No. 70

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Wednesday, October 17, 2012.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Anderson—present Hood—present Pappageorge—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Hunter—present Richardville—present

Casperson—present Jansen—present Robertson—present

Caswell—present Johnson—present Rocca—present

Colbeck—present Jones—present Schuitmaker—present

Emmons—present Kahn—present Smith—present

Gleason—present Kowall—present Walker—present

Green—excused Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Pastor Bob DeVries of Covenant Life Church of Grand Haven offered the following invocation:

Father, we begin this day in the quietness of our hearts and minds, coming to You in prayer, not to first implore Your blessing on us or to lift up our needs, but rather to give Your name the glory it is due; for You, God, are above all nations, governments, and people, yet You know us intimately. You hear our prayers, and You grant us Your love and grace.

Father, Your goodness and glory are evident in the lives You give us, the freedom we enjoy, and the beauty we behold around us. Thank You for the gift of life and the opportunity to serve in the roles You’ve given us in Your world. We thank You, Lord, for the privilege of living in a state and country where we have freedom; freedom to live, to work, to learn, to raise our families, to worship, to elect our leaders, and to shape our future, a future we know, Lord, You control.

Lord, may these public servants fulfill their duty to You and the citizens of our state to act justly, love mercy, and walk humbly with You, their God; for we know, Lord, that when we walk humbly with You, we are properly positioned to lead well and govern wisely. Grant these men and women the wisdom, compassion, courage, and patience they need as they represent the people of our state and conduct the affairs of our government.

God, I pray that Your presence will fill this room so that those who work here focus not on their own agendas or the differences that can divide us, but rather seek the common good and the common sense that unites us for the good of Your kingdom and the people of the state of Michigan. May the conversations and discussions held here today honor You and inspire all who hear them.

May Your name be honored as this new day unfolds, as discussions are held and decisions are made, so that at the end of this session, we might hear Your voice saying, “Well done, good and faithful servants.”

We pray this in Your Son 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 Emmons, Brandenburg, Hood, Young and Richardville entered the Senate Chamber.

Senator Bieda moved that Senators Gleason, Hunter and Johnson be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senator Schuitmaker be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senator Green be excused from today’s session.

The motion prevailed.

Senator Gleason entered the Senate Chamber.

Senator Meekhof moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

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. 1008

Senate Bill No. 1155

Senate Bill No. 1156

Senate Bill No. 1157

Senate Bill No. 1158

Senate Bill No. 1238

Senate Bill No. 1276

Senate Bill No. 1280

Senate Bill No. 1287

Senate Bill No. 1132

House Bill No. 5617

House Bill No. 5618

House Bill No. 5620

Senate Bill No. 1293

Senate Bill No. 1294

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

Senator Meekhof moved that a respectful message be sent to the House of Representatives requesting the return of the following bill:

House Bill No. 5284

The motion prevailed.

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Colbeck admittance to the Senate floor.

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

Senator Schuitmaker entered the Senate Chamber.

Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Colbeck’s statement is as follows:

It is with great sadness that I announce that my legislative director and acting chief of staff is going to be moving on to the Department of LARA. Thank you, Lieutenant Governor, for the executive branch taking one of my favorite employees.

Alesha is joined here by her parents, and I have to take my hat off to them. What a wonderful job they did raising Alesha. She is a joy to work with and very much appreciated. Her rare blend of a good sense of humor—which she needs in our office—and professionalism are very much appreciated.

I would like to read this tribute on her behalf:

“LET IT BE KNOWN, That is a distinct pleasure to have been blessed by the professional and kind service that Alesha Gensler provided as legislative director and chief of staff for Michigan State Senator Patrick Colbeck.

Alesha graduated from Grand Valley State University in Allendale in December 2004. She continued her studies and later received her M.A. from New England College and finished with a 4.0 grade point average. Her many experiences in and outside of the classroom made her an ideal candidate for the Legislature.

The duties of Alesha Gensler have taken many forms over her time in Lansing. She’s handled numerous tasks with professionalism and efficiency. Alesha started as an intern in the office of Senator McManus. Because of her skills and abilities, she quickly became a legislative aide. She also worked as legislative director in the office of Senator Valde Garcia.

Alesha has had numerous legislative accomplishments in her relatively short time in the Senate. Alesha Gensler’s rare blend of professionalism, perseverance, joviality, honesty, and kindness will be sorely missed by her co-workers. Many of the projects she worked for on behalf of the citizens of the 7th District will certainly bear fruit for all the residents of the state of Michigan. We certainly hope that the days ahead will be blessed and allow her to make friendships and touch the lives of many others in her daily pursuits in the same way she has changed the lives of our 7th District team.

IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to honor Alesha A. Gensler in appreciation of her dedicated service to Senator Colbeck, the constituents of the 7th District, and the people of the state of Michigan. May God bless her in all her future endeavors.”

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Moolenaar admittance to the Senate floor, including the center aisle.

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

Senator Meekhof moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor.

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

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:11 a.m.

11:47 a.m.

The Senate was called to order by the President pro tempore, Senator Schuitmaker.

During the recess, Senator Moolenaar introduced Whitney Kropp, member of the West Branch Ogemaw Heights High School homecoming court who was a victim of a bullying prank, and family members; and presented her with a Special Tribute.

During the recess, Senator Hunter entered the Senate Chamber.

Senator Meekhof moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 1279

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

The following communication was received and read:

Office of the Auditor General

September 26, 2012

Enclosed is a copy of the following audit report:

Follow-up of the performance audit of Recreational Watercraft Access and Harbor Development Activities, Department of Natural Resources.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The audit report was referred to the Committee on Government Operations.

The following communication was received:

Utility Consumer Participation Board

August 27, 2012

In accordance with Public Act 304 of 1982, the attached 2011 Annual Report for the Michigan Utility Consumer Representation Fund (UCRF) is transmitted to the Legislature.

The UCRF provides grants to qualified organizations that represent the interests of Michigan’s residential energy utility customers in gas cost and power supply cost recovery proceedings before the Michigan Public Service Commission. The positive results for residential customers demonstrate the continued importance of the UCRF grant program.

This report reflects the activities and results of the UCRF grant program administered by the Utility Consumer Participation Board. The Attorney General’s Office also receives UCRF funding to intervene on behalf of the utility ratepayers of Michigan in Act 304 proceedings. The Attorney General’s Office will submit its’ P.A. 304 Annual Report under separate cover.

Sincerely,

Mr. James MacInnes, P.E.

Chair

The communication was referred to the Secretary for record.

The following communication was received:

Department of Licensing and Regulatory Affairs

September 6, 2012

The Office of Regulatory Reinvention received the following emergency administrative rules, dated March 6, 2012, for the Department of Licensing and Regulatory Affairs: “Fireworks Safety Act.” We are transmitting these rules to you pursuant to the requirements of Sections 46 and 48 of Act No. 306 of the Public Acts of 1969, being MCL 24.246 and 24.248, and paragraph 16 of Executive Order 1995-6.

Sincerely,

Liz Smalley

Office of Regulatory Reinvention

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 27:

House Bill Nos. 4446 5678 5835 5877

The Secretary announced that the following House bills were received in the Senate and filed on Friday, September 28:

House Bill Nos. 5156 5488 5557 5727 5836 5837 5838 5863 5890 5891

The Secretary announced the enrollment printing and presentation to the Governor on Friday, September 28, for his approval the following bills:

Enrolled Senate Bill No. 809 at 3:04 p.m.

Enrolled Senate Bill No. 1258 at 3:06 p.m.

Enrolled Senate Bill No. 1259 at 3:08 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, October 2, for his approval the following bills:

Enrolled Senate Bill No. 1123 at 11:35 a.m.

Enrolled Senate Bill No. 1124 at 11:37 a.m.

Enrolled Senate Bill No. 1125 at 11:39 a.m.

Enrolled Senate Bill No. 388 at 11:41 a.m.

Enrolled Senate Bill No. 884 at 11:43 a.m.

Enrolled Senate Bill No. 990 at 11:45 a.m.

Enrolled Senate Bill No. 1004 at 11:47 a.m.

Enrolled Senate Bill No. 1129 at 11:49 a.m.

The Secretary announced that the following official bills and joint resolution were printed on Friday, September 28, and are available at the legislative website:

Senate Bill Nos. 1329 1330 1331 1332 1333 1334 1335 1336 1337

House Bill Nos. 5949 5950 5951 5952 5953 5954 5955 5956 5957 5958 5959

House Joint Resolution BBB

Messages from the Governor

The following messages from the Governor were received:

Date: September 30, 2012

Time: 2:32 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1258 (Public Act No. 307), being

An act to amend 2008 PA 551, entitled “An act to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to make uniform the law with reference to securities; and to repeal acts and parts of acts,” by amending section 410 (MCL 451.2410).

(Filed with the Secretary of State on October 1, 2012, at 10:22 a.m.)

Date: September 30, 2012

Time: 2:34 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1259 (Public Act No. 308), being

An act to amend 1979 PA 152, entitled “An act to provide for the establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments,” by amending sections 2, 3, 13, 15, 17, 21, 23, 25, 27, 29, 31, 37, 38, 39, 43, and 62 (MCL 338.2202, 338.2203, 338.2213, 338.2215, 338.2217, 338.2221, 338.2223, 338.2225, 338.2227, 338.2229, 338.2231, 338.2237, 338.2238, 338.2239, 338.2243, and 338.2262), section 2 as amended by 1999 PA 171, sections 3, 13, 17, 21, 23, 25, 27, 29, 31, 37, 38, 43, and 62 as amended by 2007 PA 77, section 15 as amended by 2008 PA 491, and section 39 as amended by 2007 PA 158, and by adding section 5a.

(Filed with the Secretary of State on October 1, 2012, at 10:24 a.m.)

Date: September 30, 2012

Time: 2:50 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1109 (Public Act No. 319), being

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 12 of chapter IX (MCL 769.12), as amended by 2006 PA 655.

(Filed with the Secretary of State on October 1, 2012, at 11:44 a.m.)

Date: September 30, 2012

Time: 2:52 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 809 (Public Act No. 306), being

An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 303, 304, 319, 319b, and 624a (MCL 257.303, 257.304, 257.319, 257.319b, and 257.624a), sections 303 and 319b as amended by 2011 PA 159, section 304 as added by 2010 PA 155, section 319 as amended by 2010 PA 267, and section 624a as amended by 1998 PA 349.

(Filed with the Secretary of State on October 1, 2012, at 10:20 a.m.)

Date: October 5, 2012

Time: 2:06 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 637 (Public Act No. 320), being

An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1347 (MCL 380.1347).

(Filed with the Secretary of State on October 5, 2012, at 3:40 p.m.)

Date: October 9, 2012

Time: 10:12 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1123 (Public Act No. 326), being

An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” by amending section 44 (MCL 125.1444), as amended by 2008 PA 58.

(Filed with the Secretary of State on October 9, 2012, at 5:14 p.m.)

Date: October 9, 2012

Time: 10:14 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1124 (Public Act No. 327), being

(Filed with the Secretary of State on October 9, 2012, at 5:16 p.m.)

Date: October 9, 2012

Time: 10:16 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1125 (Public Act No. 328), being

(Filed with the Secretary of State on October 9, 2012, at 5:18 p.m.)

Date: October 9, 2012

Time: 10:18 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 990 (Public Act No. 324), being

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,” by amending sections 7cc and 7dd (MCL 211.7cc and 211.7dd), section 7cc as amended by 2012 PA 114 and section 7dd as amended by 2011 PA 320.

(Filed with the Secretary of State on October 9, 2012, at 5:10 p.m.)

Date: October 9, 2012

Time: 10:20 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1004 (Public Act No. 325), being

An act to amend 1993 PA 327, entitled “An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2012 PA 188 and section 11 as amended by 2004 PA 474.

(Filed with the Secretary of State on October 9, 2012, at 5:12 p.m.)

Date: October 9, 2012

Time: 10:22 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1129 (Public Act No. 329), being

An act to amend 2001 PA 34, entitled “An act relative to the borrowing of money and the issuance of certain debt and securities; to provide for tax levies and sinking funds; to prescribe powers and duties of certain departments, state agencies, officials, and employees; to impose certain duties, requirements, and filing fees upon political subdivisions of this state; to authorize the issuance of certain debt and securities; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 103, 305, and 503 (MCL 141.2103, 141.2305, and 141.2503) and by adding section 518.

(Filed with the Secretary of State on October 9, 2012, at 5:20 p.m.)

Date: October 9, 2012

Time: 4:40 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 884 (Public Act No. 322), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 20155 (MCL 333.20155), as amended by 2006 PA 195, and by adding section 20155a.

(Filed with the Secretary of State on October 9, 2012, at 5:06 p.m.)

Date: October 9, 2012

Time: 4:50 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 388 (Public Act No. 323), being

An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2012 PA 105.

(Filed with the Secretary of State on October 9, 2012, at 5:08 p.m.)

Respectfully,

Rick Snyder

Governor

The following message from the Governor was received on October 3, 2012, and read:

EXECUTIVE ORDER

No. 2012-14

Department of Licensing and Regulatory Affairs

Department of Environmental Quality

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution; and

WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and

WHEREAS, it is most efficient to house similar regulatory and license permitting agencies in a single department; and

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. DEPARTMENT OF ENVIRONMENTAL QUALITY

A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, of the Department of Environmental Quality under the Aboveground Storage Tank (AST) Program, Sections 2, 2a, 3c (2 and 6), 5c, 5d, 5e, 5j, 5k, 5l, 5m, 5n and 5o of the Fire Prevention Code, 1941 PA 207, as amended, being Sections 29.2, 2a, 3c (2 and 6), 5c, 5d, 5e, 5j, 5k, 5l, 5m, 5n, and 5o of the Michigan Compiled Laws, MCL 29.451 to MCL 29.461, are transferred from the Department of Environmental Quality to the Bureau of Fire Services, Department of Licensing and Regulatory Affairs.

B. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, of the Department of Environmental Quality under the Underground Storage Tank Program, created by Executive Reorganization Order 1994-4, Executive Order 1994-7, and 1994 PA 451, MCL 324.21101 through 324.21113, are transferred from the Department of Environmental Quality to the Bureau of Fire Services, Department of Licensing and Regulatory Affairs.

C. The administration of Rule 336.1627, delivery vessels, vapor collection systems, of the Natural Resources and Environmental Protection Act NREPA, Act 451 of 1994, Part 55, specifically the acceptance and verification of documentation requirements described in the U.S. Environmental Protection Agency Method 27, is transferred from the Department of Environmental Quality to the Bureau of Fire Services, Department of Licensing and Regulatory Affairs. As part of this transfer, the Department of Environmental Quality will transfer to the Bureau of Fire Services, Department of Licensing and Regulatory Affairs, the Rule 627 database for tracking purposes. No administration of any other rules identified or referred to in Rule 336.1627 shall be transferred.

D. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Department of Environmental Quality for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the Department of Licensing and Regulatory Affairs.

E. The director of the Department of Licensing and Regulatory Affairs, after consultation with the Director of the Environmental Quality, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Licensing and Regulatory Affairs.

F. Any authority, powers, duties and functions relative to the final agency decisions for cases arising under the authorities transferred under Section I., A. B. and C. of this Order are transferred from the Director of the Department of Environmental Quality to the Director of the Department of Licensing and Regulatory Affairs.

II. IMPLEMENTATION OF TRANSFERS

A. The directors of the departments impacted by this Order shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved.

B. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order.

C. The State Budget Director shall determine the most efficient manner possible for handling financial transactions and records in the state’s financial management system necessary for the implementation of this Order.

III. MISCELLANEOUS

A. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Department of Licensing and Regulatory Affairs by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded.

B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred to the Department of Licensing and Regulatory Affairs by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order shall be effective 60 days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 3rd day of October, in the Year of our Lord Two Thousand Twelve.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following message from the Governor was received on October 16, 2012, and read:

EXECUTIVE ORDER

No. 2012-15

Amendment of

Executive Order 2007-49

Michigan Statewide Independent Living Council

Executive Office of the Governor

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and

WHEREAS, the Michigan Statewide Independent Living Council was created under Executive Order 2007-49; and

WHEREAS, it is necessary to amend Executive Order 2007-49 so the terms and manner of appointment of council membership comply with federal law;

MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL

A. The membership of the Michigan Statewide Independent Living Council created by Executive Order 2007-49 is amended as follows:

The ex officio members specified in Section II. D. are replaced by the following seven (7) non-voting ex officio members appointed by the Governor, each of whom shall be appointed to three year terms:

a. A representative of the Department of Community Health.

b. A representative of the Department of Licensing and Regulatory Affairs.

c. A representative of the Department of Human Services.

d. A representative of the Department of Education.

e. A representative of Michigan Rehabilitation Services.

f. A representative of the Bureau of Services for Blind Persons.

g. A representative of the Michigan State Housing Development Authority.

B. The prohibition on members serving more than two consecutive full terms provided in Section II. G. is expanded to include both members appointed under Section II. C. and ex officio members appointed under Section II. D. of Executive Order 2007-49.

C. All references to the Michigan Commission for the Blind contained in Executive Order 2007-49 are amended to reference the Bureau of Services for Blind Persons created by Executive Order 2012-10.

The provisions of this Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 16th day of October, in the Year of our Lord Two Thousand Twelve.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following message from the Governor was received on October 16, 2012, and read:

EXECUTIVE ORDER

No. 2012-16

Amendment of

Executive Order No. 2012-01

Michigan Committee on Juvenile Justice

Department of Human Services

WHEREAS, Executive Order 2012-1 created the Michigan Committee on Juvenile Justice (the “Committee”); and

WHEREAS, after enactment of Executive Order 2012-1 the Federal Office of Juvenile Justice has agreed with the Committee’s proposal that the functions of the Committee related to the Juvenile Justice and Delinquency Prevention Act of 1974, 42 USC 5601 to 5785 (the “Act”), and the regulations promulgated under the Act, be carried out by a subcommittee of the Committee, with the chair of the subcommittee being an individual who is not a full-time government employee; and

WHEREAS, the amendment of Executive Order 2012-1 to provide for such a subcommittee is the most efficient way to satisfy the requirements of the Act and associated regulations, and address the issues of juvenile justice in a coordinated and effective manner for the state of Michigan;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963, Michigan law, and the Act, order that Executive Order 2012-1 is amended in the following respects:

I. EFFECTIVENESS OF EXECUTIVE ORDER 2012-1

The Executive Order remains in full force and effect, in accordance with its original terms; the terms of this Amendatory Order merely supplement the terms of Executive Order 2012-1.

II. CREATION OF STATE ADVISORY GROUP SUB-COMMITTEE

A. A subcommittee of the Committee is created, and will be organized and operate as follows:

1. The name of the subcommittee shall be the State Advisory Group Subcommittee (the “SAG Subcommittee”).

2. The SAG Subcommittee shall be a subcommittee of the whole; all members of the Committee shall also be members of the SAG Subcommittee.

3. The SAG subcommittee is composed of members as required by 42 USC 5633(a) (3) (A) and shall autonomously undertake all duties and responsibilities referenced in 42 USC 5601 et seq., and specifically as set forth in 42 USC 5633(a) (3) (B), (C), (D), and (E).

4. The SAG Subcommittee shall have sole authority to carry out all functions required by the Act and the regulations promulgated under the Act, including specifically the authority referenced in Section IV A. of Executive Order 2012-1, and shall have autonomous control over any allocations made available pursuant to 42 USC 5632(d).

5. The Chair of the SAG Subcommittee shall be an individual selected by majority vote of all members of the Committee, and must be an individual who functions as a separate and autonomous chairperson and who is not a full-time government employee.

6. The Committee’s bylaws shall detail the autonomous and independent duties and responsibilities of the SAG Subcommittee.

7. The SAG Subcommittee shall convene separate meetings from the meetings of the Committee and shall keep minutes of its meetings, which it will make available to the Office of Juvenile Justice and Delinquency Prevention upon request.

This amendment of Executive Order 2012-1 shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 16th day of October, in the Year of our Lord Two Thousand Twelve.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

September 18, 2012

I respectfully submit to the Senate the following appointment to office:

Farm Produce Insurance Authority Board

Mark A. Metz of 6580 Lulu Road, Ida, Michigan 48140, county of Monroe, representing the largest Michigan organization exclusively representing wheat producers in Michigan, filling a vacancy, is appointed for a term expiring June 20, 2014.

September 18, 2012

I respectfully submit to the Senate the following appointments to office:

Michigan State Waterways Commission

Dennis W. Nickels of 17021 Foxchase Circle, Grand Haven, Michigan 49417, county of Ottawa, succeeding Michael Bryanton, is appointed for a term expiring September 18, 2015.

Dennis L. Grinold of 1134 Northridge Court, Lansing, Michigan 48917, county of Eaton, succeeding Curtis Hertel, is appointed for a term expiring September 18, 2015.

Ward H. Walstrom of 7181 Hughston Road, Harbor Springs, Michigan 49740, county of Emmet, succeeding Janet Mansfield, is appointed for a term expiring September 18, 2015.

September 28, 2012

I respectfully submit to the Senate the following appointment to office:

Committee on Juvenile Justice

Mark A. Washington of 5501 Three Mile Drive, Detroit, Michigan 48224, county of Wayne, representing members who have been or are currently under the jurisdiction of the juvenile justice system and are under the age of 24 at the time of appointment, filling a vacancy, is appointed for a term expiring December 31, 2014.

October 1, 2012

I respectfully submit to the Senate the following appointments to office:

Commission for Blind Persons

Michael Hudson of 6009 Skyline Drive, East Lansing, Michigan 48823, county of Ingham, representing blind persons, is appointed for a term expiring at the pleasure of the Governor.

Joseph Sibley of 3654 Goodman Avenue, S.W., Wyoming, Michigan 49519, county of Kent, representing blind persons, is appointed for a term expiring at the pleasure of the Governor.

Gary Gaynor of 19657 Farmington Road, Livonia, Michigan 48152, county of Wayne, representing blind persons, is appointed for a term expiring at the pleasure of the Governor.

LeeAnn Buckingham of 11466 Norris Road, DeWitt, Michigan 48820, county of Ingham, representing blind persons, is appointed for a term expiring at the pleasure of the Governor.

Lylas Mogk of 1000 Yorkshire Road, Grosse Pointe, Michigan 48230, county of Wayne, representing particular interests or expertise in the concerns of the blind, is appointed for a term expiring at the pleasure of the Governor.

Josie Barnes Parker of 3556 Dixboro Lane, Ann Arbor, Michigan 48105, county of Washtenaw, representing particular interests or expertise in the concerns of the blind, is appointed for a term expiring at the pleasure of the Governor.

Marianne Dunn of 929 Maxwell Avenue, S.E., Grand Rapids, Michigan 49506, county of Kent, representing particular interests or expertise in the concerns of the blind, is appointed for a term expiring at the pleasure of the Governor.

October 3, 2012

I respectfully submit to the Senate the following appointments to office:

Board of Health and Safety Compliance and Appeals

Kevin Lepak of 7921 Eldora Boulevard, West Bloomfield, Michigan 48324, county of Oakland, representing management in the general industry, filling a vacancy, is appointed for a term expiring March 18, 2014.

Craig R. Chunchick of 6936 Yorktown Lane, Shelby Township, Michigan 48317, county of Macomb, representing management in the health field, succeeding Monica J. Donofrio, is appointed for a term expiring March 18, 2016.

Donald L. Coleman of 8562 South McClelland Road, Ashley, Michigan 48806, county of Gratiot, representing labor in the construction industry, succeeding Lee A. Graham, is appointed for a term expiring March 18, 2016.

October 4, 2012

I respectfully submit to the Senate the following appointments to office:

Michigan Collection Practices Board

Beth A. Rowe of 3531 Burkhart Road, Jackson, Michigan 49201, county of Jackson, representing professionals, succeeding David Carinduff, is appointed to serve for a term expiring June 30, 2016.

Stephen F. MacGuidwin of 2559 Lake Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing the general public, succeeding Scott Sousley, is appointed to serve for a term expiring June 30, 2016.

October 5, 2012

I respectfully submit to the Senate the following appointments to office:

Michigan Council for Rehabilitation Services

Sheila Ashcraft of 484 Upland Avenue, Pontiac, Michigan 48340, county of Oakland, representing Statewide Independent Living Council, is appointed for a term expiring December 31, 2013.

Caryn Pack Ivey of 18495 San Juan Drive, Detroit, Michigan 48221, county of Wayne, representing parent training and information centers established under Section 671 of the Individuals with Disabilities Education Act, Public Law 91-30, as amended, 20 USC 1471, is appointed for a term expiring December 31, 2014.

Brian Sabourin of 504 Morningside Drive, Midland, Michigan 48640, county of Midland, representing the client assistance program described under Section 112 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 732, is appointed for a term expiring December 31, 2015.

Deanna Middlebrooks of 2262 Edison Street, Detroit, Michigan 48206, county of Wayne, representing vocational rehabilitation counselors, is appointed for a term expiring December 31, 2013.

Mitchell L. Tomlinson of 508 Southlawn Avenue, East Lansing, Michigan 48823, county of Ingham, representing community rehabilitation program service providers, is appointed for a term expiring December 31, 2014.

Adam E. Kaplan of 13151 Winchester Avenue, Huntington Woods, Michigan 48070, county of Oakland, representing business, industry or labor, is appointed for a term expiring December 31, 2015.

Albert A. Kresta of 3867 Earhart Road, Ann Arbor, Michigan 48105, county of Washtenaw, representing business, industry or labor, is appointed for a term expiring December 31, 2013.

Mark C. Eastburg of 6985 Oak Brook, S.E., Grand Rapids, Michigan 49546, county of Kent, representing business, industry or labor, is appointed for a term expiring December 31, 2014.

Anne T. Riddering of 22536 Brookforest, Novi, Michigan 48375, county of Oakland, representing business, industry or labor, is appointed for a term expiring December 31, 2015.

Mary Ann Baker Greenawalt of 4050 Stoneleigh Road, Bloomfield Hills, Michigan 48302, county of Oakland, representing disability advocacy groups, is appointed for a term expiring December 31, 2013.

Trina E. Edmondson of 2045 Galewood, S.W., Wyoming, Michigan 49509, county of Kent, representing disability advocacy groups, is appointed for a term expiring December 31, 2013.

Dennis H. Stanford of 10282 Whittaker Road, Ypsilanti, Michigan 48197, county of Washtenaw, representing disability advocacy groups, is appointed for a term expiring December 31, 2013.

Michael A. Poyma of 1207 Berkshire Drive, Williamston, Michigan 48895, county of Ingham, representing disability advocacy groups, is appointed for a term expiring December 31, 2015.

Matthew R. Weaver of 7712 Anchorage Drive, S.E., Caledonia, Michigan 49316, county of Kent, representing current or former applicants for, or recipients of, vocational rehabilitation services, is appointed for a term expiring December 31, 2014.

Carol L. Bergquist of 1221 5th Avenue South, Escanaba, Michigan 49829, county of Delta, representing director of a project carried out under Section 121 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC 741, is appointed for a term expiring December 31, 2014.

David A. Nicholson of 189 Cloverly Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, representing the Governor’s Talent Investment Board, is appointed for a term expiring December 31, 2015.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

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

Senate Bill No. 930

Senate Bill No. 754

Senate Bill No. 803

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Warren as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No. 1295, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2004 PA 225.

Senate Bill No. 1296, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5838 (MCL 600.5838), as amended by 1986 PA 178, and by adding section 5838b.

Senate Bill No. 1091, entitled

A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2 and 30a (MCL 125.2302 and 125.2330a), section 30a as amended by 2006 PA 328.

Senate Bill No. 1188, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 252d, 252g, and 252k (MCL 257.252d, 257.252g, and 257.252k), as amended by 2008 PA 539.

Senate Bill No. 1241, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2011 PA 159.

House Bill No. 5617, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44a (MCL 125.1444a), as amended by 2004 PA 549.

House Bill No. 5618, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44c (MCL 125.1444c), as amended by 2004 PA 535.

House Bill No. 5620, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32b (MCL 125.1432b), as amended by 2004 PA 549.

Senate Bill No. 1158, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 19708 (MCL 324.19708), as amended by 2010 PA 232.

Senate Bill No. 1287, entitled

A bill to amend 2006 PA 379, entitled “Qualified forest property recapture tax act,” by amending section 5 (MCL 211.1035).

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 amendment, the following bill:

Senate Bill No. 1230, entitled

A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 16 (MCL 125.2316), as amended by 2006 PA 328.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 2, line 14, by striking out all of subsection (4) and inserting:

“(4) THE COMMISSION SHALL PROMULGATE RULES TO DO ALL OF THE FOLLOWING:

(A) PROVIDE STANDARDS AND PROCEDURES FOR THE COMMISSION TO DETERMINE WHETHER A MOBILE HOME PARK OR SEASONAL MOBILE HOME PARK IS A DISTRESSED PARK. THE STANDARDS AND PROCEDURES SHALL PROVIDE THE OWNER WITH AN OPPORTUNITY FOR AN EVIDENTIARY HEARING AND REQUIRE THE COMMISSION TO CONSIDER AT LEAST ALL OF THE FOLLOWING:

(i) THE LENGTH OF TIME A MOBILE HOME PARK OR SEASONAL MOBILE HOME PARK HAS NOT BEEN IN SUBSTANTIAL COMPLIANCE WITH THE RULES PROMULGATED UNDER SECTIONS 5 AND 6.

(ii) THE FAILURE OF THE OWNER OR OPERATOR TO BRING A MOBILE HOME PARK OR SEASONAL MOBILE HOME PARK INTO SUBSTANTIAL COMPLIANCE AFTER NOTICE AND SUFFICIENT OPPORTUNITY TO DO SO.

(iii) ANY IMMINENT THREAT TO THE HEALTH AND SAFETY OF THE RESIDENTS OF A MOBILE HOME PARK OR SEASONAL MOBILE HOME PARK.

(iv) THE ABANDONMENT OR LIKELY ABANDONMENT OF A MOBILE HOME PARK OR SEASONAL MOBILE HOME PARK BY THE OWNER OR OPERATOR.

(B) REQUIRE THE OWNER OF A DISTRESSED MOBILE HOME PARK OR SEASONAL MOBILE HOME PARK TO POST SECURITY IN THE FORM OF A BOND, CASH DEPOSIT, OR OTHER FINANCIAL ARRANGEMENT TO ENSURE THE REPAIR AND CLEANUP OF THE MOBILE HOME PARK OR SEASONAL MOBILE HOME PARK, INCLUDING THE REPAIR OF SUBSTANDARD OR NONCOMPLYING PARK-OWNED UTILITY SYSTEMS AND THE REMOVAL AND DISPOSAL OF ABANDONED MOBILE HOMES, SCRAP MATERIAL, OR OTHER WASTE.

(C) ESTABLISH CONDITIONS FOR APPOINTING A RECEIVER FOR A DISTRESSED PARK.

(5) NOT MORE THAN 180 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE COMMISSION SHALL SUBMIT A REPORT ON PROGRESS TOWARD THE PROMULGATION OF RULES UNDER SUBSECTION (4) TO THE STANDING COMMITTEES OF THE SENATE AND HOUSE OF REPRESENTATIVES WITH PRIMARY RESPONSIBILITY FOR LEGISLATION AFFECTING MOBILE HOME PARKS.” and renumbering the remaining subsection.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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. 1141, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding chapter XIA.

Substitute (S-3).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1179, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 321 (MCL 600.321), as amended by 2011 PA 130.

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. 1000, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7a (MCL 722.27a), as amended by 1996 PA 19.

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 amendment, the following bill:

Senate Bill No. 1209, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 40 of chapter XVII (MCL 777.40), as added by 1998 PA 317.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 2, following line 22, by inserting:

“Enacting section 1. This amendatory act takes effect March 1, 2013.”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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. 1313, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2004 PA 478.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 10, following line 10, by inserting:

“Enacting section 1. This amendatory act takes effect March 1, 2013.”.

The Senate agreed to the substitute as amended 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 amendment, the following bill:

Senate Bill No. 1314, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2004 PA 478.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 9, following line 26, by inserting:

“Enacting section 1. This amendatory act takes effect March 1, 2013.”.

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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. 969, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2012 PA 201.

Substitute (S-3).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1239, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311b and 1311h (MCL 380.1311b and 380.1311h), as added by 1999 PA 23.

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. 1279, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 7 (MCL 338.887), as amended by 2002 PA 205.

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. 694, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2001 PA 211.

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. 1303, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a, 18f, and 19a of chapter XIIA (MCL 712A.13a, 712A.18f, and 712A.19a), section 13a as amended by 2012 PA 163 and sections 18f and 19a as amended by 2012 PA 115.

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. 1008, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections part 317.

Substitute (S-5).

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. 1155, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5201, 5202, 5203, and 5204 (MCL 324.5201, 324.5202, 324.5203, and 324.5204), section 5201 as amended by 2005 PA 257, sections 5202 and 5203 as added by 2002 PA 397, and section 5204 as amended by 2010 PA 232, and by adding sections 5204e and 5204f.

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. 1156, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5301 and 5303 (MCL 324.5301 and 324.5303), section 5301 as amended by 2005 PA 255 and section 5303 as amended by 2002 PA 398; 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. 1157, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5402 and 5406 (MCL 324.5402 and 324.5406), as added by 1997 PA 26.

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. 1238, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1902, 1905, 1907, and 1907a (MCL 324.1902, 324.1905, 324.1907, and 324.1907a), section 1902 as amended by 2004 PA 587, section 1905 as added by 1995 PA 60, section 1907 as amended by 2008 PA 229, and section 1907a as added by 2002 PA 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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1276, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 504, 35101, 35501, 35502, 35503, and 52502 (MCL 324.504, 324.35101, 324.35501, 324.35502, 324.35503, and 324.52502), section 504 as amended by 2009 PA 47, section 35101 as amended by 1996 PA 290, sections 35501, 35502, and 35503 as added by 1995 PA 59, and section 52502 as added by 2004 PA 125; 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. 1280, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 501 and 503 (MCL 324.501 and 324.503), section 503 as amended by 2012 PA 294.

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. 1132, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 24 of chapter X (MCL 710.24), as amended by 2004 PA 487.

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

Motions and Communications

Senator Meekhof moved that the Committee on Agriculture be discharged from further consideration of the following bill:

Senate Bill No. 1236, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sections 2 and 22 (MCL 287.1102 and 287.1122).

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Meekhof moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

Senate Bill No. 1236

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

The following communication was received and read:

Office of the Senate Majority Leader

October 17, 2012

Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 1334 from the Senate Committee on Health Policy to the Senate Committee on Natural Resources, Environment and Great Lakes.

Should you have any questions regarding this matter, please do not hesitate to contact me.

Sincerely,

Randy Richardville

Senate Majority Leader

The communication was referred to the Secretary for record.

By unanimous consent the Senate returned to the order of

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Warren as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 1236, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sections 2 and 22 (MCL 287.1102 and 287.1122).

The bill 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. 1230

Senate Bill No. 1141

Senate Bill No. 1179

Senate Bill No. 1000

Senate Bill No. 1209

Senate Bill No. 1295

Senate Bill No. 1296

Senate Bill No. 1313

Senate Bill No. 1314

Senate Bill No. 969

Senate Bill No. 1239

Senate Bill No. 1091

Senate Bill No. 1188

Senate Bill No. 1241

House Bill No. 5617

House Bill No. 5618

House Bill No. 5620

Senate Bill No. 1279

Senate Bill No. 1236

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. 1307

Senate Bill No. 1281

Senate Bill No. 1283

Senate Bill No. 1284

Senate Bill No. 1285

Senate Bill No. 1261

Senate Bill No. 1262

Senate Bill No. 1263

Senate Bill No. 1264

Senate Bill No. 1265

Senate Bill No. 1230

Senate Bill No. 1141

Senate Bill No. 1179

Senate Bill No. 1000

Senate Bill No. 1209

Senate Bill No. 1295

Senate Bill No. 1296

Senate Bill No. 1313

Senate Bill No. 1314

Senate Bill No. 969

Senate Bill No. 1239

Senate Bill No. 1091

Senate Bill No. 1188

Senate Bill No. 1241

House Bill No. 5617

House Bill No. 5618

House Bill No. 5620

Senate Bill No. 1279

Senate Bill No. 1236

The motion prevailed.

Recess

Senator Meekhof moved that the Senate recess until 1:30 p.m.

The motion prevailed, the time being 12:25 p.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley.

During the recess, Senator Johnson entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 115

Senate Concurrent Resolution No. 26

Senate Resolution No. 34

Senate Resolution No. 85

Senate Resolution No. 105

House Concurrent Resolution No. 29

Senate Resolution No. 112

House Concurrent Resolution No. 6

Senate Resolution No. 120

Senate Resolution No. 127

Senate Concurrent Resolution No. 27

The motion prevailed.

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 178

Senate Resolution No. 179

The resolution consent calendar was adopted.

Senators Johnson, Whitmer, Bieda, Hunter, Hopgood, Gregory, Caswell, Moolenaar and Hood offered the following resolution:

Senate Resolution No. 178.

A resolution declaring October 23, 2012, as StoneCrest Center Mental Health Awareness Day in Michigan.

Whereas, Mental illness touches 1 in 7 Michigan families, and more than 500,000 people in Michigan have severe mental illness that affects not only them, but their families and the communities in which they live; and

Whereas, Nashville-based Behavioral Centers of America, a growing health care company committed to the single specialty of psychiatric health care that is redefining how mental health care is delivered with new models of diagnosis, treatment, and follow-up, has selected Detroit for a $20 million master campus investment to help address the critical need for mental health care services in metro Detroit and Michigan; and

Whereas, StoneCrest Center is already about halfway through its $20 million, three-phase investment in Detroit, turning a formerly bankrupt eastside hospital into a comforting and healing urban oasis and major regional health care asset; and

Whereas, Completed and presented to the community today is a totally rebuilt-to-new-standards unit for adults and youth, providing a warm, friendly, and nurturing environment, as well as a completely renovated geriatrics unit; and

Whereas, StoneCrest Center is committed to caring, compassionate, and professional mental health care with dignity and respect at its master campus “oasis in the city,” in which “everybody is somebody in our community”; and

Whereas, StoneCrest Center is opening its doors to the community with a daylong debut of tours and information on mental health care services; now, therefore, be it

Resolved by the Senate, That we hereby declare October 23, 2012, as StoneCrest Center Mental Health Awareness Day. We urge all citizens of Michigan to promote better mental health care awareness by creating positive policies at work and school, engaging in discussions with family and friends, and making mental health care awareness a priority in their communities; and be it further

Resolved, That a copy of this resolution be transmitted to StoneCrest Center with our highest esteem.

Senators Booher, Hansen, Kowall, Nofs, Pappageorge and Proos were named co‑sponsors of the resolution.

Senator Nofs offered the following resolution:

Senate Resolution No. 179.

A resolution to declare October 15-19, 2012, as Credit Union Week in the state of Michigan.

Whereas, Credit unions have been organized in Michigan since 1934, and they have a proud tradition of innovation and leadership among the nation’s credit unions. The Michigan credit union movement is one of growth, progress, and success; and

Whereas, Michigan credit unions are rooted in the communities in which they serve, whether supporting local charities, offering financial education seminars, or operating student-run credit union branches in schools. They do this voluntarily because as not-for-profit, member-owned financial cooperatives, credit unions recognize that social responsibility is an integral part of their mission; and

Whereas, Credit unions in Michigan continually demonstrate their ability to improve the lives of individuals, families, and communities, and they have done so for generations, following the credit union philosophy of “People Helping People”; and

Whereas, Michigan credit unions remain informed through the assistance of the Michigan Credit Union League & Affiliates, which has focused exclusively on serving its members throughout its history. It’s a commitment that is concisely expressed in its mission statement: “The Michigan Credit Union League will strengthen the credit union community and its image by providing advocacy on important issues, coordinating cooperative initiatives and by providing high-quality solutions that help credit unions succeed and enrich the lives of their members”; now, therefore, be it

Resolved by the Senate, That we hereby declare October 15-19, 2012, as Credit Union Week in the state of Michigan. We honor Michigan credit unions as they celebrate Credit Union Week.

Senators Anderson, Bieda, Booher, Brandenburg, Hansen, Hildenbrand, Hopgood, Johnson, Jones, Kowall, Pappageorge, Pavlov, Proos, Richardville and Warren were named co‑sponsors of the resolution.

House Concurrent Resolution No. 62.

A concurrent resolution to memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging harbors of refuge and repairing and maintaining seawalls of harbors of refuge in Michigan, particularly Portage Lake Harbor located in Onekama, MI.

Whereas, Recreational boating is a popular activity and a key component of Michigan’s and the other Great Lakes states’ tourism industries. Michigan has nearly 1 million registered boats, more than any other Great Lakes state. These boaters generate over $4 billion in economic activity in Michigan and help support over 34,000 jobs. In the Great Lakes region, the impact is even greater, with over $34 billion in economic activity generated and 244,000 jobs supported; and

Whereas, Nearly half of sportfishing in the Great Lakes region occurs from boats. Currently, Michigan ranks 5th in the nation in the number of licensed resident and nonresident anglers, and these anglers contribute $2 billion annually to our economy and generate $225 million in state tax revenue each year. Charter fishing operations play an important role in providing access to the Great Lakes to non-boating owning anglers; and

Whereas, Regular dredging and maintenance and repair of breakwater seawalls is needed to keep recreational harbors open to boaters in Michigan and the other Great Lakes states. Natural shoaling exacerbated by continued low lake levels has left many recreational harbors too shallow for boaters to enter safely, which is jeopardizing charter fishing operations, local communities, and other businesses that depend on boating. Portage Lake Harbor, Leland Harbor, and Arcadia Harbor are just a few of the fifteen Great Lakes harbors of concern that are dangerously shallow for boaters; and

Whereas, Not only is dredging and maintenance and repair of breakwater seawalls needed to accommodate recreational boaters, but also to provide safe harbor to all types of boaters, including commercial shippers. Maintaining harbors of refuge is a requirement to ensure that our obligation of providing safe shipping lanes for trade is met. With Portage Lake Harbor being one of the four Michigan harbors of refuge along the western side of the state and one of the thirteen statewide, it is a necessity that it be maintained and dredged to a proper depth; and

Whereas, The federal budget did not include funding for dredging harbors of refuge and maintenance and repair of breakwater seawalls of harbors of refuge maintained in the past by the United States Army Corp of Engineers. This lack of funding will cripple the Great Lakes recreational boating and charter fishing industry, impacting millions of boaters, businesses, and communities that they support. Because no funding has been provided, local Great Lakes communities have had to acquire private funding to be able to keep tourism alive during the boating season; and

Whereas, The U.S. Army Corps of Engineers never completed a replacement seawall at Portage Lake Harbor begun in 2003. The seawall is now undermined, further narrowing the shipping channel. The Army Corps has designated the seawall as facing “imminent failure”; and

Whereas, It is necessary, for the safety of commercial shippers and all other Great Lakes traffic, to maintain harbors of refuge and, therefore, it should be deemed worthy to appropriate funds from the federal Harbor Maintenance Trust Fund, which holds surplus funds in excess of $8 billion, to Great Lakes harbors. The relatively small federal investment needed to maintain these harbors is insignificant compared to the billions of dollars and thousands of jobs generated; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to provide funding to the United States Army Corps of Engineers for dredging harbors of refuge and repairing and maintaining seawalls of harbors of refuge in Michigan, particularly Portage Lake Harbor located in Onekama, MI; and be it further

Resolved, That we call on Congress to include funding for the United States Army Corps of Engineers to rebuild and complete the Portage Lake Harbor seawall; and be it further

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

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Meekhof moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Meekhof moved that the concurrent resolution be referred to the Committee on Natural Resources, Environment and Great Lakes.

The motion prevailed.

Senators Booher, Brandenburg, Hansen, Jones, Kowall, Pappageorge and Proos were named co‑sponsors of the concurrent resolution.

Senate Concurrent Resolution No. 34.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see Senate Journal No. 69, p. 2123.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Senator Richardville asked and was granted unanimous consent to make a statement and moved that a statement be printed in the Journal.

The motion prevailed.

Senator Richardville’s statement is as follows:

I rise this afternoon to pay tribute and commend Lauren Leeds for her service in the Michigan Senate. On behalf of lawmakers, staff, and all who have worked with her, we extend our best wishes as she moves on to a new opportunity within state government.

A graduate of Beloit College in Beloit, Wisconsin, with a major in English and a minor in journalism, Lauren gained experience and a love of the reporter’s life as a staff writer and photographer for several local Michigan newspapers. A few years later, Lauren brought media expertise at the grassroots level and an array of communications and writing skills as she began her service with the Michigan Senate in 2002.

Over the next decade, as a caucus media specialist, Lauren excelled in all areas of communication and media relations—from crafting press releases and op-ed pieces to speechwriting and social media. She developed media plans for individual caucus members and assisted in broad media campaigns for caucus legislative priorities. Throughout the years, many legislators and staff came to rely on Lauren to help get the word out. Clearly, her service will be missed.

We sincerely hope that the days ahead will be filled with success and happiness as Lauren enjoys time with her husband Michael and her beloved dog, named Houdini. I haven’t met Houdini, probably because he’s disappearing all the time.

Colleagues, please join me in congratulating Lauren Leeds as she prepares for her new career path. May she know of our sincere gratitude for her service. On a personal basis, we’re going to miss your smile.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 1307, entitled

A bill to amend 1962 PA 60, entitled “An act to provide for the day parole of prisoners in county jails to permit them to be gainfully employed outside the jail or pursue other activities; to provide for the granting of reductions in terms of imprisonment and the regulation thereof; and to provide for the disposition of earnings from such employment,” by amending section 1 (MCL 801.251), as amended by 1987 PA 146, and by adding section 1a.

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. 696 Yeas—36

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

Gregory Jones Proos Young

Nays—0

Excused—1

Green

Not Voting—1

Gleason

In The Chair: President

The Senate agreed to the title of the bill.

Senator Hunter moved that Senator Gleason be temporarily excused from the balance of today’s session.

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1281, entitled

A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 6 (MCL 408.476), as amended by 2010 PA 323.

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. 697 Yeas—36

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

Gregory Jones Proos Young

Nays—0

Excused—2

Gleason Green

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. 1283, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 1a (MCL 445.1651a), as amended by 2009 PA 76.

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. 698 Yeas—36

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

Gregory Jones Proos Young

Nays—0

Excused—2

Gleason Green

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Gleason entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No. 1284, entitled

A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending section 2 (MCL 445.1632).

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. 699 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1285, entitled

A bill to amend 1977 PA 135, entitled “An act to prohibit certain mortgage lending practices by a credit granting institution; to prescribe the powers and duties of the commissioner of the financial institutions bureau in relation to those practices; to permit the establishment of local mortgage review boards; and to provide remedies and penalties,” by amending section 1 (MCL 445.1601).

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. 700 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1261, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 2, 3, and 4 (MCL 409.302, 409.303, and 409.304), sections 2 and 3 as amended by 1994 PA 394 and section 4 as amended by 1985 PA 30, and by adding a heading for chapter I.

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. 701 Yeas—36

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Gregory Jones Proos Young

Nays—1

Caswell

Excused—1

Green

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. 1262, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 5, 7, 8, and 9 (MCL 409.305, 409.307, 409.308, and 409.309), section 7 as amended by 1989 PA 50 and section 9 as amended by 1985 PA 30, and by adding section 6a.

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. 702 Yeas—36

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Gregory Jones Proos Young

Nays—1

Caswell

Excused—1

Green

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. 1263, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending section 13 (MCL 409.313) and by adding section 14 and chapter II; 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. 703 Yeas—36

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Gregory Jones Proos Young

Nays—1

Caswell

Excused—1

Green

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. 1264, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” (MCL 409.301 to 409.313) by adding sections 25 and 26.

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. 704 Yeas—36

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Gregory Jones Proos Young

Nays—1

Caswell

Excused—1

Green

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. 1265, entitled

A bill to amend 1984 PA 22, entitled “Michigan civilian conservation corps act,” by amending sections 11 and 12a (MCL 409.311 and 409.312a), section 12a as amended by 2007 PA 147.

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. 705 Yeas—36

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Gregory Jones Proos Young

Nays—1

Caswell

Excused—1

Green

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. 1230, entitled

A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 16 (MCL 125.2316), as amended by 2006 PA 328.

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. 706 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1141, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding chapter XIA.

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. 707 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1179, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 321 (MCL 600.321), as amended by 2011 PA 130.

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. 708 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1000, entitled

A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7a (MCL 722.27a), as amended by 1996 PA 19.

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. 709 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Moolenaar asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Moolenaar’s statement is as follows:

I rise before you today to encourage my Senate colleagues to support Senate Bill No. 1000. The bill before you would amend the child custody act to require a parenting time order to contain a prohibition against exercising parenting time in a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

As our office researched the issue, we found at least four instances in the 36th District alone. One of the instances from Alpena, Michigan, was made famous by the book and movie Not Without My Daughter starring Sally Field.

I welcome my Senate colleagues’ support on this important legislation

The following bill was read a third time:

Senate Bill No. 1209, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 40 of chapter XVII (MCL 777.40), as added by 1998 PA 317.

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. 710 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1295, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2004 PA 225.

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. 711 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1296, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5838 (MCL 600.5838), as amended by 1986 PA 178, and by adding section 5838b.

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. 712 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1313, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2004 PA 478.

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. 713 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1314, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145c (MCL 750.145c), as amended by 2004 PA 478.

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. 714 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 969, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 101 (MCL 388.1701), as amended by 2012 PA 201.

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. 715 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1239, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311b and 1311h (MCL 380.1311b and 380.1311h), as added by 1999 PA 23.

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. 716 Yeas—35

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Gregory Jones Proos

Nays—2

Caswell Young

Excused—1

Green

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. 1091, entitled

A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2 and 30a (MCL 125.2302 and 125.2330a), section 30a as amended by 2006 PA 328.

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. 717 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

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. 1188, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 252d, 252g, and 252k (MCL 257.252d, 257.252g, and 257.252k), as amended by 2008 PA 539.

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. 718 Yeas—35

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Jones Proos

Nays—2

Johnson Young

Excused—1

Green

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. 1241, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2011 PA 159.

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. 719 Yeas—37

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

Gleason Jones Proos Young

Gregory

Nays—0

Excused—1

Green

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5617, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44a (MCL 125.1444a), as amended by 2004 PA 549.

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. 720 Yeas—32

Anderson Hansen Kahn Proos

Bieda Hildenbrand Kowall Richardville

Booher Hood Marleau Schuitmaker

Casperson Hopgood Meekhof Smith

Caswell Hunter Moolenaar Walker

Emmons Jansen Nofs Warren

Gleason Johnson Pappageorge Whitmer

Gregory Jones Pavlov Young

Nays—5

Brandenburg Hune Robertson Rocca

Colbeck

Excused—1

Green

Not Voting—0

In The Chair: President

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

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5618, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44c (MCL 125.1444c), as amended by 2004 PA 535.

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. 721 Yeas—30

Anderson Hildenbrand Marleau Richardville

Bieda Hopgood Meekhof Schuitmaker

Booher Hunter Moolenaar Smith

Casperson Jansen Nofs Walker

Emmons Johnson Pappageorge Warren

Gleason Jones Pavlov Whitmer

Gregory Kahn Proos Young

Hansen Kowall

Nays—6

Brandenburg Colbeck Robertson Rocca

Caswell Hune

Excused—1

Green

Not Voting—1

Hood

In The Chair: President

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

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5620, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32b (MCL 125.1432b), as amended by 2004 PA 549.

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. 722 Yeas—32

Anderson Hansen Kahn Proos

Bieda Hildenbrand Kowall Richardville

Booher Hood Marleau Schuitmaker

Casperson Hopgood Meekhof Smith

Caswell Hunter Moolenaar Walker

Emmons Jansen Nofs Warren

Gleason Johnson Pappageorge Whitmer

Gregory Jones Pavlov Young

Nays—5

Brandenburg Hune Robertson Rocca

Colbeck

Excused—1

Green

Not Voting—0

In The Chair: President

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

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1279, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 7 (MCL 338.887), as amended by 2002 PA 205.

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. 723 Yeas—25

Booher Hildenbrand Marleau Proos

Brandenburg Hune Meekhof Richardville

Casperson Jansen Moolenaar Robertson

Caswell Jones Nofs Rocca

Colbeck Kahn Pappageorge Schuitmaker

Emmons Kowall Pavlov Walker

Hansen

Nays—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Excused—1

Green

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. 1236, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sections 2 and 22 (MCL 287.1102 and 287.1122).

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. 724 Yeas—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

Gleason Kowall

Nays—11

Anderson Hood Johnson Whitmer

Bieda Hopgood Smith Young

Gregory Hunter Warren

Excused—1

Green

Not Voting—0

In The Chair: President

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 2:32 p.m.

3:22 p.m.

The Senate was called to order by the President pro tempore, Senator Schuitmaker.

By unanimous consent the Senate returned to the order of

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Warren as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1293, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2213b, 2242, 3426, 3705, 3712, 5008, 5104, 5209, 5800, and 5824 (MCL 500.2213b, 500.2242, 500.3426, 500.3705, 500.3712, 500.5008, 500.5104, 500.5209, 500.5800, and 500.5824), section 2213b as amended by 1998 PA 457, section 2242 as amended by 1990 PA 305, section 3426 as added by 2006 PA 412, sections 3705 and 3712 as added by 2003 PA 88, section 5008 as amended by 1994 PA 226, section 5104 as amended by 1999 PA 211, and section 5800 as amended by 2000 PA 8, and by adding sections 3405a, 3428, 3472, 3474a, 3612a, 5801, 5805, 5825, and 5826.

Substitute (S-2).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 24, line 14, by striking out all of subsection (4) and renumbering the remaining subsection.

The Senate agreed to the substitute as amended 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. 1294, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 218 and 401e (MCL 550.1218 and 550.1401e), section 218 as added by 2002 PA 559 and section 401e as added by 1996 PA 516, and by adding sections 220, 401l, 401m, and 620.

Substitute (S-2).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 3, line 23, after “OF” by striking out the balance of the sentence and inserting “UP TO $1,500,000,000.00 OVER A PERIOD OF UP TO 18 YEARS BEGINNING IN APRIL 2014 TO THE MICHIGAN HEALTH AND WELLNESS FOUNDATION CREATED UNDER PART 6A OF THIS ACT.”.

2. Amend page 13, line 5, after “AND” by striking out “4” and inserting “5”.

3. Amend page 15, following line 20, by inserting:

“(I) SUPPORT PROGRAMS THAT ASSIST MINOR CHILDREN TO LIVE HEALTHY LIFESTYLES AND PROTECT MINOR CHILDREN FROM ABUSE AND NEGLECT.”.

4. Amend page 15, line 27, after “(4)” by striking out the balance of the page through “STATE.” on line 3 of page 16.

5. Amend page 16, line 3, after “BOARD” by striking out “MAY” and inserting “SHALL”.

6. Amend page 16, line 10, after “SUBSECTION,” by inserting “BEGINNING JANUARY 1, 2016”.

7. Amend page 16, line 11, after “DISBURSE” by striking out “1/2” and inserting “60%”.

The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 1293

Senate Bill No. 1294

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

The following bill was read a third time:

Senate Bill No. 1293, entitled

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. 725 Yeas—33

Anderson Hildenbrand Marleau Robertson

Bieda Hood Meekhof Rocca

Booher Hopgood Moolenaar Schuitmaker

Brandenburg Hune Nofs Smith

Casperson Johnson Pappageorge Walker

Emmons Jones Pavlov Warren

Gleason Kahn Proos Whitmer

Gregory Kowall Richardville Young

Hansen

Nays—4

Caswell Colbeck Hunter Jansen

Excused—1

Green

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1294, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending the title and sections 218, 401e, and 414b (MCL 550.1218, 550.1401e, and 550.1414b), the title as amended by 1994 PA 169, section 218 as added by 2002 PA 559, section 401e as added by 1996 PA 516, and section 414b as added by 2006 PA 413, and by adding sections 201a, 220, 400, 401m, 410b, 501c, and 620 and part 6A.

The question being on the passage of the bill,

Senator Gleason offered the following amendment:

1. Amend page 12, line 3, after “BY” by inserting a comma and “UNDER CONTRACT EMPLOYMENT WITH, OR RECEIVED EMPLOYMENT COMPENSATION FROM”.

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 adopted, a majority of the members serving voting therefor, as follows:

Roll Call No. 726 Yeas—21

Anderson Hansen Hunter Schuitmaker

Bieda Hildenbrand Johnson Smith

Casperson Hood Moolenaar Warren

Emmons Hopgood Nofs Whitmer

Gleason Hune Rocca Young

Gregory

Nays—16

Booher Jansen Marleau Proos

Brandenburg Jones Meekhof Richardville

Caswell Kahn Pappageorge Robertson

Colbeck Kowall Pavlov Walker

Excused—1

Green

Not Voting—0

In The Chair: Hansen

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. 727 Yeas—33

Anderson Hildenbrand Marleau Robertson

Bieda Hood Meekhof Rocca

Booher Hopgood Moolenaar Schuitmaker

Brandenburg Hune Nofs Smith

Casperson Johnson Pappageorge Walker

Emmons Jones Pavlov Warren

Gleason Kahn Proos Whitmer

Gregory Kowall Richardville Young

Hansen

Nays—4

Caswell Colbeck Hunter Jansen

Excused—1

Green

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

Protest

Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 1293 and 1294 and moved that the statement he made during the discussion of Senate Bill No. 1293 be printed as his reasons for voting “no.”

The motion prevailed.

Senator Colbeck’s statement is as follows:

First of all, I want to say there’s a lot of good things associated with these bills that I really like. The idea is that we’ve an approach that seeks to level the playing field. A lot of people I respect have worked quite hard, including the bill sponsors, to make this a good bill, but I think we still have a little bit more work to do on this.

Case in point is the idea of these means-tested subsidies and the up to $1.5 billion fund. I understand that this is still a work in progress, and we can work on this in the House, but these provisions make it very difficult for people who are focused on financial planning right now. There are folks who are on a fixed income who have to make clear-cut decisions on how to expend their limited resources right now. I just think we need to make sure we have a couple extra spins through that, in that context.

I’m also concerned, primarily, with the timing of this. I think if the timing wasn’t pushed this point, we’d have time to resolve those issues. Right now it’s driven by the Affordable Care Act—a lot of provisions in here are driven by that. I do not want to give the impression that this enables the Affordable Care Act because it doesn’t. All it does is that a couple of key milestones in here are actually addressed. These bills don’t enable the Affordable Care Act. I want to be clear on that. But the timing is driven by that right now. I want to highlight that, and we’ve got a very important election coming up here in November. During that election, we’ve got two drastically different visions of how we’re going to deliver health care in our country. The health care insurance landscape could change significantly as a result of that election.

Do you think that this would be the best solution if states received block grants as a result of the election proceedings? If we had a chance to go off and design our health care system around Medicare and Medicaid in a block grant form, would this be the approach we take? In that, I know you can always tweak legislation, but I’ve got to tell you, markets need stability. We’re looking for folks who are going to be off and investing in jobs, and people aren’t going to hire people if they don’t know how much it’s going to cost to bring on additional employees. I’m very concerned that until we start nailing down some of these cost provisions—until we find out what exactly is going on in the election—we’re going to be riding a little roller coaster on what our health care industry’s going to look like. I do not want job providers holding off on making decisions about hiring people as a result of uncertainty in the health care marketplace. It’s for that reason that I’m voting “no” on these bills.

I’m just hoping we can continue this conversation as these bills go over to the House.

Senator Hune asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Hune’s statement is as follows:

To the members—particularly in response to my good friend from Wayne County, who was the previous speaker—the one thing I did agree with is there is absolutely no reference to the Affordable Care Act in this legislation. We are not doing this in response to the Affordable Care Act.

We are, in these two bills, setting up an interesting path for an ever-changing insurance market here in Michigan. The bills create the framework for Blue Cross Blue Shield—if they so choose—after their board of directors deems necessary and votes to become a nonprofit mutual insurer. With that, they will have the obligation of contributing up to $1.5 billion into a special health care fund which will be used to offset significant increases in Medigap for our senior citizens.

The other component, if the board of directors deems necessary and votes in the affirmative, is that the Blues will ultimately pay a tax bill which they are exempt from today. That tax bill equates to roughly $100 million. Roughly $20 million of that $100 million, on an annual basis, will go toward local governments. The other $80 million will come to us to fight on another day in terms of spending those dollars.

The other components of these bills, regarding a required evaluation, well, frankly, the Blues—if they do decide to become a nonprofit mutual—will still be an asset to the people of this great state. There will be evaluations that must occur if, in fact, there is ever any change of ownership. However, a change of ownership is strictly forbidden in the bills.

Again, we set up a special health care fund to the tune of $1.5 billion over 18 years, and a good portion of it will go to offset increases in Medigap for our seniors. We put into the bills an agreement between the Attorney General and the Blues for a rate freeze for Medigap-insured individuals for four more years. Then we offset any increases they will see with a specific subsidy coming from the Michigan Special Health Care Fund.

We’ve addressed the fair market issues that have been brought forth to the Insurance Committee in terms of the most-favored-nation clauses. Those will be banned from this point forward according to what the Insurance Commissioner came out with in July of this year.

We also address another issue dealing with escheated property. Some of the senior advocates in our state came forward to make certain there was a continued revenue stream through the escheated property fund that has been addressed in this bill, as well. It is a comprehensive solution. It is a good step forward. We have spent countless, countless hours on this.

Mr. President, thank you so much for your indulgence, and I encourage my colleagues to support these bills.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Hildenbrand introduced

Senate Bill No. 1338, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 5303 and 5306 (MCL 700.5303 and 700.5306), section 5303 as amended by 2000 PA 468 and section 5306 as amended by 2004 PA 532.

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

Senator Nofs introduced

Senate Bill No. 1339, entitled

A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending sections 304, 316, and 502 (MCL 484.2304, 484.2316, and 484.2502), as amended by 2011 PA 58.

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

Senators Pavlov, Green, Casperson, Booher, Proos and Pappageorge introduced

Senate Bill No. 1340, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2004 PA 587.

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

Senators Casperson, Pavlov, Green, Booher, Proos and Pappageorge introduced

Senate Bill No. 1341, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 73109 and 73110 (MCL 324.73109 and 324.73110), as amended by 1998 PA 546.

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

Senator Emmons introduced

Senate Bill No. 1342, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30103 (MCL 324.30103), as amended by 2009 PA 139.

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

Senator Hunter introduced

Senate Bill No. 1343, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 204.

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

Senator Colbeck introduced

Senate Bill No. 1344, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 371 (MCL 18.1371), as amended by 2007 PA 2.

The bill was read a first and second time by title and referred to the Committee on Reforms, Restructuring and Reinventing.

Senators Schuitmaker and Jones introduced

Senate Bill No. 1345, entitled

A bill to amend 1990 PA 250, entitled “DNA identification profiling system act,” by amending the title and sections 2, 3, 3a, and 6 (MCL 28.172, 28.173, 28.173a, and 28.176), the title and section 3 as amended by 1998 PA 522, sections 2 and 6 as amended by 2008 PA 535, and section 3a as amended by 2008 PA 533.

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

Senators Jones and Schuitmaker introduced

Senate Bill No. 1346, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520m (MCL 750.520m), as amended by 2008 PA 380.

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

Senators Schuitmaker and Jones introduced

Senate Bill No. 1347, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18k of chapter XIIA (MCL 712A.18k), as amended by 2003 PA 77.

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

Senators Walker, Hansen, Casperson and Booher introduced

Senate Bill No. 1348, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43559 (MCL 324.43559), as amended by 1998 PA 95, and by adding section 1616.

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

Senators Kahn, Richardville and Jones introduced

Senate Bill No. 1349, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212 and 7214 (MCL 333.7212 and 333.7214), section 7212 as amended by 2012 PA 183 and section 7214 as amended by 1982 PA 352, and by adding article 8; and to repeal acts and parts of acts.

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

Senators Casperson, Meekhof and Booher introduced

Senate Bill No. 1350, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40118, 43503, and 43507 (MCL 324.40103, 324.40118, 324.43503, and 324.43507), section 40103 as amended by 2000 PA 191, section 40118 as amended by 2000 PA 347, section 43503 as added by 1995 PA 57, and section 43507 as amended by 1996 PA 585, and by adding sections 40110b and 43528b.

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

Senators Pappageorge and Gregory introduced

Senate Bill No. 1351, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8123 and 8132 (MCL 600.8123 and 600.8132), section 8123 as amended by 2012 PA 37 and section 8132 as amended by 2011 PA 300.

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

House Bill No. 4446, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2012 PA 114.

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. 5156, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1201, 1222, and 1224 (MCL 500.1201, 500.1222, and 500.1224), sections 1201 and 1224 as amended by 2001 PA 228.

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 Insurance.

House Bill No. 5488, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2010 PA 279.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5557, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 13c (MCL 125.1663c), as amended by 2009 PA 213.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5678, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2008 PA 438.

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. 5727, entitled

A bill to provide that governmental units implement cost-effective energy conservation improvements to minimize energy consumption and reduce operating costs; to provide for energy audits; to specify procedures for obtaining contracts to reduce energy consumption; to prescribe payment methods for energy conservation contracts; and to prescribe duties for certain state governmental officers and entities.

The House of Representatives has passed the bill.

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

House Bill No. 5835, entitled

A bill to repeal 1980 PA 307, entitled “Savings and loan act of 1980,” (MCL 491.102 to 491.1202).

The House of Representatives has passed the bill by a 2/3 vote 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 Banking and Financial Institutions.

House Bill No. 5836, entitled

A bill to amend 1978 PA 322, entitled “An act to authorize financial institutions to make electronic funds transfer terminals available to their customers; to protect the privacy and security of customers; to prohibit unfair discrimination among financial institutions and monopolistic practices in the use and availability of electronic funds transfer terminals; to prescribe remedies; and to prescribe penalties,” by amending section 2 (MCL 488.2), as amended by 2003 PA 220.

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 Banking and Financial Institutions.

House Bill No. 5837, entitled

A bill to amend 1973 PA 43, entitled “An act to permit associations, institutions and credit unions to process or handle food stamps; and to prescribe powers and duties,” by amending section 1 (MCL 400.171), as amended by 2003 PA 218.

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 Banking and Financial Institutions.

House Bill No. 5838, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5451 and 6023 (MCL 600.5451 and 600.6023), section 5451 as added by 2004 PA 575 and section 6023 as amended by 1998 PA 61.

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 Banking and Financial Institutions.

House Bill No. 5863, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled “Motor vehicle sales finance act,” by amending section 36 (MCL 492.136), as amended by 2003 PA 221.

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 Banking and Financial Institutions.

House Bill No. 5877, 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 House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5890, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1238 (MCL 500.1238), as added by 1984 PA 5.

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 Insurance.

House Bill No. 5891, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2112, 2116, 3109, and 3109a (MCL 500.2112, 500.2116, 500.3109, and 500.3109a), sections 2112 and 2116 as amended by 1980 PA 461.

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 Insurance.

Statements

Senators Kahn and Caswell asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Kahn’s statement is as follows:

Mr. President, the monthly revenue report for September has been released. It says, I quote, “Revenue for Michigan’s General Fund and School Aid Fund, earmarked taxes, in September were down 3.5% from last year’s level. On the other hand, it’s up $69.5 million above the expected level.”

For the year 2012, we ended up reconfiguring our expectations in the May Revenue Estimating Conference, about $124 million. And while that sounds good, it needs to be borne in mind that it’s only good because our expectations have been reduced. While economics is said to be the dismal science, are these numbers dismal or not dismal? Or how dismal?

It appears that, yes, we do have a recovery in Michigan, but it’s weak, it’s anemic, and it’s fragile. So we go home now, and come back here in three weeks or so, and we’re asked about the future of Michigan. The answer is clear: We’re still not quite on life support but sick, and we need careful attention to our economy, our expenditures, and our revenues.

Senator Caswell’s statement is as follows:

I want to speak to the waiver that the State Board of Education is requesting from the federal government, in terms of how our schools will be graded in the state. I’m going to give to the body my best understanding. If I’m wrong, I am more than willing to stand corrected.

The waiver that’s been presented to the federal government judges schools based on the difference between the highest-scoring student and the lowest-scoring student in each building. Let me give you an example: As a coach in track, I encouraged everyone to come out—whether you were good or whether you weren’t good. Well, one year I had a young man run the high hurdles in the time of 14.8 seconds—very good time. I had another young man run a time of about 25 seconds—quite poor. But my track team, based on the waiver that’s been presented by the federal government, is going to be judged by the difference between the 14.8-second kid and the 25-second kid. And so I would be a lousy coach, and I’d have a lousy team.

But if I get rid of that 25-second kid and only allow kids to come out that ran 20 seconds, then I’d be a much better coach and have a much better team. And if I get rid of that 14.8-second kid, the real good one, and replace him with the next best kid, 17.4, and have now narrowed that range down to 17.4 seconds to 20 seconds, I’m now an excellent coach, and I have an excellent team.

I hope my illustration illustrates for you the somewhat suspect nature of the waiver that we’ve requested from the federal government. I would also say this: Those schools who do not meet the requirements or who are declared a priority school or a focus school, apparently, in the waiver are being requested to use Title I money to transport their students to other schools who can do a better job. The problem with this is that many of those students who might be transferred aren’t Title I-eligible. And so we’re being asked, apparently, to use Title I money to transport students who are not Title I-eligible, which, if I understand it correctly, is a violation of federal law. This waiver can be corrected. We have until early December to write a waiver more consistent with other states around the Union, which will not punish our schools for having very successful students and very unsuccessful students, but will take into account whether or not the school district is doing its job in terms of what it’s trying to accomplish.

I call your attention to this simply so that you’re aware of it, and as I say, investigate it. Talk to your schools back home, be they charter or traditional public schools. Again, if I’m wrong, I will certainly stand corrected, but I believe this waiver is not well thought-out.

Committee Reports

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1008, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections part 317.

With the recommendation that the substitute (S-5) be adopted and that the bill then pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Kowall, Meekhof and Warren

Nays: None

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1155, entitled

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

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Green, Kowall and Warren

Nays: None

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1156, entitled

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

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Green, Kowall and Warren

Nays: None

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1157, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5402 and 5406 (MCL 324.5402 and 324.5406), as added by 1997 PA 26.

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

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Green, Kowall and Warren

Nays: None

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1158, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 19708 (MCL 324.19708), as amended by 2010 PA 232.

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Green, Kowall and Warren

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1238, entitled

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

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Kowall and Meekhof

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1276, entitled

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

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Green and Kowall

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1280, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 501 and 503 (MCL 324.501 and 324.503), section 503 as amended by 2012 PA 294.

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

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Green and Kowall

Nays: Senator Warren

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 1287, entitled

A bill to amend 2006 PA 379, entitled “Qualified forest property recapture tax act,” by amending section 5 (MCL 211.1035).

With the recommendation that the bill pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

Yeas: Senators Casperson, Pavlov, Green, Kowall and Warren

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

House Bill No. 4561, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 4 (MCL 125.1504), as amended by 2004 PA 584.

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 and Johnson

Nays: Senator Warren

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

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Thursday, September 27, 2012, at 12:30 p.m., Room 110, Farnum Building

Present: Senators Rocca (C), Jones, Meekhof, Pavlov, Johnson and Warren

Excused: Senator Hune

The Committee on Families, Seniors and Human Services reported

Senate Bill No. 1132, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 24 of chapter X (MCL 710.24), 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, Nofs and Gregory

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

Senate Bill No. 1240, entitled

A bill to provide protection from civil liability to persons that provide court-appointed social services.

With the recommendation that the bill 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: Senator Gregory

The bill was referred to the Committee of the Whole.

The Committee on Families, Seniors and Human Services reported

Senate Bill No. 1242, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 2a and 10 (MCL 722.112a and 722.120), section 2a as amended by 2007 PA 217 and section 10 as amended by 2006 PA 206.

With the recommendation that the bill pass.

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

Judith K. Emmons

Chairperson

To Report Out:

Yeas: Senators Emmons, Rocca, Nofs and Gregory

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Families, Seniors and Human Services submitted the following:

Meeting held on Thursday, September 27, 2012, at 1:30 p.m., Room 100, Farnum Building

Present: Senators Emmons (C), Rocca, Nofs and Gregory

The Committee on Economic Development reported

House Bill No. 5617, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44a (MCL 125.1444a), as amended by 2004 PA 549.

With the recommendation that the bill pass.

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

Michael W. Kowall

Chairperson

To Report Out:

Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hansen and Hunter

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development reported

House Bill No. 5618, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 44c (MCL 125.1444c), as amended by 2004 PA 535.

With the recommendation that the bill pass.

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

Michael W. Kowall

Chairperson

To Report Out:

Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hansen and Hunter

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development reported

House Bill No. 5620, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 32b (MCL 125.1432b), as amended by 2004 PA 549.

With the recommendation that the bill pass.

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

Michael W. Kowall

Chairperson

To Report Out:

Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hansen and Hunter

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Thursday, September 27, 2012, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons, Hansen, Hunter and Smith

The Committee on Reforms, Restructuring and Reinventing reported

House Bill No. 4096, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 448.

With the recommendation that the bill pass.

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

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen, Colbeck, Casperson, Kowall and Robertson

Nays: Senator Warren

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Reforms, Restructuring and Reinventing submitted the following:

Meeting held on Thursday, September 27, 2012, at 2:00 p.m., Room 405, Capitol Building

Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren

The Committee on Insurance reported

Senate Bill No. 1293, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2213b, 3705, 3712, 5008, 5104, 5209, 5800, and 5824 (MCL 500.2213b, 500.3705, 500.3712, 500.5008, 500.5104, 500.5209, 500.5800, and 500.5824), section 2213b as amended by 1998 PA 457, sections 3705 and 3712 as added by 2003 PA 88, section 5008 as amended by 1994 PA 226, section 5104 as amended by 1999 PA 211, and section 5800 as amended by 2000 PA 8, and by adding sections 5801 and 5805.

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.

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Marleau, Brandenburg, Hansen, Smith and Bieda

Nays: None

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

The Committee on Insurance reported

Senate Bill No. 1294, entitled

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.

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Marleau, Brandenburg, Hansen, Smith and Bieda

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 Insurance submitted the following:

Meeting held on Tuesday, October 16, 2012, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Hune (C), Marleau, Brandenburg, Hansen, Smith and Bieda

Excused: Senator Robertson

The Committee on Reforms, Restructuring and Reinventing reported

Senate Bill No. 1279, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 7 (MCL 338.887), as amended by 2002 PA 205.

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.

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen, Colbeck, Casperson, Kowall and Robertson

Nays: Senators Young and Warren

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

COMMITTEE ATTENDANCE REPORT

The Committee on Reforms, Restructuring and Reinventing submitted the following:

Meeting held on Wednesday, October 17, 2012, at 8:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren

COMMITTEE ATTENDANCE REPORT

The Committee on Insurance submitted the following:

Meeting held on Thursday, September 27, 2012, at 12:30 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Hune (C), Marleau, Brandenburg, Hansen, Robertson and Bieda

Excused: Senator Smith

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Tuesday, October 2, 2012, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Caswell (C), Jansen, Proos and Gregory

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, October 9, 2012, at 10:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Jones (C), Schuitmaker and Bieda

Excused: Senator Rocca

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Wednesday, October 10, 2012, at 2:00 p.m., Room 405, Capitol Building

Present: Senators Caswell (C) and Proos

Excused: Senators Jansen and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Tuesday, October 16, 2012, at 2:00 p.m., Room 405, Capitol Building

Present: Senators Caswell (C), Proos and Gregory

Excused: Senator Jansen

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources, Environment and Great Lakes submitted the following:

Meeting held on Wednesday, October 17, 2012, at 8:00 a.m., Room 210, Farnum Building

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

Excused: Senators Green, Meekhof and Hood

Scheduled Meetings

Appropriations -

Subcommittee -

Human Services Department - Tuesday, October 23, 2:00 p.m., Room 405, Capitol Building (373-2768)

Michigan Law Revision Commission - Thursday, October 18, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 4:16 p.m.

Pursuant to Senate Concurrent Resolution No. 34, the Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Thursday, November 8, 2012, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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