No. 90
STATE OF MICHIGAN
Journal of the Senate
97th Legislature
REGULAR SESSION OF 2013
Senate Chamber, Lansing, Thursday, October 31, 2013.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Ananich—present Hood—present Pappageorge—present
Anderson—present Hopgood—present Pavlov—present
Bieda—present Hune—present Proos—present
Booher—present Hunter—present Richardville—present
Brandenburg—present Jansen—present Robertson—present
Casperson—present Johnson—present Rocca—present
Caswell—present Jones—present Schuitmaker—present
Colbeck—present Kahn—present Smith—present
Emmons—present Kowall—present Walker—present
Green—present Marleau—present Warren—present
Gregory—present Meekhof—present Whitmer—present
Hansen—present Moolenaar—present Young—excused
Hildenbrand—present Nofs—present
Pastor Kevin Berry of Mount Hope Church of Lansing offered the following invocation:
Father in heaven, we thank You that You are eternally, unchangeably good in all that You do. We know from Your words clearly that without You, our labor would be in vain. So we come to seek Your face for Your wisdom, for Your favor, and for Your grace today. I ask You to pour a spirit of wisdom on this assembly. I pray that You grant them favor and understanding in all the decisions that they make today.
Lord, I pray according Psalm 30:19 that You would pour out lavishly on them every good thing that they need to do Your will—every gift, every ability. I ask You to produce in them everything that is pleasing in Your sight through the power of Jesus Christ, and over their homes and their families, I pray You guard and keep them, and speak health to their bodies, peace to their minds. I ask that You guard and keep them by the power of Your great name.
I ask these things, and I thank You for them in the maximal name of Jesus Christ. We beseech Your blessing over the state, from the Upper Peninsula to the borders of Ohio and Michigan, asking that You would mark this state with Your favor, with Your smile, and with Your presence. We ask this and thank You for it in Jesus’ name. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Booher, Jansen and Emmons entered the Senate Chamber.
Senator Hopgood moved that Senators Hunter, Ananich and Johnson be temporarily excused from today’s session.
The motion prevailed.
Senator Hopgood moved that Senator Young be excused from today’s session.
The motion prevailed.
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 rule 3.902 be suspended to allow the guests of Senator Smith admittance to the Senate floor.
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.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, October 30:
House Bill Nos. 4570 4713 4736 4970 4971 5020 5021
The Secretary announced that the following bills were printed and filed on Wednesday, October 30, and are available at the Michigan Legislature website:
House Bill Nos. 5101 5102 5103 5104 5105 5106 5107 5108 5109 5110 5111 5112 5113
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 Hopgood as Chairperson.
After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 629, entitled
A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, transit-oriented developments, transit-oriented facilities, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending section 11 (MCL 123.961), as amended by 2008 PA 452.
Senate Bill No. 630, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2013 PA 61.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 68, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 81101, 81129, and 81130 (MCL 324.81101, 324.81129, and 324.81130), section 81101 as amended by 2012 PA 246, section 81129 as amended by 2008 PA 240, and section 81130 as amended by 2004 PA 587.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
During the Committee of the Whole, Senators Hunter and Johnson entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Richardville admittance to the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Senators Smith and Richardville asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Smith’s statement is as follows:
Today is somewhat of a sad day, but also we want to honor three men who acted with bravery when they were called upon when someone was in distress. Last week, it was reported that somebody was attempting a carjacking on East Jefferson in the city of Detroit. Three men tried to stop that carjacking. One of them was actually injured. He was actually wounded in that attempt, and his car was actually stolen. The five members from Detroit: myself, Senator Young, Senator Hood, Senator Hunter, and Senator Johnson wanted to honor their heroism.
We have the three men here today, and we also have Ms. Buckman here, who was the person who was being carjacked at that time. She also has something to honor these three individuals with. We have three tributes that were all signed by myself, Senator Young, Senator Johnson, Senator Hood, and Senator Hunter. First, I want to honor Calvin Kirkland. Calvin was the individual who was injured. Calvin, on behalf of the Michigan Senate, we honor you. Thank you for your heroism. Next we have Mr. Michael Turner, who was actually shot at too. He was not wounded, but again, we in the Michigan Senate want to honor you for your heroism. Thank you. And last, but not least, we have Mr. Jason McGuire. Again, the Senate would like to thank you for your heroism. They are all flanked by their families and friends, and Ms. Buckman also has something for them.
Senator Richardville’s statement is as follows:
Today, I have with me on the floor someone who is no stranger to the Capitol, Susan Demas. Many of us know Susan from her years of covering the Senate for MIRS. She has moved on to a new venture as the owner of the newsletter Inside Michigan Politics.
Inside Michigan Politics was founded in 1987 by former lawmaker Bill Ballenger. Inside Michigan Politics can be found in union halls, government offices at all levels, the White House, and has been cited in several national publications. Ballenger served as a State Representative, a State Senator, the Racing Commissioner, and the director of the Michigan Department of Licensing and Regulation. He also served as the deputy assistant Secretary of the United States Department of Health, Education, and Welfare under President Ford.
Susan’s work has been published in more than 70 national, international, and regional publications, and she has received numerous accolades in her field. Inside Michigan Politics is the gold standard when it comes to political newsletters in Michigan. Taking it over will not be easy, but if anyone can do it, it’s Susan Demas. We look forward to watching Inside Michigan Politics move into a new phase. We congratulate Bill and Susan on their new ventures.
I wish that the members, the guests in the gallery, and the staff would please congratulate Susan, and welcome her daughter Angela to the Senate floor as well.
By unanimous consent the Senate proceeded 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. 629
Senate Bill No. 630
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. 269
House Bill No. 4704
Senate Bill No. 553
Senate Bill No. 580
Senate Bill No. 611
Senate Bill No. 629
Senate Bill No. 630
The motion prevailed.
Senator Ananich entered the Senate Chamber.
The following bill was read a third time:
Senate Bill No. 269, entitled
A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), section 7 as amended by 2009 PA 183 and section 8 as amended by 2011 PA 254.
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. 478 Yeas—33
Ananich Hansen Jones Proos
Anderson Hildenbrand Kahn Richardville
Bieda Hood Kowall Robertson
Booher Hopgood Marleau Rocca
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Green Johnson Pavlov Whitmer
Gregory
Nays—4
Brandenburg Colbeck Meekhof Schuitmaker
Excused—1
Young
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. 4704, entitled
A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” by amending sections 16 and 18 (MCL 141.436 and 141.438), as amended by 2000 PA 493.
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. 479 Yeas—29
Ananich Green Jansen Pappageorge
Anderson Hansen Jones Pavlov
Booher Hildenbrand Kahn Proos
Brandenburg Hood Kowall Richardville
Casperson Hopgood Marleau Robertson
Caswell Hune Moolenaar Schuitmaker
Colbeck Hunter Nofs Walker
Emmons
Nays—8
Bieda Johnson Rocca Warren
Gregory Meekhof Smith Whitmer
Excused—1
Young
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 provide for the formulation and establishment of uniform charts of accounts and reports in local units of government; to define local units of government; to provide for the examination of the books and accounts of local units of government; to provide for annual financial reports from local units of government; to provide for the administration of this act; to prescribe the powers and duties of the state treasurer, the attorney general, the library of Michigan and depository libraries, and other officers and entities; to provide penalties for violation of certain requirements of this act; to provide for meeting the expenses authorized by this act; to provide a uniform budgeting system for local units; and to prohibit deficit spending by a local unit of government,”.
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No. 553, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 4 (MCL 125.2684), as amended by 2008 PA 116.
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. 480 Yeas—36
Ananich Gregory Jones Proos
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Green Johnson Pavlov Whitmer
Nays—1
Colbeck
Excused—1
Young
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. 580, entitled
A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 8h (MCL 125.2688h), as added by 2010 PA 277.
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. 481 Yeas—31
Ananich Hansen Kahn Proos
Anderson Hildenbrand Kowall Richardville
Bieda Hood Marleau Rocca
Booher Hopgood Meekhof Smith
Casperson Hunter Moolenaar Walker
Emmons Jansen Nofs Warren
Green Johnson Pappageorge Whitmer
Gregory Jones Pavlov
Nays—6
Brandenburg Colbeck Robertson Schuitmaker
Caswell Hune
Excused—1
Young
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. 611, entitled
A bill to amend 1980 PA 395, entitled “Community convention or tourism marketing act,” by amending section 5 (MCL 141.875), as amended by 1989 PA 245.
The question being on the passage of the bill,
Senator Smith offered the following amendments:
1. Amend page 1, line 6, after “month.” by striking out “The” and inserting “UNLESS THE OWNER OF THE TRANSIENT FACILITY HAS OPTED OUT OF PAYING THE ASSESSMENT UNDER SUBSECTION (6), THE”.
2. Amend page 4, following line 3, by inserting:
“(6) BEGINNING JANUARY 1, 2014, AN OWNER OF A TRANSIENT FACILITY MAY OPT OUT OF PAYING THE ASSESSMENT UNDER THIS ACT BY NOTIFYING THE BUREAU, IN WRITING, OF HIS OR HER DECISION TO OPT OUT. AN OWNER OF A TRANSIENT FACILITY THAT OPTS OUT OF PAYING THE ASSESSMENT UNDER THIS SUBSECTION SHALL NOT COLLECT THE ASSESSMENT FROM TRANSIENT GUESTS UNDER THIS ACT.”.
The amendments were not adopted, a majority of the members serving not voting therefor.
Senator Hunter requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendments were not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No. 482 Yeas—14
Ananich Casperson Hune Smith
Anderson Gregory Johnson Warren
Bieda Hood Moolenaar Whitmer
Brandenburg Hopgood
Nays—23
Booher Hildenbrand Marleau Richardville
Caswell Hunter Meekhof Robertson
Colbeck Jansen Nofs Rocca
Emmons Jones Pappageorge Schuitmaker
Green Kahn Pavlov Walker
Hansen Kowall Proos
Excused—1
Young
Not Voting—0
In The Chair: President
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 483 Yeas—36
Ananich Gregory Jones Proos
Anderson Hansen Kahn Richardville
Bieda Hildenbrand Kowall Robertson
Booher Hood Marleau Rocca
Brandenburg Hopgood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Caswell Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Green Johnson Pavlov Whitmer
Nays—1
Colbeck
Excused—1
Young
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. 629, entitled
A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, transit-oriented developments, transit-oriented facilities, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending section 11 (MCL 123.961), as amended by 2008 PA 452.
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. 484 Yeas—36
Ananich Gregory Jones Proos
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
Green Johnson Pavlov Whitmer
Nays—1
Caswell
Excused—1
Young
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. 630, entitled
A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2013 PA 61.
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. 485 Yeas—36
Ananich Gregory Jones Proos
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
Green Johnson Pavlov Whitmer
Nays—1
Caswell
Excused—1
Young
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Meekhof moved that consideration of the following resolution be postponed for today:
Senate Resolution No. 34
The motion prevailed.
Senate Resolution No. 46.
A resolution to encourage the inclusion of syringe and scalpel safety scores in health care facility accreditation audits.
The question being on the adoption of the following committee substitute:
Substitute (S-1).
The substitute was adopted.
The resolution as substituted was adopted.
Introduction and Referral of Bills
Senators Ananich and Whitmer introduced
Senate Bill No. 658, entitled
A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 3a.
The bill was read a first and second time by title and referred to the Committee on Economic Development.
Senators Ananich and Whitmer introduced
Senate Bill No. 659, entitled
A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 3g.
The bill was read a first and second time by title and referred to the Committee on Economic Development.
Senators Kahn and Richardville introduced
Senate Bill No. 660, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212, 7214, 7301a, 7303, 16169, 16170a, 16174, 16192, 16216, 16221, 16222, 16226, 16231, 16231a, 16232, 16233, 16237, 16241, 16245, 16315, 17754, 17768, 17775, and 20176a (MCL 333.7212, 333.7214, 333.7301a, 333.7303, 333.16169, 333.16170a, 333.16174, 333.16192, 333.16216, 333.16221, 333.16222, 333.16226, 333.16231, 333.16231a, 333.16232, 333.16233, 333.16237, 333.16241, 333.16245, 333.16315, 333.17754, 333.17768, 333.17775, and 333.20176a), section 7212 as amended by 2012 PA 183, section 7214 as amended by 1982 PA 352, section 7301a as amended by 2006 PA 392, section 7303 as amended by 1988 PA 60, sections 16169 and 16170a as added and section 16192 as amended by 1993 PA 80, section 16174 as amended by 2012 PA 49, sections 16216 and 16237 as added and section 16241 as amended by 1993 PA 87, section 16221 as amended by 2012 PA 501, sections 16222 and 16231a as added and sections 16232 and 17768 as amended by 1993 PA 79, section 16226 as amended by 2012 PA 499, sections 16231 and 16233 as amended by 2010 PA 382, section 16245 as amended by 2011 PA 223, section 16315 as amended by 2009 PA 216, section 17754 as amended by 2012 PA 209, section 17775 as added by 2012 PA 383, and section 20176a as amended by 1994 PA 52, 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.
Senator Meekhof introduced
Senate Bill No. 661, entitled
A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 33, 46, 52, 52a, and 69 (MCL 169.233, 169.246, 169.252, 169.252a, and 169.269), section 33 as amended by 2012 PA 273, sections 52 and 69 as amended by 2001 PA 250, and section 52a as added by 1995 PA 264.
The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.
House Bill No. 4570, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1335 (MCL 600.1335), as amended by 2004 PA 12.
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 Judiciary.
House Bill No. 4713, entitled
A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2006 PA 337.
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 Education.
House Bill No. 4736, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17745, 17751, 17754, and 17757 (MCL 333.17745, 333.17751, 333.17754, and 333.17757), sections 17745 and 17757 as amended by 2011 PA 210 and sections 17751 and 17754 as amended by 2012 PA 209, and by adding section 5110.
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 Health Policy.
House Bill No. 4970, entitled
A bill to amend 1967 PA 227, entitled “An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts,” by amending the title and sections 3, 4, and 15 (MCL 408.803, 408.804, and 408.815), section 15 as amended by 2004 PA 269, and by adding section 14a.
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. 4971, entitled
A bill to amend 1976 PA 333, entitled “An act to provide for the licensing of elevator journeymen and the regulation of elevators and elevator journeymen; to prescribe the functions of the director of labor and the elevator safety board; and to provide penalties for violations of this act,” by amending section 2 (MCL 338.2152).
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. 5020, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 304 (MCL 257.304), as amended by 2012 PA 498.
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 Judiciary.
House Bill No. 5021, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1084 (MCL 600.1084), as added by 2010 PA 154.
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 Judiciary.
Statements
Senators Caswell, Hopgood and Warren asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Caswell’s statement is as follows:
I bring to the body today some statistics that you might find of interest based on bills and policies that we’ve done in the past. I think this would be helpful for you to understand the impact that we’ve had in certain areas. The first statistic is that for the month of August, of the people in Michigan who came into the welfare program, 65 percent of them are now participating in work or work-related activities—65 percent. Four years ago, in this state, that number was below 30 percent. The policies that you’ve enacted are obviously working.
Secondly, the average length of time for an individual on welfare in this state is 13.1 months—13 months. When we imposed the four-year time limit, it was clearly predicated on the fact that we were willing to give people a hand up and not a handout. It’s become very apparent that our citizens are taking advantage of this. When they hit the rough times and difficult circumstances and they have to move to welfare, they’re quickly transitioning by getting involved in work and moving quickly off the rolls, after only a year and one month.
I think that is a good testimony to the work that we did. It’s working, and we’re getting our people back into the work force. I thank this body for its thoughtfulness in allowing these bills to be passed so that once again we can give people a hand up and not a handout.
Senator Hopgood’s statement is as follows:
Colleagues, back in May, we passed a resolution raising concerns about the construction of a Canadian underground nuclear waste repository next to Lake Huron. Senate Resolution No. 58 recommended actions for the Canadians to address our concerns with the project and urged Congress to help ensure our concerns were fully resolved. While I’m glad to report to you that we secured the support of Senators Stabenow and Levin and Congressmen Dingell, Kildee, Peters, and Levin, unfortunately, our friends to the north have failed to address our many concerns with the proposed construction.
This site, less than a half mile from Lake Huron, would include the disposal of nuclear waste that will remain radioactive for 100,000 years. Astonishingly, Ontario Power Generation has failed to consider a single site in all of Canada for this nuclear waste dump other than the Bruce Nuclear Power Plant site, so close to our precious Great Lakes. It is important to note the proposed facility would never be permitted under Michigan law, which strictly prohibits the underground disposal of nuclear waste; a fact that has been misrepresented in Canada. While the proponents like to claim that the radioactive material intended for the site is only mildly hazardous, mops and rags, the highly radioactive material nature of the intermediate waste planned for this site, which can include everything but spent fuel rods, is obvious. Even worse, the water‑soluble limestone in which it would be buried is completely untested and unproven anywhere in the world for burying nuclear waste. This method is so uncertain that not a single scientist or geologist can guarantee this nuclear dump will not contaminate the Great Lakes.
Some will ask: If the project is so hazardous, why did municipalities that will host the site support it? Follow the money trail, and you will find that the hosting agreement includes nearly $36 million in payments to communities for their support. If that doesn’t constitute a biased position, I’m not sure what does.
In August, State Representative Sarah Roberts, a panel of experts, and I hosted a town hall to discuss the repository. The event drew a standing-room-only crowd of Michigan’s concerned citizens. For the most part, our citizens have been robbed of the opportunity to weigh in on this issue, as OPG has continually failed to adequately inform Michigan residents about this proposal which affects us so deeply. I recently presented these and other growing concerns about the project to the Canadian joint review panel that has been holding hearings on the project.
Over the course of these hearings, it has become clear, through OPG’s own admissions, that the proposed construction has a much larger scope than what was originally detailed in their environmental impact statement, with the potential for highly radioactive waste at the site. Despite appeals to do so, neither OPG nor the joint review panel will confirm that all highly radioactive waste is prohibited.
Now that the hearings have come to the end, I’m more certain than ever that this project is harmful to both the United States and Canada. With disapproval growing every day, more than 40,000 people from around the globe have signed the petition— stopthegreatlakesnucleardump.com —opposing this project. Eighteen cities and counties on both sides of the lake are officially opposed, as is the Great Lakes and St. Lawrence Cities Initiative. We now have formal opposition from more than 15 organizations across our state, including the Michigan Agri-Business Association, the Michigan Boating Industries Association, the MUCC, and the National Wildlife Federation.
The potentially devastating impact that radioactive waste could have in Michigan, its economy, its drinking water, and its fishing, boating, recreation, tourism, and agriculture industries is unthinkable. It is of the utmost importance that each and every one of us does everything in our power to prevent this project from coming to fruition. As Michiganders, the condition of the Great Lakes affects all of our lives and our livelihoods, and I ask that my colleagues join me in fighting to protect them.
Senator Warren’s statement is as follows:
Many of my colleagues know this because they saw the co‑sponsorship memo I had for the resolution that was on my desk today, but today marks the 50th anniversary of the signing of the Community Mental Health Act. This act was signed into law on October 31, 1963, by President John F. Kennedy, just one month before his death. The Community Mental Health Act symbolized a new era in delivering care to millions of Americans in need. This act led to the establishment of comprehensive community mental health centers throughout our country, which allowed individuals with developmental disabilities and mental illness, who had been institutionalized, to move back into their communities.
Michigan was one of the first states in the nation to begin this shift from institutionalization to community-based care. Studies show community-based mental health care facilities remain the best choice for individuals when compared to the option of institutionalization. Mental illness knows no boundaries. It does not discriminate. It can affect people of any age, religion, or income level. We must continue to build on the work that has been done here in Michigan to strengthen awareness, and advocate for sound policies to support these individuals and their families within our communities.
It has been 50 years, and we have a success story, but there is plenty of work to be done. It has been my honor to be appointed to the Governor’s Mental Health and Wellness Commission. I hope in the days ahead that we will have new policies to bring us forward into the next 50 years.
Committee Reports
The Committee on Reforms, Restructuring and Reinventing reported
Senate Bill No. 575, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16231 and 16232 (MCL 333.16231 and 333.16232), section 16231 as amended by 2010 PA 382 and section 16232 as amended by 1993 PA 79, and by adding section 16216a.
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: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Reforms, Restructuring and Reinventing reported
Senate Bill No. 576, entitled
A bill to establish supplemental conflict of interest standards for members of regulatory bodies in the department of licensing and regulatory affairs; to require disclosure of certain interests; to provide grounds for removal of members of regulatory bodies; to provide a process for raising and determining possible conflicts of interest; and to provide for voiding certain actions taken in violation of this act.
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: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Reforms, Restructuring and Reinventing reported
Senate Bill No. 577, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221, 16222, 16226, and 16227 (MCL 333.16221, 333.16222, 333.16226, and 333.16227), section 16221 as amended by 2012 PA 501, section 16222 as added and section 16227 as amended by 1993 PA 79, and section 16226 as amended by 2012 PA 499.
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, Robertson and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Reforms, Restructuring and Reinventing reported
Senate Bill No. 578, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16216 (MCL 333.16216), as added by 1993 PA 87.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Mark C. Jansen
Chairperson
To Report Out:
Yeas: Senators Jansen, Colbeck, Casperson, Kowall, Robertson and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Reforms, Restructuring and Reinventing submitted the following:
Meeting held on Wednesday, October 30, 2013, at 12:30 p.m., Room 210, Farnum Building
Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson and Warren
Excused: Senator Young
The Committee on Finance reported
Senate Bill No. 532, 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 524.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 562, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 87b (MCL 211.87b), as amended by 2002 PA 198.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Finance reported
Senate Bill No. 622, entitled
A bill to amend 2012 PA 474, entitled “An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 3a, 4, and 4o (MCL 205.93a, 205.94, and 205.94o), section 3a as amended by 2012 PA 299, section 4 as amended by 2008 PA 314, and section 4o as amended by 2010 PA 115,” by amending enacting section 1.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos and Robertson
Nays: Senators Bieda and Warren
The bill was referred to the Committee of the Whole.
The Committee on Finance reported
House Bill No. 4121, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7ll.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Jack M. Brandenburg
Chairperson
To Report Out:
Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson and Bieda
Nays: Senator Warren
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Finance submitted the following:
Meeting held on Wednesday, October 30, 2013, at 12:30 p.m., Room 210, Farnum Building
Present: Senators Brandenburg (C), Jansen, Pappageorge, Proos, Robertson, Bieda and Warren
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Wednesday, October 30, 2013, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Pavlov (C), Emmons, Colbeck and Hopgood
Excused: Senator Young
Scheduled Meetings
Appropriations -
Subcommittees -
Human Services Department - Tuesdays, November 5 (CANCELED) and November 12, 2:00 p.m., Room 405, Capitol Building (373-2768)
State Police and Military Affairs - Thursday, November 7, 1:30 p.m., Rooms 402 and 403, Capitol Building (373-2768)
Families, Seniors and Human Services - Tuesday, November 12, and Wednesday, November 13, 3:00 p.m., Room 210, Farnum Building (373-5323)
Insurance - Tuesday, November 5, 2:30 p.m., Room 100, Farnum Building (373-5323)
Legislative Council - Thursday, November 7, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 11:00 a.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, November 5, 2013, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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