No. 22
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2014
Senate Chamber, Lansing, Tuesday, March 4, 2014.
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.
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
The President, Lieutenant Governor Brian N. Calley, offered the following invocation:
Lord, thank You for the opportunity today to gather together to attend to the business of the people of the state of Michigan. Please give all of those in the decision-making capacity the wisdom, honor, and integrity to do the very best that they can for the people of our great state.
We ask these things in Jesus’ name. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Brandenburg, Warren and Whitmer entered the Senate Chamber.
The following communication was received and read:
Office of the Senate Majority Leader
March 4, 2014
Pursuant to MCL 333.20915, I am appointing Senator Tom Casperson to serve on the State Emergency Medical Services Coordination Committee for a term from March 4, 2014 to December 31, 2014.
If you have any questions, please do not hesitate to contact Teri L. Ambs in my office at 373-3543.
Respectfully yours,
Randy Richardville
Senate Majority Leader
The communication was referred to the Secretary for record.
The following communication was received:
Wayne County Airport Authority
February 21, 2014
Please find enclosed a copy of our 2013 Audited Financial Statements per the requirements of Public Act 90 of 2002.
If you have any questions, please contact me at (734) 247-6775.
Sincerely,
Marge Basrai, CPA, CGMA
Controller
The communication was referred to the Secretary for record.
The following communication was received:
Public Service Commission
March 3, 2014
The enclosed 2013 Annual Report is submitted on behalf of the Michigan Public Service Commission (Commission) in accordance with Section 5a of 1989 PA 33; MCL 460.5a. The report is also available on the Commission’s website.
The Commission extended its consumer outreach efforts by participating in 73 events throughout the state ranging from utility-sponsored Customer Assistance Days to fairs. The Commission continues to make its Commission meetings available via podcast. The Commission handled 12,309 consumer contacts and assisted consumers and businesses with more than 6,635 electric and natural gas complaints and inquiries, 1,775 telecommunications complaints and inquiries, and 1,229 video/cable complaints and inquiries.
The Commission issued 630 orders, consisting of 166 telecommunications orders, 393 electric orders, 69 natural gas orders, and two motor carrier orders. The Commission also issued 22 minute actions.
Among the orders issues by the Commission during 2013 were approvals of applications to replace, construct, or operate six natural gas and two hazardous liquid pipelines. Commission gas safety engineers performed inspections and investigated all jurisdictional incidents that met the US Department of Transportation requirements. The Commission also assessed two civil penalties totaling $430,000 from Consumers Energy Company for non-compliance with the Michigan Gas Safety Standards in two pipeline explosions.
The Commission also revised the retail natural gas rates of Michigan Gas Utilities Corporation, and the retail electric rates of Consumers Energy Company and Upper Peninsula Power Company.
The Commission handled two propane-related energy emergencies, one in the Upper Peninsula and one statewide, during 2013.
Over 350 applications for motor carrier original intrastate operating authority were received and processed. More than 21,000 Unified Carrier Registration renewal notices were mailed to private, for hire, and exempt carriers operating in interstate commerce, as well as interstate brokers, freight forwarders, and leasing companies in both Michigan and the Province of Ontario. The Commission collected or received $7,545,354 from the Unified Carrier Registration program.
The Commission’s work in the telecommunications area included approving or amending licenses for 12 telephone companies. The Commission also approved 57 carriers as eligible telecommunications carriers to apply for federal Universal Service funding. Additionally, the Commission has had great success with the Connect Michigan program to advance the deployment of broadband. Michigan enhanced its national leadership position in broadband deployment as eight more counties earned “Connected Community” certification and many other communities participating in the certification process, developing plans to expand broadband access, adoption, and use in the communities.
Throughout 2013, the Commission maintained its commitment to address the needs of Michigan’s low-income and senior citizens, awarding nearly $90,000,000 in MEAP grants for low-income energy assistance to various organizations. The awards provide immediate assistance for heating needs as well as longer term assistance in reducing future heating costs for low-income and senior citizens.
In 2013, the Commission undertook a series of process improvement initiatives, including a reboot of the MPSC Scorecard, a record of the Commission’s performance on key indicators. Each division has metrics on the MPSC Scorecard to assess and be held accountable for its performance. The Scorecard is updated monthly. The Commission continues to strive for excellence in the performance of its services.
We continue to look forward to working with you on energy, telecommunications, motor carrier, and other matters to enhance services to and ensure adequate protection of Michigan residents and businesses.
Very truly yours,
John D. Quackenbush
Chairman
Greg R. White
Commissioner
Sally A. Talberg
Commissioner
The communication was referred to the Secretary for record.
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, 2013 through December 31, 2013, 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
Compliance and Accountability Senator Arlan Meekhof
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
Infrastructure Modernization Senator Roger Kahn
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, February 27:
House Bill Nos. 4855 5039 5108
The Secretary announced that the following bills were printed and filed on Thursday, February 27, and are available at the Michigan Legislature website:
House Bill Nos. 5363 5364 5365 5366 5367 5368 5369 5370 5371
The Secretary announced that the following bills were printed and filed on Friday, February 28, and are available at the Michigan Legislature website:
Senate Bill Nos. 832 833 834 835 836 837 838
House Bill Nos. 5372 5373 5374 5375 5376 5377 5378
Senator Hopgood moved that Senators Hunter, Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senators Emmons, Moolenaar, Proos, Richardville, Walker, Caswell and Green be temporarily excused from today’s session.
The motion prevailed.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:03 a.m.
11:13 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
During the recess, Senators Walker, Proos, Moolenaar, Richardville, Caswell, Johnson, Hunter, Young, Green and Emmons 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. 805
Senate Bill No. 806
Senate Bill No. 807
Senate Bill No. 808
Senate Bill No. 809
Senate Bill No. 810
Senate Bill No. 811
The motion prevailed, a majority of the members serving voting therefor.
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 Proos as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 822, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a.
Senate Bill No. 824, entitled
A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending sections 2 and 3 (MCL 484.3102 and 484.3103).
Senate Bill No. 825, entitled
A bill to amend 2012 PA 408, entitled “An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a,” by amending enacting sections 1 and 2.
Senate Bill No. 826, entitled
A bill to amend 2012 PA 401, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9m,” by amending enacting section 1.
Senate Bill No. 830, entitled
A bill to levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts.
Senate Bill No. 805, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 134a, 504, 515, 932, 1001a, 1003, 1003a, 1003b, 1003c, 1004, 1005d, and 1006 (MCL 330.1100b, 330.1134a, 330.1504, 330.1515, 330.1932, 330.2001a, 330.2003, 330.2003a, 330.2003b, 330.2003c, 330.2004, 330.2005d, and 330.2006), section 100b as amended by 2012 PA 500, section 134a as amended by 2010 PA 293, section 515 as amended by 1995 PA 290, sections 1001a, 1003a, 1003b, 1004, 1005d, and 1006 as amended and section 1003c as added by 1993 PA 252, and section 1003 as amended by 2007 PA 112.
Senate Bill No. 806, entitled
A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2010 PA 292.
Senate Bill No. 808, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 410 (MCL 550.1410), as amended by 1998 PA 24.
Senate Bill No. 809, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 20a, 21a, and 36 of chapter VIII and section 15g of chapter XVII (MCL 768.20a, 768.21a, 768.36, and 777.15g), section 20a of chapter VIII as amended by 2006 PA 655, section 21a of chapter VIII as amended by 1994 PA 56, section 36 of chapter VIII as amended by 2002 PA 245, and section 15g of chapter XVII as amended by 2008 PA 16.
Senate Bill No. 810, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43515 (MCL 324.43515), as added by 1995 PA 57.
Senate Bill No. 811, entitled
A bill to amend 1981 PA 180, entitled “Older Michiganians act,” by amending section 6 (MCL 400.586), as amended by 1987 PA 35.
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. 821, entitled
A bill to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts.
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. 823, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f and 9m (MCL 211.9f and 211.9m), section 9f as amended by 2012 PA 399 and section 9m as amended by 2013 PA 154.
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. 827, entitled
A bill to amend 2012 PA 402, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9o,” by amending enacting section 1.
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. 828, entitled
A bill to amend 2012 PA 403, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9n,” by amending enacting section 1.
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. 829, entitled
A bill to levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to provide for an exemption from that tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts.
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. 807, entitled
A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 2 (MCL 550.52).
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. 821
Senate Bill No. 822
Senate Bill No. 823
Senate Bill No. 824
Senate Bill No. 825
Senate Bill No. 826
Senate Bill No. 827
Senate Bill No. 828
Senate Bill No. 829
Senate Bill No. 830
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 783
Senate Bill No. 821
Senate Bill No. 822
Senate Bill No. 823
Senate Bill No. 824
Senate Bill No. 825
Senate Bill No. 826
Senate Bill No. 827
Senate Bill No. 828
Senate Bill No. 829
Senate Bill No. 830
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 783, entitled
A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 7 (MCL 333.26427).
The question being on the passage of the bill,
Senator Warren offered the following amendment:
1. Amend page 3, following line 10, by inserting:
“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5104 of the 97th Legislature is enacted into law.”.
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. 58 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
The question being on the passage of the bill,
The bill was passed, 3/4 of the members serving voting therefor, as follows:
Roll Call No. 59 Yeas—31
Anderson Green Kahn Proos
Bieda Hansen Kowall Richardville
Booher Hildenbrand Marleau Robertson
Brandenburg Hood Meekhof Rocca
Casperson Hune Moolenaar Schuitmaker
Caswell Hunter Nofs Smith
Colbeck Jansen Pappageorge Walker
Emmons Jones Pavlov
Nays—7
Ananich Hopgood Warren Young
Gregory Johnson Whitmer
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. 821, entitled
A bill to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts.
The question being on the passage of the bill,
Senator Whitmer offered the following amendment:
1. Amend page 37, following line 6, by inserting:
“Enacting section 4. This amendatory act does not take effect unless Senate Bill No. 658 of the 97th Legislature is enacted into law.”.
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. 60 Yeas—12
Ananich Gregory Hunter Warren
Anderson Hood Johnson Whitmer
Bieda Hopgood Smith Young
Nays—26
Booher Hansen Marleau Proos
Brandenburg Hildenbrand Meekhof Richardville
Casperson Hune Moolenaar Robertson
Caswell Jansen Nofs Rocca
Colbeck Jones Pappageorge Schuitmaker
Emmons Kahn Pavlov Walker
Green Kowall
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. 61 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Whitmer, Brandenburg and Pappageorge asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Whitmer’s statement is as follows:
My original rationale for voting against the PPT package awhile ago was my concern that it failed to make locals whole—schools, local governments—and while I see that there are many locals who support this particular package, my concern does remain. I think that there is a real potential likelihood that despite the new tax in this package, there will be a loss to the state.
Initial reports show that the first year will be in the $300 million range, the second year $400 million, and the third year $500 million range. I think that a legitimate question arises: Where is that shortfall going to come from? Considering the history of this Legislature, the Republican control here in the Capitol, I think that there is a likelihood that it could come from exactly those same groups who are applauding this as keeping them whole. For instance, our K-12 schools, pensioners, and perhaps local governments in the form of reduced revenue sharing because of the General Fund shortfall anticipated. Obviously, I remain concerned about what could come from our state employees who work so hard and continue to be asked for concessions, despite the fact that the Snyder Administration boasts of a surplus.
So if our goal is to make sure that Michigan-located businesses get help, if our goal is to hold our locals harmless, then I would submit that the logical extension would be to tie-bar this bill to the Main Street Fairness bills so that our local brick-and-mortar businesses get the equity that they need in our tax code to ensure that the state is whole in addition to our locals. Accordingly, I would submit that until that is a sure thing, it is going to be hard for me to support this package, but this would be a remedy. If we tie-bar this bill to the Main Street Fairness bill, we could accomplish all of those goals in what may very well be a unanimous vote here today.
So I submit that I would appreciate your support on this tie-bar.
Senator Brandenburg’s statement is as follow:
I would like to repeat that I am not about show business, nor am I a mouthpiece for unions. I never will be.
I would like to remind Senator Whitmer that this package of bills was supported by the MML, Michigan Association of Counties, Michigan Townships Association, Michigan Library Association, Michigan Sheriffs’ Association, Michigan Association of Police Organizations, Fraternal Order of Police, Michigan Association of Fire Chiefs, Police Officers Association of Michigan, Michigan Professional Firefighters Union, Michigan Association of School Boards, Michigan Association of Intermediate School Administrators, Michigan Community College Association, Grand Rapids Area Chamber of Commerce, Detroit Regional Chamber of Commerce, Lansing Regional Chamber of Commerce, Michigan Manufacturers Association, Michigan Chamber of Commerce, Small Business Association of Michigan, National Federation of Independent Business - Michigan, Business Leaders for Michigan, Michigan Grocers Association, Homebuilders Association of Michigan, Michigan Association of REALTORS®, Michigan Retailers Association, Michigan Soft Drink Association, Associated Builders and Contractors of Michigan, and Michigan Business Professionals Association.
In my ten years in the Legislature, I have never seen a package of bills have this much bipartisan support.
Senator Pappageorge’s statement is as follows:
Earlier, the Minority Leader spoke about a number of concerns. She also indicated that, as near as I can tell, all of those concerns would go away if this set of bills was tie-barred to a Main Street Fairness bill. Now you can’t have it both ways. You can’t say you have all of these concerns, but if you will just let me tie-bar the bill I like, they all go away. Which is it?
The following bill was read a third time:
Senate Bill No. 822, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a.
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. 62 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
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. 823, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f and 9m (MCL 211.9f and 211.9m), section 9f as amended by 2012 PA 399 and section 9m as amended by 2013 PA 154, and by adding section 27e.
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. 63 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
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. 824, entitled
A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending sections 2 and 3 (MCL 484.3102 and 484.3103).
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. 64 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
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. 825, entitled
A bill to amend 2012 PA 408, entitled “ An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a,” by amending enacting sections 1 and 2.
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. 65 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
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. 826, entitled
A bill to amend 2012 PA 401, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9m,” by amending enacting section 1.
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. 66 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
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. 827, entitled
A bill to amend 2012 PA 402, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9o,” by amending enacting section 1.
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. 67 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
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. 828, entitled
A bill to amend 2012 PA 403, entitled “An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” (MCL 211.1 to 211.155) by adding section 9n,” by amending enacting section 1.
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. 68 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
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. 829, entitled
A bill to levy a specific tax on certain personal property; to provide for the administration, collection, and distribution of the specific tax; to provide for an exemption from that specific tax; to impose certain duties on persons and certain state departments; to impose penalties; 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. 69 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
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. 830, entitled
A bill to levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to impose certain duties on persons and certain state departments; to impose penalties; 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. 70 Yeas—36
Ananich Green Johnson Pavlov
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 Warren
Nays—2
Whitmer Young
Excused—0
Not Voting—0
In The Chair: President
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 passage of Senate Bill Nos. 821, 822, 823, 824, 825, 826, 827, 828, 829, and 830 and moved that the statement she made during the discussion of Senate Bill No. 821 be printed as her reasons for voting “no.”
The motion prevailed.
Senator Whitmer’s statement is as follows:
I would like to quickly observe that my colleague from Macomb County did not like the timing of the amendment I just offered, but this sure as heck is the place for this conversation in terms of tax policy and fairness for Main Street businesses, our brick-and-mortar businesses.
I would like to reiterate a couple of things that I said and raise a couple of questions. My original rationale for not supporting the first package of PPT bills in 2012 was the concern of not making our schools and locals whole. While I acknowledge that there are some locals who now support this, my concern does remain.
There is a real potential and likelihood, despite the new law, the new tax in this package, that there will be a loss to the state. My legal concerns are that there could be a challenge based on that it is an amendment by reference. In addition, I believe that there are a couple of Headlee challenges herein. The election code and Constitution squarely vest the elections commission and director with authority on language initiatives.
Furthermore, I believe that there is a Headlee question with regard to imposing the local tax without the citizens of a community approving it. Accordingly, I think that there is a question that the use tax only applies in communities where the ballot carries the day. What if the citizens of East Lansing reject the ballot proposal and the citizens of Midland approve it, but it passes in the aggregate? Does it apply to everyone? That is a Headlee bill that could be legitimately challenged. I think that it is a question on clarity.
Additionally, I have a question with regard to does this amount to another shift in taxes from the business community onto people? If so, how short will the General Fund be? Are the initial figures of $300 million in year one, $400 million in year two, and $500 million in year three accurate? If so, where is that shortfall going to come from?
Finally, I have a few practical questions. In the language in the ballot initiative, there seems to be some hyperbole that may be an inappropriate political directive from this body to the elections commission. I don’t know that this sways the concerns of everyone, even though that was the political goal of this package of bills, and I believe that there is a potential challenge based on all the aforementioned issues in the courts.
I am hopeful that it does not come to that, that perhaps these concerns can be remedied in the House, but I certainly wanted to raise them and have them in the record so that our colleagues in the House, who get to work on this next, are educated on what our concerns are. Hopefully, they can remedy those in their negotiations and deliberations. Accordingly, I will be voting “no.”
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Ananich introduced
Senate Bill No. 839, entitled
A bill to amend 2008 PA 550, entitled “Michigan promise zone act,” by amending section 5 (MCL 390.1645).
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Jones, Robertson, Marleau, Colbeck, Moolenaar and Booher introduced
Senate Bill No. 840, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2835 (MCL 333.2835), as amended by 2012 PA 499, and by adding section 2839.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senators Jones, Booher, Robertson, Proos and Schuitmaker introduced
Senate Bill No. 841, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 300a (MCL 750.300a), as amended by 1993 PA 230.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
The President pro tempore, Senator Schuitmaker, assumed the Chair.
Senators Jones, Booher, Robertson, Proos and Schuitmaker introduced
Senate Bill No. 842, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2012 PA 169.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Jones, Booher, Robertson, Proos and Schuitmaker introduced
Senate Bill No. 843, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 43b (MCL 400.43b), as added by 2002 PA 573.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Jones, Booher, Robertson and Proos introduced
Senate Bill No. 844, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231 (MCL 750.231), as amended by 2006 PA 401.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Hansen, Jones, Nofs, Casperson, Pappageorge, Proos and Pavlov introduced
Senate Bill No. 845, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IV (MCL 764.1), as amended by 2004 PA 318.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Hildenbrand introduced
Senate Bill No. 846, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 521a (MCL 436.1521a), as amended by 2010 PA 369.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senator Hildenbrand introduced
Senate Bill No. 847, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 522 (MCL 206.522), as amended by 2013 PA 206.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Hune introduced
Senate Bill No. 848, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4bb.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No. 4855, entitled
A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 32 (MCL 432.32), as amended by 2012 PA 428.
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 Families, Seniors and Human Services.
House Bill No. 5039, entitled
A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending sections 4, 6, and 10 (MCL 722.924, 722.926, and 722.930), sections 4 and 10 as amended by 2004 PA 560 and section 6 as amended by 2013 PA 38.
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 Families, Seniors and Human Services.
House Bill No. 5108, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 465 (MCL 750.465).
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 Government Operations.
Statements
Senators Caswell and Kahn asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Caswell’s statement is as follows:
I want to report to the chamber that in 2014, you have allowed to be put into the DHS budget a project suggested by the prosecuting attorneys in the state of Michigan having to do with elder abuse. I am here to report to you that the first report has come out. It has been very successful, and I want to make you aware because I know we run legislation to accomplish some of these things, but this particular project has been extremely successful around the state.
In Delta County, the Elder Justice Project provided assistance for the investigation of embezzlement of the assets of a 90-year-old man in Escanaba. In St. Clair County, the Elder Justice Project assisted the county in a criminal case involving an 89-year-old mother whose body was dumped behind the Goodwill store. The new law that we passed in this chamber requiring every person to report a dead body has been particularly helpful to prosecutors at the beginning of an investigation. The daughter of the deceased has been successfully prosecuted and convicted.
In addition, many of our elderly have medical alerts. There have been fraudulent companies doing telemarketing calls into Michigan, and the Elder Justice Project was able to alert the media and contact each of the legitimate companies so that they could put out announcements that it was not coming from them.
Finally, one final example, the Elder Justice Project with the Lansing Police Department worked with that department to release a person who was falsely accused by a disabled adult.
The education projects around the state have been extremely successful. There is now a listserv in Michigan. A listserv for our elderly provides immediate updates to all agencies and individuals who are qualified regarding legislation and case law, answering questions regarding current investigations, finding solutions to recurring problems, reporting current scams, and freely share beliefs, notions, and information.
They reported the following: “Our efforts to form elder death review teams are literally having an effect on the number of murders being ruled natural deaths in Michigan. The deaths of our senior citizens are finally being investigated around the state. Financial institutions are beginning to require legal, durable powers of attorney which offer safeguards for the vulnerable adult. Our work with the prosecutors is encouraging prosecution in areas where it was difficult to prosecute in the past.
We have been able to connect on a statewide level with bankers, prosecutors, adult protective services, services to the aging, victim advocates, and law enforcement. We have been of tremendous assistance on an individual level helping to solve real problems with detectives, road patrols, prosecutors, and citizens. We have been active in creating a Michigan model protocol offering training to 53 of the 83 counties in the state on the proper way to investigate elder abuse.”
I want you to know how successful this has been. It continues and it is a credit to all of you in this chamber who supported the passage of the appropriations act in 2012 and 2013. We are getting there and we will continue in this vein. I believe it has been extremely effective.
Senator Kahn’s statement is as follows:
I rise to tell a story: “A farmer had some puppies he needed to sell. He painted a sign advertising the four pups and set about nailing it to a post on the edge of his yard. As he was driving the last nail into the post, he felt a tug on his overalls. He looked down into the eyes of a little boy. ‘Mister,’ he said, ‘I want to buy one of your puppies.’ ‘Well,’ said the farmer, as he rubbed the sweat off the back of his neck, ‘these puppies come from fine parents and cost a good deal of money.’
The boy dropped his head for a moment. Then reaching deep into his pocket, he pulled out a handful of change and held it up to the farmer. ‘I’ve got 39 cent. Is that enough to take a look?’ ‘Sure,’ said the farmer. And with that he let out a whistle. ‘Here Dolly,’ he called. Out from the doghouse and down the ramp ran Dolly followed by four little balls of fur.
The little boy pressed his face against the chain link fence, his eyes dancing with delight. As the dogs made their way to the fence, the little boy noticed something else stirring inside the doghouse. Slowly another little fur ball appeared; this one noticeably smaller. Down the ramp it slid. Then in a somewhat awkward manner, the little pup began hobbling toward the others, doing its best to catch up.
‘I want that one,’ the little boy said, pointing to the runt. The farmer knelt down at the boy’s side and said, ‘Son, you don’t want that puppy. He will never be able to run and play with you like these other dogs would.’ With that, the boy stepped back to the fence, reached down, and began rolling up one leg of his trousers. In doing so, he revealed a steel brace running down both sides of his leg attaching itself to a specially-made shoe.
Looking back up at the farmer, he said, ‘You see, sir, I don’t run too well myself, and he will need someone who understands.’ With tears in his eyes, the farmer reached down and picked up the little pup. Holding it carefully, he handed it to the boy. ‘How much?’ asked the little boy. ‘No charge,’ answered the farmer, ‘there’s no charge for love.’”
The world is full of people who need someone who understands. Last week was National Friendship Week. Since we are all friends here, I thought you might enjoy this story.
Committee Reports
The Committee on Local Government and Elections reported
House Bill No. 4624, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” (MCL 423.201 to 423.217) by adding section 15a.
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: Senator Young
The bill was referred to the Committee of the Whole.
The Committee on Local Government and Elections reported
House Bill No. 4740, entitled
A bill to amend 1929 PA 178, entitled “An act to provide for the establishment, operation and control of county medical care facilities by 2 or more counties of less than 1,000,000 population,” by amending section 2 (MCL 404.2).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Meekhof, Brandenburg and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government and Elections submitted the following:
Meeting held on Wednesday, February 26, 2014, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Robertson (C), Meekhof, Brandenburg and Young
The Committee on Health Policy reported
Senate Bill No. 713, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 226 (MCL 330.1226), as amended by 2009 PA 103.
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.
James A. Marleau
Chairperson
To Report Out:
Yeas: Senators Marleau, Robertson, Emmons, Hune, Warren, Johnson and Ananich
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 805, entitled
A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100b, 134a, 504, 515, 932, 1001a, 1003, 1003a, 1003b, 1003c, 1004, 1005d, and 1006 (MCL 330.1100b, 330.1134a, 330.1504, 330.1515, 330.1932, 330.2001a, 330.2003, 330.2003a, 330.2003b, 330.2003c, 330.2004, 330.2005d, and 330.2006), section 100b as amended by 2012 PA 500, section 134a as amended by 2010 PA 293, section 515 as amended by 1995 PA 290, sections 1001a, 1003a, 1003b, 1004, 1005d, and 1006 as amended and section 1003c as added by 1993 PA 252, and section 1003 as amended by 2007 PA 112.
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, Emmons, Hune, Warren, Johnson and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 806, entitled
A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2010 PA 292.
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, Emmons, Hune, Warren, Johnson and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 807, entitled
A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 2 (MCL 550.52).
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.
James A. Marleau
Chairperson
To Report Out:
Yeas: Senators Marleau, Robertson, Emmons, Hune, Warren, Johnson and Ananich
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 808, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 410 (MCL 550.1410), as amended by 1998 PA 24.
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, Emmons, Hune, Warren, Johnson and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 809, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 20a, 21a, and 36 of chapter VIII and section 15g of chapter XVII (MCL 768.20a, 768.21a, 768.36, and 777.15g), section 20a of chapter VIII as amended by 2006 PA 655, section 21a of chapter VIII as amended by 1994 PA 56, section 36 of chapter VIII as amended by 2002 PA 245, and section 15g of chapter XVII as amended by 2008 PA 16.
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, Emmons, Hune, Warren, Johnson and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 810, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43515 (MCL 324.43515), as added by 1995 PA 57.
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, Emmons, Hune, Warren, Johnson and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
Senate Bill No. 811, entitled
A bill to amend 1981 PA 180, entitled “Older Michiganians act,” by amending section 6 (MCL 400.586), as amended by 1987 PA 35.
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, Emmons, Hune, Warren, Johnson and Ananich
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 4044, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 455.
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.
James A. Marleau
Chairperson
To Report Out:
Yeas: Senators Marleau, Robertson, Emmons, Hune, Schuitmaker, Warren 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 Health Policy submitted the following:
Meeting held on Thursday, February 27, 2014, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Marleau (C), Robertson, Emmons, Hune, Schuitmaker, Warren, Johnson and Ananich
Excused: Senator Jones
The Committee on Outdoor Recreation and Tourism reported
Senate Bill No. 759, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 42501 (MCL 324.42501), as amended by 2004 PA 325.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Goeffrey M. Hansen
Chairperson
To Report Out:
Yeas: Senators Hansen, Hildenbrand, Meekhof, Casperson, Moolenaar, Young and Hopgood
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Outdoor Recreation and Tourism submitted the following:
Meeting held on Thursday, February 27, 2014, at 12:30 p.m., Room 110, Farnum Building
Present: Senators Hansen (C), Hildenbrand, Meekhof, Casperson, Moolenaar, Young and Hopgood
The Committee on Families, Seniors and Human Services reported
House Bill No. 4646, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 23d, 29, and 44 of chapter X (MCL 710.23d, 710.29, and 710.44), section 23d as amended by 2004 PA 487 and sections 29 and 44 as amended by 1996 PA 409.
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.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 4647, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 56 of chapter X (MCL 710.56), as amended by 2004 PA 487.
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.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Families, Seniors and Human Services reported
House Bill No. 4648, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 39 of chapter X (MCL 710.39), as amended by 1998 PA 94.
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.
Judith K. Emmons
Chairperson
To Report Out:
Yeas: Senators Emmons, Rocca and Nofs
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 Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, February 26, 2014, at 4:00 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Rocca and Nofs
Excused: Senator Gregory
The Committee on Regulatory Reform reported
Senate Bill No. 748, entitled
A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending sections 7 and 31 (MCL 257.1907 and 257.1931), section 7 as amended by 2000 PA 487.
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.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Hune, Meekhof, Pavlov, Johnson and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Regulatory Reform reported
House Bill No. 4484, entitled
A bill to amend 1985 PA 148, entitled “Self-service storage facility act,” by amending sections 3 and 5 (MCL 570.523 and 570.525), as amended by 2009 PA 177.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Tory Rocca
Chairperson
To Report Out:
Yeas: Senators Rocca, Jones, Hune, Meekhof, Pavlov, Johnson and Warren
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Regulatory Reform submitted the following:
Meeting held on Thursday, February 27, 2014, at 1:00 p.m., Room 210, Farnum Building
Present: Senators Rocca (C), Jones, Hune, Meekhof, Pavlov, Johnson and Warren
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development submitted the following:
Meeting held on Wednesday, February 26, 2014, at 2:30 p.m., Lansing Regional Chamber of Commerce, 500 E. Michigan Avenue, Suite 200, Lansing
Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons, Hansen and Smith
Excused: Senator Ananich
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Licensing and Regulatory Affairs submitted the following:
Meeting held on Thursday, February 27, 2014, at 9:00 a.m., Rooms 402 and 403, Capitol Building
Present: Senator Jansen (C)
Excused: Senators Proos and Johnson
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Meeting held on Thursday, February 27, 2014, at 9:00 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall and Meekhof
Excused: Senators Warren and Hood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on K-12, School Aid, Education submitted the following:
Joint meeting held on Thursday, February 27, 2014, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Walker (C), Caswell, Pappageorge and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Community Health submitted the following:
Meeting held on Thursday, February 27, 2014, at 1:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Moolenaar (C), Caswell and Booher
Excused: Senator Gregory
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Higher Education submitted the following:
Meeting held on Thursday, February 27, 2014, at 1:30 p.m., Grand Valley State University, DeVos Center, Loosemore Auditorium, 401 Fulton Street West, Grand Rapids
Present: Senators Schuitmaker (C) and Walker
Excused: Senator Hood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on State Police and Military Affairs submitted the following:
Meeting held on Thursday, February 27, 2014, at 3:00 p.m., Room 405, Capitol Building
Present: Senators Colbeck (C) and Pappageorge
Excused: Senator Gregory
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Natural Resources submitted the following:
Meeting held on Tuesday, March 4, 2014, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Green (C), Walker, Booher and Hopgood
Scheduled Meetings
Administrative Rules - Wednesday, March 12, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5773)
Appropriations - Wednesday, March 5, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)
Subcommittees -
Agriculture and Rural Development - Tuesdays, March 11, March 18 and March 25 (CANCELED), 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Community Colleges and House Community Colleges Appropriations Subcommittee - Friday, March 7, 1:00 p.m., Monroe County Community College, La-Z-Boy Center, Quad Room, 1555 South Raisinville Road, Monroe (373-2768)
Corrections Department - Thursdays, March 6, March 13 and March 20, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Environmental Quality Department - Tuesday, March 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
General Government - Tuesdays, March 11, March 18 and March 25, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Higher Education - Thursday, March 27, 11:30 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Judiciary - Thursdays, March 6 and March 13, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
K-12, School Aid, Education - Wednesday, March 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Licensing and Regulatory Affairs Department - Thursday, March 6, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-2768)
State Police and Military Affairs - Thursdays, March 6, March 13, March 27 and April 17, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)
Transportation and Transportation Committee - Tuesday, March 11, 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Banking and Financial Institutions - Thursday, March 6, 1:30 p.m., Room 100, Farnum Building (373-5314)
Economic Development - Wednesday, March 5, 1:30 p.m., Room 110, Farnum Building (373-5323)
Education - Wednesday, March 5, 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower (373-5314)
Families, Seniors and Human Services - Wednesday, March 5, 3:00 p.m., Room 210, Farnum Building (373-5323)
Legislative Council - Thursday, March 6, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) (CANCELED)
Local Government and Elections - Wednesday, March 5, 3:00 p.m., Room 100, Farnum Building (373-5314)
Michigan Law Revision Commission - Wednesday, March 19, 12:00 noon, Room 426, Capitol Building (373-0212)
Natural Resources, Environment and Great Lakes - Thursday, March 6, 9:00 a.m., Room 210, Farnum Building (373‑5314)
Reforms, Restructuring and Reinventing - Wednesday, March 5, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-5307)
Regulatory Reform - Thursday, March 6, 1:00 p.m., Room 210, Farnum Building (373-5307)
Transportation and Transportation Appropriations Subcommittee - Tuesday, March 11, 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5314)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 12:12 p.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, March 5, 2014, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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