No. 61
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2014
Senate Chamber, Lansing, Wednesday, September 10, 2014.
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
Pastor Doug Phillips of South Church of Delta Township offered the following invocation:
Lord God, we come to You today grateful for Your blessings and seeking Your wisdom and grace. We ask that You guide these leaders who serve our state. Give them true wisdom to find solutions that truly serve the common good. Give them courage to choose what is right even when the choice is unpopular.
As we come to You in prayer, we acknowledge that we will all give an account to You as our judge for the way that we live and serve and for the way in which these leaders govern. So help them remember, I pray, that this very freedom of religion to live life before You in good conscience is one of those sacred rights that come from You and is crucial to our true freedom and human flourishing.
May these men and women devoted to the public welfare of this state govern and lead with diligence and wisdom for the issues and challenges we face today. May they heed the ancient and timeless wisdom of Your word that calls us to live justly, to love mercy, and to walk humbly with You.
These things we pray for this Senate. I ask in Christ’s name. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Jansen and Johnson entered the Senate Chamber.
Senator Hopgood moved that Senators Hunter, Ananich and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senator Caswell be temporarily excused from today’s session.
The motion prevailed.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, September 9:
House Bill Nos. 4411 4783 4814 4882 5398
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04 a.m.
10:16 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
During the recess, Senators Ananich, Hunter and Caswell entered the Senate Chamber.
Messages from the House
Senator Meekhof moved that consideration of the following bills be postponed for today:
House Bill No. 4369
Senate Bill No. 66
The motion prevailed.
Senate Bill No. 758, entitled
A bill to amend 1974 PA 263, entitled “An act to permit counties to impose and collect an excise tax on persons engaged in the business of providing rooms for dwelling, lodging, or sleeping purposes to transient guests; to provide for the disposition of the revenues thereof; and to prescribe penalties,” by amending section 4 (MCL 141.864).
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No. 156, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 111, 305, 403, and 433 (MCL 208.1111, 208.1305, 208.1403, and 208.1433), sections 111 and 305 as amended by 2012 PA 605, section 403 as amended by 2008 PA 434, and section 433 as amended by 2007 PA 215, and by adding section 508.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending sections 111, 305, 403, and 433 (MCL 208.1111, 208.1305, 208.1403, and 208.1433), sections 111 and 305 as amended by 2012 PA 605, section 403 as amended by 2008 PA 434, and section 433 as amended by 2007 PA 215, and by adding section 508; and to repeal acts and parts of acts.
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,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 633, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 732b.
The House of Representatives has amended the bill as follows:
1. Amend page 4, line 26, after “effect” by striking out the balance of the enacting section and inserting “December 31, 2014.”.
The House of Representatives has passed the bill as amended, 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 amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 535 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—0
Excused—1
Young
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.
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. 959, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 12103, 12109, and 12112 (MCL 324.12103, 324.12109, and 324.12112), as amended by 2013 PA 73.
The House of Representatives has amended the bill as follows:
1. Amend page 1, line 6, after “number.” by striking out “THE” and inserting “Until October 1, 2014, 2017, the”.
2. Amend page 5, line 26, after “department.” by striking out “THE” and inserting “Until October 1, 2014, 2017, the”.
3. Amend page 6, line 17, after “department.” by striking out “THE” and inserting “Until October 1, 2014, 2017, the”.
The House of Representatives has passed the bill as amended, 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 amendments made to the bill by the House,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 960, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11135 and 11153 (MCL 324.11135 and 324.11153), as amended by 2013 PA 73.
The House of Representatives has amended the bill as follows:
1. Amend page 1, line 4, after “generated.” by striking out “A” and inserting “Until October 1, 2014, 2017, a”.
2. Amend page 5, line 6, after “department.” by striking out “THE” and inserting “Until October 1, 2014, 2017, the”.
3. Amend page 5, line 13, after “(2)” by striking out “THE” and inserting “Until October 1, 2014, 2017, the”.
The House of Representatives has passed the bill as amended, 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 amendments made to the bill by the House,
Senator Meekhof moved that further consideration of the bill be postponed temporarily.
The motion prevailed.
Senator Young entered the Senate Chamber.
Senate Bill No. 92, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16333, 17703, 17705, 17707, 17711, 17721, and 17731 (MCL 333.16333, 333.17703, 333.17705, 333.17707, 333.17711, 333.17721, and 333.17731), section 16333 as added by 1993 PA 80, section 17703 as amended by 2012 PA 209, section 17705 as amended by 1986 PA 304, section 17707 as amended by 1990 PA 333, sections 17711 and 17721 as amended by 2006 PA 390, and section 17731 as amended by 1994 PA 234, and by adding sections 17739, 17739a, 17739b, and 17739c.
Substitute (H-5).
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. 536 Yeas—36
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 Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones Proos Young
Nays—2
Colbeck Hunter
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.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 959, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 12103, 12109, and 12112 (MCL 324.12103, 324.12109, and 324.12112), as amended by 2013 PA 73.
(This bill was returned from the House with amendments earlier today, rules suspended and consideration postponed. See p. 1608.)
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 537 Yeas—37
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hunter Nofs Walker
Caswell Jansen Pappageorge Warren
Colbeck Johnson Pavlov Whitmer
Emmons Jones Proos Young
Green
Nays—1
Hune
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.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 960, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11135 and 11153 (MCL 324.11135 and 324.11153), as amended by 2013 PA 73.
(This bill was returned from the House with amendments earlier today, rules suspended and consideration postponed. See p. 1608.)
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 538 Yeas—37
Ananich Gregory Kahn Richardville
Anderson Hansen Kowall Robertson
Bieda Hildenbrand Marleau Rocca
Booher Hood Meekhof Schuitmaker
Brandenburg Hopgood Moolenaar Smith
Casperson Hunter Nofs Walker
Caswell Jansen Pappageorge Warren
Colbeck Johnson Pavlov Whitmer
Emmons Jones Proos Young
Green
Nays—1
Hune
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.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator 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 pro tempore, Senator Schuitmaker, 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 with a substitute therefor, the following bill:
Senate Bill No. 935, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16340 and part 186.
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 bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
Senate Bill No. 935
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. 903
Senate Bill No. 970
Senate Bill No. 935
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 903, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811z.
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. 970, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 217c, 217f, 248c, 252a, 259, 306, 307, 309, 312e, 312f, 319, 319b, 324, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.217c, 257.217f, 257.248c, 257.252a, 257.259, 257.306, 257.307, 257.309, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 217c as amended by 2002 PA 642, sections 217f and 248c as amended by 1993 PA 300, section 252a as amended by 2008 PA 539, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, and section 904 as amended by 2008 PA 461, and by adding section 306a.
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—37
Ananich Gregory Jones Richardville
Anderson Hansen Kahn Robertson
Bieda Hildenbrand Kowall Rocca
Booher Hood Marleau Schuitmaker
Brandenburg Hopgood Meekhof Smith
Casperson Hune Moolenaar Walker
Caswell Hunter Nofs Warren
Colbeck Jansen Pavlov Whitmer
Emmons Johnson Proos Young
Green
Nays—0
Excused—0
Not Voting—1
Pappageorge
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 935, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17001 and 17021 (MCL 333.17001 and 333.17021), section 17001 as amended by 2006 PA 161 and section 17021 as amended by 1993 PA 79, and by adding sections 16326, 17091, 17092, 17093, 17094, 17095, and 17096.
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—36
Ananich Hansen Kahn Richardville
Anderson Hildenbrand Kowall Robertson
Bieda Hood Marleau Rocca
Booher Hopgood Meekhof Schuitmaker
Brandenburg Hune Moolenaar Smith
Casperson Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Green Johnson Pavlov Whitmer
Gregory Jones Proos Young
Nays—2
Caswell Colbeck
Excused—0
Not Voting—0
In The Chair: Schuitmaker
The Senate agreed to the title of the bill.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:47 a.m.
11:26 a.m.
The Senate was called to order by the President pro tempore, Senator Schuitmaker.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Caswell introduced
Senate Bill No. 1037, entitled
A bill to amend 1984 PA 341, entitled “Farm and utility equipment act,” by amending section 7a (MCL 445.1457a), as added by 1995 PA 86.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senator Caswell introduced
Senate Bill No. 1038, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7b, 7u, 7cc, 7ee, 24c, 28, 29, 30, 34c, 53b, 53c, and 154 (MCL 211.7b, 211.7u, 211.7cc, 211.7ee, 211.24c, 211.28, 211.29, 211.30, 211.34c, 211.53b, 211.53c, and 211.154), section 7b as amended by 2013 PA 161, section 7u as amended by 2012 PA 135, section 7cc as amended by 2014 PA 40, sections 7ee and 154 as amended by 2003 PA 247, section 24c as amended by 2010 PA 332, section 28 as amended by 2006 PA 143, sections 30 and 53b as amended by 2013 PA 153, section 34c as amended by 2012 PA 409, and section 53c as added by 1995 PA 74, and by adding section 53e.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Caswell introduced
Senate Bill No. 1039, entitled
A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending sections 21, 22, 32, 35a, 36, 49, and 62 (MCL 205.721, 205.722, 205.732, 205.735a, 205.736, 205.749, and 205.762), section 22 as amended by 2008 PA 127, sections 32 and 35a as amended by 2008 PA 125, section 49 as amended by 2008 PA 126, and section 62 as amended by 2008 PA 128.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Caswell introduced
Senate Bill No. 1040, entitled
A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 22 (MCL 205.22), as amended by 2007 PA 194.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Meekhof and Booher introduced
Senate Bill No. 1041, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 74115 and 74116 (MCL 324.74115 and 324.74116), section 74115 as added by 1995 PA 58 and section 74116 as amended by 2013 PA 81.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Senators Meekhof and Booher introduced
Senate Bill No. 1042, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 805 (MCL 257.805), as amended by 2013 PA 82.
The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism.
Senator Walker introduced
Senate Bill No. 1043, entitled
A bill to amend 1970 PA 74, entitled “Corner recordation act,” by amending the title and sections 2, 3, 4, 5, 6, 7, 8, and 14 (MCL 54.202, 54.203, 54.204, 54.205, 54.206, 54.207, 54.208, and 54.210d), sections 2, 3, 6, 7, 8, and 14 as amended by 2000 PA 34, and by adding sections 3a and 3b.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
Senators Whitmer, Ananich, Warren, Young, Hood, Bieda and Gregory introduced
Senate Bill No. 1044, entitled
A bill to require employers to provide information about insurance coverage related to reproductive health choices to current and prospective employees; to specify methods of disclosure; and to provide for sanctions.
The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.
Senators Jones and Bieda introduced
Senate Bill No. 1045, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 727c, 741, 907, and 909 (MCL 257.727c, 257.741, 257.907, and 257.909), section 727c as amended by 1999 PA 73, section 741 as amended by 2006 PA 298, section 907 as amended by 2013 PA 35, and section 909 as amended by 2000 PA 94, and by adding sections 682d, 682e, 682f, 682g, 682h, 682i, 682j, and 682k.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Jones and Bieda introduced
Senate Bill No. 1046, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8379 (MCL 600.8379), as amended by 2000 PA 93.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Green, Nofs, Marleau, Colbeck, Casperson and Kowall introduced
Senate Bill No. 1047, entitled
A bill to amend 2013 PA 240, entitled “Michigan state capitol historic site act,” by amending section 6 (MCL 4.1946).
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Senator Booher introduced
Senate Bill No. 1048, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3130, 3208, and 3236 (MCL 600.3130, 600.3208, and 600.3236) and by adding section 3106.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
House Bill No. 4411, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1062.
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 Transportation.
House Bill No. 4814, entitled
A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1076.
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. 4882, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78h (MCL 211.78h), as amended by 2001 PA 96, and by adding section 78q.
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 Finance.
House Bill No. 5398, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 78r.
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 Finance.
By unanimous consent the Senate returned to the order of
Messages from the House
Senator Brandenburg moved that his name be removed as prime sponsor of the following bill:
Senate Bill No. 156
The motion prevailed.
By unanimous consent the Senate returned to consideration of the following bill:
Senate Bill No. 156, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 111, 305, 403, and 433 (MCL 208.1111, 208.1305, 208.1403, and 208.1433), sections 111 and 305 as amended by 2012 PA 605, section 403 as amended by 2008 PA 434, and section 433 as amended by 2007 PA 215, and by adding section 508.
(This bill was returned from the House with a substitute earlier today, rules suspended and consideration postponed. See p. 1607.)
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. 542 Yeas—34
Ananich Gregory Kahn Proos
Anderson Hansen Kowall Richardville
Bieda Hildenbrand Marleau Robertson
Booher Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hunter Nofs Walker
Colbeck Jansen Pappageorge Warren
Emmons Johnson Pavlov Whitmer
Green Jones
Nays—3
Brandenburg Hune Rocca
Excused—0
Not Voting—1
Young
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.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senator Hopgood moved that Senator Young be temporarily excused from the balance of today’s session.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Statements
Senator Young entered the Senate Chamber.
Senators Whitmer 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:
As we stand here today in the Senate Chamber, I would like to point out what we come here to do on a daily basis, what our job is. It is to be the voice of the people we represent. But inherent to that job is debate. In 1858, Abraham Lincoln debated Stephen Douglas in debates that have been studied since then. It was the first United States Senate debate, and by all accounts, it was rough. While Abraham Lincoln lost the election, he no doubt was a winner because eventually, obviously, he became one of the most important Presidents in our nation’s history.
Another critical component of that debate was it gave rise to a fierce, moral argument about slavery. Ultimately, it lead our nation through a civil war and toward equal rights. It became the model, and since then, people trying to be in that most elite club in the country, the United States Senate, have debated and done so fiercely.
Each and every day we debate the policies and make decisions necessary to move our state forward and do the right things for the people of Michigan. It is not just a formality; it is a critically-important function of the job that we do here. Yet, as we watch this year’s highest office campaigns move forward, debate is absent. Yet we see in the United States Senate, the candidate Terri Lynn Land refusing to debate, or should I say she refuses to even respond to the question of whether or not she will debate. She, apparently, can’t be bothered with it. After all, she is busy being silent about all sorts of other things, like the $3 million that she gave to her own campaign and still not accounting from where it came. Her role with Land and Company—she has either had a direct role in the company’s management or never worked for it in her entire life, depending on which story the campaign tells.
Her position on issues which are so important to the electorate she wants to represent—issues like foreign policy, economic growth, or environmental protection—are a mystery at best and nonsensical at worst, but she refuses to take questions from the media to explain them any further. Her refusal to debate or take positions on the issues so critical to our state’s future would seemingly make her unfit to serve here in the Michigan Senate where we debate issues every single day. So the idea that she believes she can serve in the United States Senate, fill Carl Levin’s shoes, without being able or willing to do the same is simply absurd. Statespeople have different views on policy, but it is through debate that you find your shared principles. It can be a struggle, it can be uncomfortable, and it can get fierce, but that is how we find our shared values, and that it where you find compromise.
Sadly, there are no debates scheduled in the gubernatorial election either. The people of Michigan deserve far better. They deserve a Senate candidate who doesn’t just talk about putting Michigan first, but understands the policies that will actually accomplish that. They deserve a Governor who is willing to defend and debate his first term in office and what it means for the future of our state. Unfortunately, we are getting neither. The Detroit News, the Free Press, the Holland Sentinel, the Traverse City Record Eagle, The State News, and many more papers to come will have editorialized to call for debates for Governor and United States Senate.
It is unconscionable that someone would run for these high offices without having the courage of their own convictions. We deserve better, and so I am calling for full debates in both the United States Senate race and the gubernatorial; not just one, but debates like Lincoln and Douglas showed us.
Senator Pappageorge’s statement is as follows:
I listened intently to the Minority Leader’s pontification on debating, but I didn’t hear what bill she is referring to. Does the good Senator plan to put a bill in the hopper ordering debates? If not, I don’t see the point in this except from a political point of view. I came very close to asking for that kind of discussion to stop.
Committee Reports
The Committee on Veterans, Military Affairs and Homeland Security reported
House Bill No. 5248, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16323 (MCL 333.16323), as amended by 2002 PA 643.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
John R. Moolenaar
Chairperson
To Report Out:
Yeas: Senators Moolenaar, Pappageorge, Emmons and Gregory
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Veterans, Military Affairs and Homeland Security submitted the following:
Meeting held on Tuesday, September 9, 2014, at 1:00 p.m., Room 210, Farnum Building
Present: Senators Moolenaar (C), Pappageorge, Emmons and Gregory
Excused: Senator Smith
Scheduled Meetings
Appropriations - Thursday, September 11, 11:00 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)
Subcommittees -
K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, September 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
K-12, School Aid, Education and Retirement - Thursday, September 18, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Legislative Council - Wednesday, September 17, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Natural Resources, Environment and Great Lakes - Thursday, September 11, 8:30 a.m., Room 210, Farnum Building (373-5312)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 11:44 a.m.
The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, September 11, 2014, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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