No. 47

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Wednesday, May 16, 2012.

10:00 a.m.

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

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

Anderson—present Hood—present Pappageorge—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Hunter—present Richardville—present

Casperson—present Jansen—present Robertson—present

Caswell—present Johnson—present Rocca—present

Colbeck—present Jones—present Schuitmaker—present

Emmons—present Kahn—present Smith—present

Gleason—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Pastor Chris Lambert of Ekklesia Church of Westland offered the following invocation:

Father, this morning as we gather as leaders, we look to You as the ultimate leader, and we acknowledge that leading human beings is the most difficult of all things, but we see that You do it perfectly. So we just acknowledge Your presence above all Your leadership, Your authority, and Your perfection. We welcome Your Spirit here to guide every decision that will be made.

Lord, may Your kingdom continue to unfold. I thank You for every single leader present here with us right now, and we lift them up to You. God, we lift each and every Senator and each and every person in this room up to You that they may continue to flourish in life; that they may be blessed and anointed with Your causes, Your love, Your peace, and Your joy. If there is anyone in this place who is going through difficult circumstances, we lift them up to You, God, and we just seek for Your blessings and miracles to take place. We ask for transformation in Jesus’ name.

We pray for the families of the Senators represented here that they would be filled with love, joy, and peace; that their spousal relationships would be more than satisfactory; and that there would be increased joy. We pray for their children that they would thrive, succeed, grow, and become productive citizens in this great country.

Lord, we just pray also for every decision that will be made today; that You would lead and guide us and make things happen according to Your will. May we experience Your presence through every word that is said, every decision made, and every action taken.

In Jesus’ name we pray. Amen.

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

Motions and Communications

Senators Young, Caswell and Gleason entered the Senate Chamber.

Senator Meekhof moved that Senators Marleau, Casperson, Emmons and Green be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senators Casperson, Green and Marleau 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 bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 1040

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

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

House Bill Nos. 5154 5237 5322 5477

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, May 15, for his approval the following bills:

Enrolled Senate Bill No. 92 at 1:12 p.m.

Enrolled Senate Bill No. 499 at 1:14 p.m.

Recess

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

The motion prevailed, the time being 10:07 a.m.

11:11 a.m.

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

During the recess, Senators Hunter, Emmons and Johnson entered the Senate Chamber.

Messages from the Governor

The following messages from the Governor were received:

Date: May 15, 2012

Time: 10:54 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 621 (Public Act No. 130), being

An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 166b (MCL 388.1766b), as amended by 2010 PA 204.

(Filed with the Secretary of State on May 15, 2012, at 4:12 p.m.)

Date: May 15, 2012

Time: 10:56 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 622 (Public Act No. 131), being

An act to amend 1996 PA 160, entitled “An act to establish a postsecondary enrollment options program for certain students enrolled in Michigan schools; to prescribe certain duties of public schools; to prescribe certain powers and duties of certain state departments, officials, and agencies; and to repeal acts and parts of acts,” by amending section 3 (MCL 388.513), as amended by 2005 PA 180.

(Filed with the Secretary of State on May 15, 2012, at 4:14 p.m.)

Date: May 15, 2012

Time: 10:58 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 623 (Public Act No. 132), being

An act to amend 2000 PA 258, entitled “An act to establish career and technical preparation enrollment options for certain students enrolled in Michigan schools; to prescribe certain duties of public schools and certain postsecondary institutions; to prescribe certain powers and duties of certain state departments, officials, and agencies; and to repeal acts and parts of acts,” by amending section 3 (MCL 388.1903), as amended by 2005 PA 181.

(Filed with the Secretary of State on May 15, 2012, at 4:16 p.m.)

Date: May 15, 2012

Time: 11:00 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 709 (Public Act No. 133), being

An act to amend 2000 PA 258, entitled “An act to establish career and technical preparation enrollment options for certain students enrolled in Michigan schools; to prescribe certain duties of public schools and certain postsecondary institutions; to prescribe certain powers and duties of certain state departments, officials, and agencies; and to repeal acts and parts of acts,” by amending the title and sections 3a, 4, 7, 9, 10, and 11 (MCL 388.1903a, 388.1904, 388.1907, 388.1909, 388.1910, and 388.1911), section 3a as added and section 9 as amended by 2004 PA 592.

(Filed with the Secretary of State on May 15, 2012, at 4:18 p.m.)

Date: May 15, 2012

Time: 11:02 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 710 (Public Act No. 134), being

An act to amend 1996 PA 160, entitled “An act to establish a postsecondary enrollment options program for certain students enrolled in Michigan schools; to prescribe certain duties of public schools; to prescribe certain powers and duties of certain state departments, officials, and agencies; and to repeal acts and parts of acts,” by amending the title and sections 3a, 4, 7, 9, 10, and 11 (MCL 388.513a, 388.514, 388.517, 388.519, 388.520, and 388.521), section 3a as added and section 9 as amended by 2004 PA 594.

(Filed with the Secretary of State on May 15, 2012, at 4:20 p.m.)

Date: May 15, 2012

Time: 3:37 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 619 (Public Act No. 129), 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 552 (MCL 380.552), as amended by 2011 PA 277.

(Filed with the Secretary of State on May 15, 2012, at 4:10 p.m.)

Respectfully,

Rick Snyder

Governor

Messages from the House

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

Senate Bill No. 908

The motion prevailed.

Senate Bill No. 929, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 4, 9, 88b, 88c, 88h, 88k, and 90b (MCL 125.2004, 125.2009, 125.2088b, 125.2088c, 125.2088h, 125.2088k, and 125.2090b), section 4 as amended by 2010 PA 271, section 9 as amended by 2011 PA 291, section 88b as amended by 2011 PA 250, sections 88c and 88h as amended by 2011 PA 251, section 88k as added by 2005 PA 215, and section 90b as added by 2011 PA 252.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

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

The Senate agreed to the full title.

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

Third Reading of Bills

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

Senate Bill No. 126

Senate Bill No. 127

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 126, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2008 PA 439.

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. 336 Yeas—37

Anderson Gregory Jones Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green

Nays—1

Kahn

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senators Anderson, Bieda, Booher, Caswell, Colbeck, Emmons, Gleason, Hansen, Hopgood, Hune, Hunter, Johnson, Jones, Kowall, Meekhof, Nofs, Richardville, Rocca, Schuitmaker, Walker, Warren and Whitmer were named co‑sponsors of the bill.

The following bill was read a third time:

Senate Bill No. 127, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2008 PA 438.

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. 337 Yeas—37

Anderson Gregory Jones Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green

Nays—1

Kahn

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senators Anderson, Bieda, Booher, Caswell, Colbeck, Emmons, Gleason, Hansen, Hopgood, Hune, Hunter, Johnson, Kowall, Meekhof, Nofs, Richardville, Rocca, Schuitmaker and Walker were named co‑sponsors of the bill.

Recess

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

The motion prevailed, the time being 11:19 a.m.

11:58 a.m.

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

Recess

Senator Meekhof moved that the Senate recess until 3:00 p.m.

The motion prevailed, the time being 11:59 a.m.

The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker.

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

The motion prevailed.

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

Senate Resolution No. 155

The resolution consent calendar was adopted.

Senators Kahn, Pappageorge and Anderson offered the following resolution:

Senate Resolution No. 155.

A resolution commemorating the Third Annual Michigan Chaldean American Legislative Day.

Whereas, 130,000 Chaldeans reside in the state of Michigan, the largest population outside of Iraq; and

Whereas, Chaldeans, since migrating to America during the 1920s, have continued to use their strong work ethic to contribute to the growth of Michigan through the establishment of more than 15,000 Chaldean-owned businesses across the state; and

Whereas, The Chaldean population has consistently proven their entrepreneurial spirit with nearly 60 percent of the community owning at least one business and 80 percent of all food stores in the Detroit area alone; and

Whereas, The population of Chaldean Americans continues to grow in the state of Michigan, since the Iraqi Chaldean refugees began migrating in search of better economic, political, and religious opportunities; and

Whereas, The Chaldean American community works to help the refugees adjust and become contributing citizens to the Great Lakes State through business, philosophy, language, and cuisine; and

Whereas, The Chaldean Community Foundation provides social services to more than 8,000 people annually at their Sterling Heights and Southfield offices, advancing the needs of the Chaldean American community and the communities in which they live and work through education, charitable giving, and advocacy; now, therefore, be it

Resolved by the Senate, That we commemorate the Third Annual Michigan Chaldean American Legislative Day on May 17, 2012, with the entire state acknowledging the contributions of this innovative and entrepreneurial community as an important part of Michigan’s diverse history; and be it further

Resolved, That a copy of this resolution be transmitted to the Chaldean American Chamber of Commerce as evidence of the highest esteem of the members of the Michigan Legislature.

Senator Meekhof moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.

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

Introduction and Referral of Bills

House Bill No. 5154, entitled

A bill to amend 2004 PA 159, entitled “Uniform principal and income act,” by amending sections 409 and 505 (MCL 555.809 and 555.905) and by adding section 606.

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 Finance.

House Bill No. 5237, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 2723 (MCL 700.2723), as added by 2010 PA 224.

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. 5322, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111 and 81133 (MCL 324.40111 and 324.81133), section 40111 as added by 1995 PA 57 and section 81133 as amended by 2008 PA 365.

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

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

House Bill No. 5477, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 88d, 88f, and 88q (MCL 125.2088d, 125.2088f, and 125.2088q), section 88d as amended by 2008 PA 571, section 88f as added by 2005 PA 225, and section 88q as amended by 2009 PA 144.

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.

Recess

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

The motion prevailed, the time being 3:02 p.m.

4:32 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 Robertson as Chairperson.

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

Senate Bill No. 1085, entitled

A bill to amend 2011 PA 98, entitled “Fair and open competition in governmental construction act,” by amending the title and sections 5, 7, 9, and 13 (MCL 408.875, 408.877, 408.879, and 408.883) and by adding sections 2 and 8.

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. 1119, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 22 (MCL 125.1422), as amended by 2008 PA 449.

Substitute (S-2).

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

1. Amend page 9, line 15, after “IN” by striking out the balance of the sentence and inserting “42 USC 1437A. HOWEVER, THE DEFINITION OF PUBLIC HOUSING AGENCY DOES NOT CONFER ON THE AUTHORITY POWERS NOT GRANTED ELSEWHERE IN THIS ACT.”.

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 following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 1090

House Bill No. 5287

House Bill No. 5288

House Bill No. 5289

Senate Bill No. 907

Senate Bill No. 901

Senate Bill No. 902

Senate Bill No. 903

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1090, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20120e (MCL 324.20120e), as added by 2010 PA 228.

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. 338 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

Green Kowall

Nays—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5287, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622, 1211, and 1223 (MCL 380.622, 380.1211, and 380.1223), sections 622 and 1223 as amended by 2009 PA 22 and section 1211 as amended by 2011 PA 317.

The question being on the passage of the bill,

Senator Young offered the following amendment:

1. Amend page 6, line 14, by striking out all of section 1211.

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 339 Yeas—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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. 340 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

Green Kowall

Nays—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to provide 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,”.

The Senate agreed to the full title.

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

The motion prevailed.

Senator Young’s statement is as follows:

Madam President, I would like to begin with a quote: “We have it in our power to begin the world over again.” Thomas Payne. I offer this amendment to eliminate the tax exemption for buildings owned by the private company that may be running the charter and the cyber school. Private companies should not be making a profit from taxpayer dollars and then receive an exemption from paying taxes themselves. That is not fair, and I would go as far as to say that it is double-dipping.

We have cut funding from our cities and our school districts that are in the process of further slashing their revenue by repealing the personal property tax. How much more money do you plan to give away to the corporations?

This current version of the tax exemption for charter schools is worse than the first time you passed it because the building no longer has to have students in it; it just has to be owned by the private company. Any reforms to the school code should be focused on providing a better education for students, not providing bigger profit margins for private businesses.

In the interest of fairness, I urge my colleagues to remove this tax exemption.

The following bill was read a third time:

House Bill No. 5288, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 142 (MCL 389.142), as amended by 2009 PA 179.

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. 341 Yeas—37

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Green

Nays—1

Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue bonds to finance the training program; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5289, entitled

A bill to amend 1943 PA 20, entitled “An act relative to the investment of funds of public corporations of the state; and to validate certain investments,” by amending section 1 (MCL 129.91), as amended by 2009 PA 21.

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. 342 Yeas—37

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Green

Nays—1

Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 907, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7dd (MCL 211.7dd), as amended by 2011 PA 320.

The question being on the passage of the bill,

Senator Brandenburg offered the following amendment:

1. Amend page 2, following line 19, by inserting:

(xi) BEFORE CLAIMING AN EXEMPTION UNDER SECTION 7CC, THE PRESENT BENEFICIARY OF THE TRUST FILES AN AFFIDAVIT WITH THE ASSESSOR OF THE LOCAL TAX COLLECTING UNIT NOTIFYING THE ASSESSOR THAT THE PRESENT BENEFICIARY IS CLAIMING AN EXEMPTION UNDER SECTION 7CC FOR PROPERTY OWNED BY THE TRUST. THE AFFIDAVIT SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT OF TREASURY. THE AFFIDAVIT SHALL INCLUDE THE PRESENT BENEFICIARY’S NAME, THE ADDRESS OF THE PROPERTY FOR WHICH AN EXEMPTION UNDER SECTION 7CC IS CLAIMED, AND A STATEMENT THAT THE PRESENT BENEFICIARY HAS MET ALL REQUIREMENTS FOR AN EXEMPTION UNDER SECTION 7CC.”.

The amendment was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 343 Yeas—37

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Schuitmaker

Caswell Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Green

Nays—1

Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 901, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 144 (MCL 559.244), as added by 1982 PA 538.

The question being on the passage of the bill,

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

The motion prevailed.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 1056, entitled

A bill to amend 1925 PA 289, entitled “An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act,” by amending sections 1a, 2, 2a, 3, 3a, and 8 (MCL 28.241a, 28.242, 28.242a, 28.243, 28.243a, and 28.248), sections 1a and 3a as amended and section 8 as added by 2001 PA 187, section 2 as amended by 2001 PA 203, section 2a as added by 2005 PA 310, and section 3 as amended by 2004 PA 222.

With the recommendation that the bill pass.

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

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Rocca and Bieda

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 1082, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7212 (MCL 333.7212), as amended by 2011 PA 88, and by adding section 7417.

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.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Rocca 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 Judiciary submitted the following:

Meeting held on Tuesday, May 15, 2012, at 2:30 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Rocca and Bieda

Excused: Senator Schuitmaker

The Committee on Appropriations reported

Senate Bill No. 1040, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 3a, 4, 43a, 43e, 84, and 91 (MCL 38.1303a, 38.1304, 38.1343a, 38.1343e, 38.1384, and 38.1391), section 3a as added by 1996 PA 268, sections 4 and 91 as amended and section 43e as added by 2010 PA 75, section 43a as amended by 2007 PA 111, and section 84 as amended by 1989 PA 194, and by adding sections 43g, 59, 84b, 91a, and 92b; and to repeal acts and parts of acts.

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.

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Colbeck, Green, Proos, Schuitmaker and Walker

Nays: Senators Anderson, Gregory, Hood, Hopgood and Johnson

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

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Tuesday, May 15, 2012, at 1:05 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood, Hopgood and Johnson

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, May 15, 2012, at 12:30 p.m., Room 100, Farnum Building

Present: Senators Casperson (C), Kowall, Pavlov, Hansen and Gleason

Absent: Senators Brandenburg and Hood

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, May 15, 2012, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Nofs (C), Jones, Marleau, Schuitmaker, Hopgood, Bieda and Young

Excused: Senators Proos and Walker

Scheduled Meetings

Banking and Financial Institutions - Thursday, May 17, 1:30 p.m., Room 100, Farnum Building (373-5324)

Health Policy - Thursday, May 17, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314)

Local Government and Elections - Thursday, May 17, 9:00 a.m., Room 100, Farnum Building (373-5314)

Natural Resources, Environment and Great Lakes - Thursday, May 17, 8:30 a.m., Room 210, Farnum Building (373-5323)

Outdoor Recreation and Tourism - Thursday, May 17, 12:30 p.m., Room 210, Farnum Building (373-5323)

Reforms, Restructuring and Reinventing - Wednesday, May 23, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5307)

Regulatory Reform - Thursday, May 17, 2:00 p.m., Room 110, Farnum Building (373-5307)

State Drug Treatment Court Advisory Committee - Tuesday, May 22, 9:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 4:55 p.m.

The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, May 17, 2012, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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