No. 8

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Tuesday, February 5, 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.

Anderson—present Hopgood—present Pappageorge—present

Bieda—present Hune—present Pavlov—present

Booher—present Hunter—present Proos—present

Brandenburg—present Jansen—present Richardville—present

Casperson—present Johnson—present Robertson—present

Caswell—present Jones—present Rocca—present

Colbeck—present Kahn—present Schuitmaker—present

Emmons—present Kowall—present Smith—present

Green—present Marleau—present Walker—present

Gregory—present Meekhof—present Warren—present

Hansen—present Moolenaar—present Whitmer—excused

Hildenbrand—present Nofs—present Young—present

Hood—present

Major Mike Myers of the Salvation Army of Bay City offered the following invocation:

Heavenly Father, we thank You for today. We thank You, Lord, because You are a wonderful God—a God who listens, cares, and provides. Lord, we just ask for wisdom and direction for the men and women of this Senate as they come, talk, and discuss; for each and every one of them, Lord, that You would guide and help them.

Lord, be with us as a house as we represent the state of Michigan, but most of all, we represent You. We ask this all in Your name. Amen.

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

Motions and Communications

Senators Brandenburg and Kahn entered the Senate chamber.

Senator Hunter moved that Senator Whitmer be excused from today’s session.

The motion prevailed.

The following communication was received:

Department of State Police

January 31, 2013

On behalf of the Board of Directors and staff of the Michigan Automobile Theft Prevention Authority (ATPA), it is a pleasure to present our 2012 Annual Report, which shows auto thefts declined by 6.8 percent in 2011. Furthermore, since the inception of the ATPA in 1986, Michigan’s auto thefts have fallen from 72,021 to 25,048 per year, a decline of 65.2 percent.

ATPA’s success in the battle against auto theft is the direct result of the dedication and efforts of the 110 men and women who are part of the law enforcement teams, prosecutors’ teams, and community programs funded through ATPA. These highly-motivated individuals often go above and beyond the call of duty to recover a stolen vehicle or to arrest those responsible. As you read the case stories contained in this report, you will find many instances where our grantees worked collaboratively to solve these crimes.

The highlights of the report are as follows:

• Michigan motorists are saving $49 per insured vehicle as a result of lower thefts.

• In 2012, ATPA teams made 2,701 arrests, and were involved in the recovery of 4,196 stolen vehicles and parts, with an estimated value of $34 million.

• Since its inception in 1986, the program has resulted in a total of 60,501 arrests and recovered 83,010 vehicles and parts worth an estimated $715 million.

• In 2012, the return on investment for ATPA funds was $6.40 for every $1 spent.

I also want to thank the 47 agencies receiving ATPA grant funding. These agencies continue to make auto theft prevention a high priority. Without the steadfast commitment of local, county, and state participants in this program, we would not be successful in reducing auto thefts in Michigan.

Sincerely,

Kriste Etue

Director

The communication was referred to the Secretary for record.

The following communications were received:

Public Service Commission

February 1, 2013

The enclosed annual report, Status of Competition for Video Services in Michigan, is submitted on behalf of the Michigan Public Service Commission (Commission) in accordance with Section 12(2) of the Uniform Video Services Local Franchise Act (2006 PA 480, the Act). This report will be made available on the Commission’s website at michigan.gov/mpsc . The purpose of this report is to describe the status of competition for video/cable services in Michigan. This report also details Commission activities for 2012 and provides an overview of the survey responses from franchise entities and video/cable service providers.

There are now 47 cable providers offering service to 2.3 million video/cable customers in Michigan. In 2008 only 39 providers were offering service to 2.3 million customers. Such growth in the amount of providers offering service is an encouraging sign that competition in the video/cable market is increasing in Michigan. Providers are continuing to report more competition in their franchise areas and one new cable provider entered the market in 2012. Over the course of the 2012 calendar year, video/cable providers reported they have invested $380,064,130 into the Michigan market.

It is important to understand that video/cable competition and the entrance of new providers will continue to take time to develop fully. Similar to previous reports, it is noted that the Act does not cover satellite providers and as such this report does not include information on satellite providers which are viewed as a competitor to video/cable service providers.

The Commission also provides recommendations for legislative revisions pursuant to Section 12(2) of 2006 PA 480 to help improve the Commission’s ability to more effectively implement provisions of the Act. The Commission will continue to monitor the status of video/cable services competition in Michigan, which includes receiving and analyzing information from both franchise entities and video/cable service providers throughout Michigan. The Commission will also continue to assist individual customers, franchise entities, and providers with their questions and/or complaints. Finally, the Commission will inform the Governor and Legislature of any future developments and make the appropriate recommendations for needed legislation.

February 1, 2013

The enclosed annual report for 2012, Status of Electric Competition in Michigan, is submitted on behalf of the Michigan Public Service Commission in accordance with Section 10u of 2000 PA 141, MCL 460.10u, and represents the eleventh year of electric choice in Michigan. The report is available on the Commission’s website.

As of December 2012, Consumers Energy had just over 1,000 customers participating in the electric choice program and Detroit Edison had over 5,500 choice customers participating. The electric choice programs for both companies were fully subscribed at the 10 percent cap throughout the year. During 2012 customers began taking choice service in the Indiana Michigan Power Company and Upper Peninsula Power Company territories. As of December 2012, Indiana Michigan Power Company had over 120 customers participating in the electric choice program and Upper Peninsula Power Company had four customers participating.

To date, Michigan remains one of 16 jurisdictions that had full or limited restructuring of the competitive electric market. Benchmark information comparing Michigan’s electric retail rates versus the 16 restructured jurisdictions, 10 largest states, Midwest states and the national average can be found in Section I (D) of this report.

In 2012, the Commission issued multiple orders that adhere to the established framework for Michigan’s electric customer choice programs and support the provisions of Public Act 141 of 2000 and Public Acts 286 and 295 of 2008.

Highlights of the report include:

• Choice Participation Data in Michigan

• Utility Specific 10 percent Cap Data

• Benchmark Data for Michigan’s Regulated Rates.

Statutory changes and policy decisions with respect to electric customer choice can have complex ramifications for the citizens and economy of Michigan. The Commission remains committed to working with legislative members and staff to help ensure that the best possible public policy for Michigan is achieved.

Sincerely,

John D. Quackenbush

Chairman

Orjiakor N. Isiogu

Commissioner

Greg R. White

Commissioner

The communications were referred to the Secretary for record.

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. 65

Senate Bill No. 89

Senate Bill No. 90

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 Pavlov 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 10:05 a.m.

10:12 a.m.

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

During the recess, Senator Pavlov introduced the St. Clair High School Cross Country Team, 2012 MHSAA Division II State Champions, and Coach Jon Davidson; and presented them with a Special Tribute.

Coach Davidson responded briefly.

The Secretary announced that the following bills and joint resolutions were printed and filed on Thursday, January 31, and are available at the Michigan Legislature website:

Senate Bill Nos. 84 85 86 87 88 109 110 111 112 113 114 115 116 117

118 119 120 121 122 123 124

Senate Joint Resolutions J K

House Bill Nos. 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145

4146 4147 4148

House Joint Resolutions D E

The Secretary announced that the following bills and joint resolution were printed and filed on Friday, February 1, and are available at the Michigan Legislature website:

Senate Bill Nos. 125 126 127 128 129 130 131 132 133 134 135 136

Senate Joint Resolution L

House Bill Nos. 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162

4163 4164 4165 4166 4167

Messages from the Governor

The following messages from the Governor were received and read:

January 18, 2013

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

Board of Cosmetology

Angela K. Haley of 2716 Greenfield Road, Berkley, Michigan 48072, county of Oakland, representing cosmetologist instructors, succeeding Gail Livingston-Scott, is appointed for a term expiring December 31, 2016.

Danielle J. Sneller of 6549 Creekwood Drive, Holland, Michigan 49423, county of Allegan, representing cosmetologists, succeeding Lydia Griffin, is appointed for a term expiring December 31, 2016.

Marcie M. Otteman of 1405 E. Bennett Court, Mount Pleasant, Michigan 48858, county of Isabella, representing the general public, succeeding Kristina Atkins, is appointed for a term expiring December 31, 2016.

January 28, 2013

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

State Board of Ethics

Thomas C. Phillips of 205 Samuel Oaks Drive, Okemos, Michigan 48864, county of Ingham, an Independent, succeeding Milo Mike Plumford, is appointed for a term expiring February 7, 2013.

January 31, 2013

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

Emergency Financial Manager - City of Benton Harbor

Tony R. Saunders of 429 East Ferry, Unit 9, Detroit, Michigan 48202, county of Wayne, succeeding Joseph L. Harris, is appointed to serve effective February 1, 2013.

January 31, 2013

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

Director - Michigan Department of Licensing and Regulatory Affairs

Steven D. Arwood of 5665 S. Forrest Road, St. Johns, Michigan 48879, county of Clinton, is appointed for a term expiring at the pleasure of the Governor.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

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 Jansen as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 65, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2012 PA 217.

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.

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

Senate Bill No. 89, 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.

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. 90, 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.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No. 7, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2133 (MCL 324.2133), as added by 1995 PA 60.

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. 8 Yeas—35

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 Young

Green Johnson Pavlov

Nays—1

Warren

Excused—1

Whitmer

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. 8, entitled

A bill to amend 1963 PA 247, entitled “An act to define the term “newspaper” as used in the statutes of this state regarding publication of notices,” by amending section 1 (MCL 691.1051); 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. 9 Yeas—35

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 Young

Green Johnson Pavlov

Nays—1

Warren

Excused—1

Whitmer

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Resolutions

Senators Pappageorge, Booher, Nofs, Green, Proos, Colbeck, Jones, Brandenburg and Kahn offered the following resolution:

Senate Resolution No. 13.

A resolution to recognize The Michigan World War II Legacy Memorial as the state’s official tribute to Michigan’s contributions during the Second World War.

Whereas, The effects of World War II were momentous, from the halt of tyranny that threatened the existence of freedom, the ushering in of the Atomic Age, and the redrawing of international borders to the baby-boomer generation, the G.I. Bill, the changing role of women, and civil rights advances; and

Whereas, When it comes to World War II, Michigan has an important history to share with more than 600,000 residents serving in the armed forces and countless others serving on the home front where Rosie the Riveter and the Arsenal of Democracy were born; and

Whereas, From the factories to the fields, Michigan supplied the war effort with everything from guns, tanks, bombers, planes, and ships to livestock, crops, and K-rations; and

Whereas, The Michigan World War II Legacy Memorial will provide a year-round, multi-purpose destination that will encourage visitors to commemorate those who served and celebrate our freedoms; and

Whereas, The Michigan World War II Legacy Memorial fosters an environment that will attract visitors of all ages to explore and learn and serve as an inspiration for future generations, reminding us all of the remarkable patriotism, sacrifices, and extraordinary devotion to liberty that helped save the world from fascism; and

Whereas, After flying nearly 1,400 Michigan WWII veterans to Washington, D.C., free of charge, to see the National WWII Memorial, Honor Flight Michigan Legacy, a 501(c)(3) nonprofit organization, is proud to take on the new mission of leading the effort to bring The Michigan WWII Legacy Memorial to life; and

Whereas, Honor Flight Michigan Legacy is working with professional historians, educators, architects, designers, and artists to build this memorial; and

Whereas, Michigan military organizations, including the Veterans of Foreign Wars, The American Legion, and Jewish War Veterans enthusiastically support The Michigan World War II Legacy Memorial; and

Whereas, The Michigan World War II Legacy Memorial will reside in Memorial Park in the city of Royal Oak, Michigan, in a location dedicated to the memory of those who served in WWII; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize The Michigan World War II Legacy Memorial as the state’s official tribute to Michigan’s contributions during the Second World War.

Pending the order that, under rule 3.204, the 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 resolution was adopted.

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.

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

The motion prevailed.

Senator Pappageorge’s statement is as follows:

Before you today is Senate Resolution No. 13 which recognizes The Michigan World War II Legacy Memorial as the state’s official tribute to Michigan’s contributions to the Second World War. During World War II, Michigan had over 600,000 residents serving in our armed forces and countless others serving on the home front.

The Michigan World War II Legacy Memorial will reside in Memorial Park in the city of Royal Oak. The memorial is being built by a nonprofit organization called Honor Flight Michigan. For those of you who are not familiar with Honor Flight Michigan, they fly, free of charge, World War II veterans from Michigan to Washington, D.C., so that veterans can see the National World War II Memorial. It is a very moving thing to participate in those flights. Honor Flight Michigan has flown nearly 1,400 of our World War II veterans to date.

I have two guests from Honor Flight Michigan who are here today to see the adoption of our resolution. Their names are Debi Hollis and Russell Levine, and they are seated in the east Gallery. Before we vote, I would ask that we recognize their presence.

Introduction and Referral of Bills

Senator Jansen introduced

Senate Bill No. 137, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3407c.

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

Senator Jansen introduced

Senate Bill No. 138, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 402d.

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

Senator Jansen introduced

Senate Bill No. 139, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16240 and 20195.

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

Senators Smith and Gregory introduced

Senate Bill No. 140, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 64a.

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

Senators Gregory, Smith, Bieda, Johnson, Hopgood, Anderson, Young and Hunter introduced

Senate Bill No. 141, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 27d.

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

Senators Proos, Pappageorge, Colbeck, Nofs, Green, Brandenburg, Robertson, Marleau, Jansen and Hildenbrand introduced

Senate Bill No. 142, entitled

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

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

Senators Pappageorge, Proos, Colbeck, Nofs, Green, Brandenburg, Robertson, Marleau, Jansen and Hildenbrand introduced

Senate Bill No. 143, entitled

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

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

Senators Anderson, Pappageorge, Jones, Bieda, Nofs, Kowall, Hopgood, Caswell, Colbeck, Hood, Gregory, Proos, Hunter, Young, Smith, Whitmer, Jansen and Moolenaar introduced

Senate Bill No. 144, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 609, 614, and 618 (MCL 330.1609, 330.1614, and 330.1618).

The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services.

Senators Johnson, Anderson, Gregory, Bieda, Hopgood, Young, Hunter and Warren introduced

Senate Bill No. 145, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597.

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

Senator Young introduced

Senate Bill No. 146, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2010 PA 136.

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

Senator Kahn introduced

Senate Bill No. 147, entitled

A bill to repeal 1980 PA 119, entitled “Motor carrier fuel tax act,” (MCL 207.211 to 207.234).

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

Senator Kahn introduced

Senate Bill No. 148, entitled

A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 2 and 6a (MCL 207.212 and 207.216a), section 2 as amended by 2006 PA 346 and section 6a as added by 1996 PA 584.

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

Senator Kahn introduced

Senate Bill No. 149, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2007 PA 210.

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

Senators Pappageorge, Jones, Warren, Hopgood, Marleau, Booher, Anderson and Kowall introduced

Senate Bill No. 150, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.

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

Senators Warren, Jones, Pappageorge, Hopgood, Marleau, Booher, Anderson and Kowall introduced

Senate Bill No. 151, entitled

A bill to establish the Michigan Alzheimer’s association fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

Senators Pappageorge, Nofs, Jones, Hopgood, Marleau, Anderson, Kowall and Bieda introduced

Senate Bill No. 152, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811v.

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

Statements

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

The motion prevailed.

Senator Hunter’s statement is as follows:

Colleagues, these comments are in memory of a great public servant, Dr. Arthur Carter III. Dr. Carter passed this past Friday, February 1, at 72 years of age. He was a native Detroiter and graduate of Eastern High School. He earned all of his degrees from Wayne State University, including a bachelor’s degree in special education in 1962, a master’s degree in counseling in 1964, and a doctorate in counseling and education in 1971.

He was also a longtime educator. He had 37 years with the Detroit Public Schools as deputy superintendent, as well as the lobbyist for the school district. He was the former dean of students at Wayne County Community College and was also on the commission that created the Detroit African-centered academies and the African Heritage Cultural Center in Detroit.

He was the superintendent for Highland Park Schools and director of Wayne County’s Department of Children and Family Services, as well as the owner of Sankore Immersion Academy. He was the former chairman of the Wayne County Commission, as well as the founder and chancellor of the Wolverine Campus Project.

Dr. Carter is survived by his wife Karen; three sons John, Malcolm, and Arthur; and his daughter Shela; as well as five grandchildren and two great-grandchildren.

It’s with sadness and a heavy heart that I rise to offer these comments because Dr. Carter was quite an accomplished man, as you can tell from this short review of his resume. He was a very fine human being, a family man, and a dedicated public servant in Detroit and Wayne County. I know I’m not alone in expressing my heartfelt gratitude for his great work and accomplishments. I’m sure I’m joined by the Detroit delegation as well as the Wayne County delegation.

I wanted to just take this opportunity to share these comments with you all because no matter our differences politically and otherwise, we’re all public servants. I’m sure we can all appreciate the work of this great public servant and the contributions he’s made to Detroit, Wayne County, and this state.

A moment of silence was observed in memory of Dr. Arthur Carter III, Detroit educator, Wayne County commissioner, and community philanthropist.

Committee Reports

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 51, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as added by 2006 PA 378.

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, Meekhof, Warren and Hood

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. 52, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2012 PA 47.

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.

Thomas A. Casperson

Chairperson

To Report Out:

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

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. 53, entitled

A bill to amend 2006 PA 379, entitled “Qualified forest property recapture tax act,” by amending section 4 (MCL 211.1034).

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, Meekhof, Warren and Hood

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. 54, 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 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, Meekhof, Warren and Hood

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. 55, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7dd (MCL 211.7dd), as amended by 2012 PA 324.

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, Meekhof, Warren and Hood

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. 56, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 9301, 9302, 9304, 9307, 9308, and 9310 (MCL 324.9301, 324.9302, 324.9304, 324.9307, 324.9308, and 324.9310), sections 9301, 9302, 9304, 9308, and 9310 as amended by 1998 PA 463 and section 9307 as amended by 2004 PA 439, and by adding sections 51301, 51302, 51305, and 51306; and to repeal acts and parts of acts.

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, Meekhof, Warren and Hood

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. 57, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8703, 8707, 8708, and 8709 (MCL 324.8703, 324.8707, 324.8708, and 324.8709), as amended by 2011 PA 2.

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, Meekhof, Warren and Hood

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. 58, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 50301 and 50302 (MCL 324.50301 and 324.50302), as added by 1995 PA 57.

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, Meekhof, Warren and Hood

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. 59, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 51102, 51103, 51108, 51113, and 51115 (MCL 324.51102, 324.51103, 324.51108, 324.51113, and 324.51115), sections 51102 and 51115 as added by 1995 PA 57, sections 51103 and 51113 as amended by 2006 PA 383, and section 51108 as amended by 2012 PA 248.

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, Meekhof, Warren and Hood

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 Natural Resources, Environment and Great Lakes submitted the following:

Meeting held on Thursday, January 31, 2013, at 9:00 a.m., Room 210, Farnum Building

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

The Committee on Agriculture reported

Senate Bill No. 48, entitled

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

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons and Hansen

Nays: Senator Smith

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Meeting held on Thursday, January 31, 2013, at 9:00 a.m., Room 110, Farnum Building

Present: Senators Hune (C), Booher, Emmons, Hansen and Smith

The Committee on Finance reported

Senate Bill No. 65, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 703 (MCL 206.703), as amended by 2012 PA 217.

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.

Jack M. Brandenburg

Chairperson

To Report Out:

Yeas: Senators Brandenburg, Jansen, Pappageorge, Proos, Robertson and Bieda

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. 89, 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.

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 and Bieda

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. 90, 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.

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 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 Finance submitted the following:

Meeting held on Wednesday, January 30, 2013, at 12:30 p.m., Room 210, Farnum Building

Present: Senators Brandenburg (C), Jansen, Pappageorge, Proos, Robertson and Bieda

Excused: Senator Warren

COMMITTEE ATTENDANCE REPORT

The Committee on Banking and Financial Institutions submitted the following:

Meeting held on Thursday, January 31, 2013, at 1:30 p.m., Room 100, Farnum Building

Present: Senators Booher (C), Nofs, Green, Marleau and Smith

Absent: Senators Rocca and Hunter

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Licensing and Regulatory Affairs submitted the following:

Meeting held on Thursday, January 31, 2013, at 1:30 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Jansen (C) and Proos

Excused: Senator Johnson

Scheduled Meetings

Appropriations - Wednesday, February 6, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)

Subcommittees -

Agriculture and Rural Development - Tuesday, February 12, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Higher Education and House Higher Education Appropriations Subcommittee - Wednesday, February 13, 3:15 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Human Services Department - Thursday, February 14, 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower; and Tuesday, February 19, 2:00 p.m., Room 405, Capitol Building (373-2768)

K-12, School Aid, Education - Wednesday, February 13, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Licensing and Regulatory Affairs Department - Thursday, February 7, 1:30 p.m., Rooms 402 and 403, Capitol Building; Thursday, February 14, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

State Police and Military Affairs - Thursdays, February 14, February 21, February 28, and March 7, 3:00 p.m., Room 405, Capitol Building (373-2768)

Appropriations and House Appropriations - Thursday, February 7, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1760)

Natural Resources, Environment and Great Lakes - Thursday, February 7, 9:00 a.m., Room 210, Farnum Building (373-5323)

Outdoor Recreation and Tourism - Thursday, February 7, 12:30 p.m., Room 210, Farnum Building (373-5323)

Reforms, Restructuring and Reinventing - Wednesday, February 6, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5307)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 10:34 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, February 6, 2013, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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