by 2012 PA 335.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic Development reported
Senate Bill No. 663, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2949b.
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.
Michael W. Kowall
Chairperson
To Report Out:
Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hansen and Ananich
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development submitted the following:
Meeting held on Wednesday, November 13, 2013, at 1:30 p.m., Room 110, Farnum Building
Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons, Hansen and Ananich
Excused: Senator Smith
The Committee on Reforms, Restructuring and Reinventing reported
Senate Bill No. 656, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 109l.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Mark C. Jansen
Chairperson
To Report Out:
Yeas: Senators Jansen, Colbeck, Casperson, Kowall and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Reforms, Restructuring and Reinventing submitted the following:
Meeting held on Wednesday, November 13, 2013, at 9:30 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Jansen (C), Colbeck, Casperson, Kowall and Warren
Excused: Senators Robertson and Young
The Committee on Finance reported
Senate Bill No. 408, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 275.
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, Pappageorge, Proos, Bieda and Warren
Nays: Senator Jansen
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 516, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651, 653, 655, and 657 (MCL 206.651, 206.653, 206.655, and 206.657), section 651 as amended by 2011 PA 171, section 653 as amended by 2011 PA 183, and sections 655 and 657 as added by 2011 PA 38.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 536, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7tt.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Wednesday, November 13, 2013, at 12:30 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Brandenburg (C), Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
The Committee on Education reported
Senate Bill No. 120, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168.
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.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Emmons and Colbeck
Nays: Senator Young
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
Senate Bill No. 121, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1167.
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.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Emmons and Colbeck
Nays: Senator Young
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
Senate Bill No. 423, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding sections 1167 and 1259.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Emmons and Colbeck
Nays: Senator Young
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
House Bill No. 4272, entitled
A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2006 PA 337.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Emmons, Colbeck, Hopgood and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Education reported
House Bill No. 4713, entitled
A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2006 PA 337.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Emmons, Colbeck, Hopgood and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Wednesday, November 13, 2013, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Pavlov (C), Emmons, Colbeck, Hopgood and Young
The Committee on Local Government and Elections reported
Senate Bill No. 440, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 18 (MCL 169.218), as amended by 2006 PA 89.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Meekhof and Brandenburg
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government and Elections reported
Senate Bill No. 441, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” (MCL 169.201 to 169.282) by adding section 18a.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Meekhof and Brandenburg
Nays: Senator Young
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local Government and Elections reported
Senate Bill No. 661, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33, 46, 52, 52a, and 69 (MCL 169.233, 169.246, 169.252, 169.252a, and 169.269), section 33 as amended by 2012 PA 273, sections 52 and 69 as amended by 2001 PA 250, and section 52a as added by 1995 PA 264.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Meekhof and Brandenburg
Nays: Senator Young
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government and Elections submitted the following:
Meeting held on Thursday, November 14, 2013, at 8:00 a.m., Room 100, Farnum Building
Present: Senators Robertson (C), Meekhof, Brandenburg and Young
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Human Services submitted the following:
Meeting held on Tuesday, November 12, 2013, at 2:00 p.m., Room 405, Capitol Building
Present: Senators Caswell (C), Jansen, Proos and Gregory
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, November 13, 2013, at 3:00 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Rocca and Nofs
Excused: Senator Gregory
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, November 13, 2013, at 3:41 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood and Hopgood
Excused: Senator Johnson
COMMITTEE ATTENDANCE REPORT
The Committee on Compliance and Accountability submitted the following:
Meeting held on Wednesday, November 13, 2013, at 4:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Meekhof (C), Brandenburg, Schuitmaker and Hopgood
Scheduled Meetings
State Drug Treatment Court Advisory Committee - Tuesday, November 26, 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 12:24 p.m.
Pursuant to House Concurrent Resolution No. 14, the Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Tuesday, December 3, 2013, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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