No. 12

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Wednesday, February 13, 2013.

10:00 a.m.

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

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

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—excused Meekhof—present Warren—present

Hansen—present Moolenaar—present Whitmer—present

Hildenbrand—present Nofs—present Young—present

Hood—present

Pastor Nick Ramsey of Church of the Living God of Detroit offered the following invocation:

Let us pray the prayer that Jesus left on record, found in Matthew 6:9-13:

“Our Father which art in heaven, Hallowed be thy name.

Thy kingdom come. Thy will be done in earth, as it is in heaven.

Give us this day our daily bread.

And forgive us of our debts, as we forgive our debtors.

And lead us not into temptation, but deliver us from evil: For thine is the kingdom, and the power, and the glory, for ever. Amen.”

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

Senator Meekhof moved that Senators Brandenburg and Richardville be temporarily excused from today’s session.

The motion prevailed.

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.

The Secretary announced that the following bills were printed and filed on Tuesday, February 12, and are available at the Michigan Legislature website:

Senate Bill Nos. 171 172 173 174 175 176 177 178 179

Messages from the Governor

The following message from the Governor was received on February 12, 2013, and read:

EXECUTIVE ORDER

No. 2013-4

Governor’s Task Force on Child Abuse and Neglect

Department of Human Services

Rescission of

Executive Order 2010-18

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

WHEREAS, Section 107 of the federal Child Abuse Prevention and Treatment Act, as amended by the federal Keeping Children and Families Safe Act of 2003, Public Law 108-36, 42 USC 5106c, authorizes grants to states for the purpose of assisting states in developing, establishing, and operating programs designed to improve: (1) the handling of child abuse and neglect cases, particularly cases of child sexual abuse and exploitation, in a manner that limits additional trauma to the child victim; (2) the handling of cases of suspected child abuse - or neglect-related fatalities; (3) the investigation and prosecution of cases of child abuse and neglect, particularly child sexual abuse and exploitation; and (4) the handling of cases involving children with disabilities or serious health-related problems who are victims of abuse or neglect; and

WHEREAS, to qualify for grants to states under Section 107 of the federal Child Abuse Prevention and Treatment Act, a state must establish or designate and maintain a multidisciplinary task force on children’s justice; and

WHEREAS, Executive Order 1991-38 created the Governor’s Task Force on Children’s Justice within the Executive Office and was amended by Executive Order 1993-8; and

WHEREAS, Executive Order 2010-18 rescinded Executive Orders 1991-38 and 1993-8 and established the Governor’s Task Force on Child Abuse and Neglect within the Department of Human Services (“Department”); and

WHEREAS, because this state remains committed to continual improvement in the handling of child abuse and neglect cases and to securing federal funding for such efforts, it is appropriate to refocus the activities of the Governor’s Task Force on Child Abuse and Neglect established by Executive Order 2010-18 through a newly focused Governor’s Task Force on Child Abuse and Neglect; and

WHEREAS, decreasing the membership of the Governor’s Task Force on Child Abuse and Neglect will ensure efficient administration and effectiveness of government;

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

I. RECISSION OF EXECUTIVE ORDER

Executive Order 2010-18 is rescinded.

II. CREATION OF THE TASK FORCE

A. The Governor’s Task Force on Child Abuse and Neglect (“Task Force”) is established within the Department of Human Services.

B. The Task Force is designated as the multidisciplinary task force for this state for purposes of Section 107(c) of the federal Child Abuse Prevention and Treatment Act, 42 USC 5106c(c).

C. The Task Force shall consist of 18 members appointed by the Governor and shall be composed of professionals with knowledge and experience relating to the criminal justice system and issues of child physical abuse, child neglect, child sexual abuse and exploitation, and child maltreatment-related fatalities. Membership shall include the Director of the Department of Human Services, or his or her designee, and shall include all of the following:

1. Individuals representing the law enforcement community.

2. Judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect, including individuals involved with the defense and the prosecution of child abuse and neglect cases.

3. Child advocates, including both attorneys for children or court appointed special advocates.

4. Health and mental health professionals.

5. Individuals representing child protective services agencies.

6. Parents, including, but not limited to, parents experienced in working with children with disabilities.

7. Individuals representing parents’ groups.

D. Of the members of the Task Force appointed under Section II. C., one-third of the members shall be appointed for a term expiring on December 31, 2013; one-third of the members shall be appointed for a term expiring on December 31, 2014; and one-third of the members shall be appointed for a term expiring on December 31, 2015. After the initial appointments, members of the Task Force shall be appointed for terms of three years.

E. A vacancy on the Task Force occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A member of the Task Force may be reappointed for subsequent additional terms.

F. The Governor shall designate a member of the Task Force to serve as Chairperson of the Task Force. The Chairperson of the Task Force shall appoint a member of the Task Force to serve as Vice-Chairperson at the pleasure of the Chairperson.

G. The Chairperson may establish and disband committees consisting of members of the Task Force as deemed necessary.

H. Members who attend less than 66% of the scheduled meetings in any calendar year shall be considered to have vacated their appointment. Upon notification, the Governor shall fill the vacancy in the same manner as the original appointment.

III. CHARGE TO THE TASK FORCE

A. At least once every 3 years, the Task Force shall comprehensively review and evaluate state investigative and administrative handling, civil judicial handling, and criminal judicial handling of all of the following:

1. Cases of child abuse and neglect, particularly child sexual abuse and exploitation.

2. Cases involving suspected child maltreatment-related fatalities.

3. Cases of child abuse and neglect involving a potential combination of jurisdictions, including, but not limited to, interstate, federal-state, and state-tribal.

B. At least once every 3 years, the Task Force shall comprehensively make policy and training recommendations to the Governor, the Michigan Supreme Court, and the Michigan Legislature in each of the following categories:

1. Investigative, administrative, and judicial handing of all of the following in a manner that reduces any additional trauma to a child victim and the victim’s family and that also ensures procedural fairness to the accused:

a. Cases of child abuse and neglect, particularly child sexual abuse and exploitation.

b. Cases involving suspected child maltreatment-related fatalities.

c. Cases of child abuse and neglect involving a potential combination of jurisdictions, including, but not limited to, interstate, federal-state, and state-tribal.

2. Experimental, model, and demonstration programs for testing innovative approaches and techniques that improve the prompt and successful resolution of civil and criminal court proceedings or enhance the effectiveness of judicial and administrative action in child abuse and neglect cases, particularly child sexual abuse and exploitation cases, including the enhancement of the performance of court-appointed attorneys and guardians ad litem for children, and that also ensure procedural fairness to the accused.

3. Reform of state laws, ordinances, regulations, protocols, procedures, and rules to provide comprehensive protection for children from abuse, particularly child sexual abuse and exploitation, while ensuring fairness to all affected persons.

C. The Task Force shall function as a statewide coordinating council to oversee the implementation of recommendations of the Task Force under Section III. B. Acting as the statewide coordinating council, the Task Force shall develop both of the following:

1. Model statewide protocols adaptable to local needs.

2. A statewide comprehensive initiative to disseminate and encourage the proper use of protocols and to educate the public about child abuse and neglect, particularly child sexual abuse and exploitation.

D. The Task Force shall make other recommendations relating to child abuse and neglect to the Governor, the Michigan Supreme Court, and the Michigan Legislature that the Task Force considers relevant and useful.

E. The Task Force shall coordinate with the Task Force on the Prevention of Sexual Abuse of Children created by 2012 P.A. 593.

F. The Task Force shall perform other functions related to the Task Force’s duties as requested by the Governor.

IV. OPERATIONS OF THE TASK FORCE

A. The Task Force shall be staffed and assisted by personnel from the Department, subject to available funding. Any budgeting, procurement, or related management functions of the Task Force shall be performed under the direction and supervision of the Director of the Department and the Chairperson of the Task Force.

B. The Task Force shall adopt procedures consistent with applicable law and this Order governing its organization and operations.

C. A majority of the members serving shall constitute a quorum for the transaction of the Task Force’s business. The Task Force shall act by a majority vote of its members in attendance.

D. The Task Force shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Task Force.

E. The Task Force may establish subcommittees of Task Force members and advisory workgroups composed of public officers, public employees, or members of the public who are not members of the Task Force. The Task Force may adopt, reject, or modify any recommendations proposed by a subcommittee or an advisory workgroup.

F. The Task Force may, as appropriate, make inquiries, conduct studies or investigations, hold hearings, and receive comments from the public. The Task Force also may consult with outside experts in order to perform its duties including, but not limited to, experts in the private sector, organized labor, government agencies, tribal governments, and at institutions of higher education.

G. Members of the Task Force shall serve without compensation. Members of the Task Force may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.

H. The Task Force may hire or retain contractors, subcontractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Task Force and the performance of its duties, in accordance with this Order, and the relevant statutes, rules, and procedures of the Michigan Civil Service Commission and the Department of Technology, Management, and Budget, subject to available funding.

I. The Task Force may accept donations of labor, services, or other things of value from any public or private agency or person.

J. Members of the Task Force shall refer all legal, legislative, and media contacts to the Department.

V. MISCELLANEOUS

A. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order.

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

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 12th day of February, in the year of our Lord, two thousand and thirteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

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

The following message from the Governor was received on February 12, 2013, and read:

EXECUTIVE ORDER

No. 2013-5

Creation of the

Michigan State Council for Interstate Juvenile Supervision

WHEREAS, the supervision and tracking of juvenile delinquents across state lines is necessary to provide for the welfare and protection of juveniles and of the public; and

WHEREAS, Congress, by enacting the Crime Control Act, 4 U.S.C. Sec. 112 (1965), authorized and encouraged states to enter into compacts for cooperative efforts and mutual assistance in the prevention of crime; and

WHEREAS, the Interstate Compact for Juveniles empowers states to regulate juveniles’ interstate movement, to provide proper supervision or return of juveniles, delinquents, or status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control, and in doing so have endangered their own safety and the safety of others; and

WHEREAS, Michigan is a party to the Interstate Compact for Juveniles, and the Compact requires Michigan to create a State Council;

I. DEFINITIONS

As used herein:

A. “Council” means the Michigan State Council for Interstate Juveniles Supervision established by this Order.

B. “Department of Human Services” means the principal department of state government created by 1965 P.A. 380, MCL 16.550.

C. “Interstate Commission” means the entity created by the Interstate Compact for Juveniles.

D. “Interstate Compact for Juveniles” means the compact entered into by the state of Michigan pursuant to 2003 P.A. 56, MCL 3.691-692.

II. MICHIGAN STATE COUNCIL FOR INTERSTATE JUVENILE SUPERVISION

A. The Michigan State Council for Interstate Juvenile Supervision is hereby created as an advisory body pursuant to 2003 P.A. 56, MCL 3.691 - 692, within the Department of Human Services.

B. The Council shall consist of five (5) members as follows:

1. A representative of the legislature selected by the Legislative Council;

2. A representative of the judiciary appointed by the Governor;

3. A representative of the executive branch appointed by the Governor;

4. A representative of crime victims appointed by the Governor; and

5. The compact administrator appointed by the Governor.

C. Appointees shall hold office for a term of four (4) years. However, of the appointees initially appointed, the Governor shall designate two (2) of the Governor’s appointees to serve a term of one (1) year and two (2) to serve a term three (3) years, and the representative of the legislature shall serve a term of two (2) years.

D. A vacancy on the council caused by the expiration of a term or by any other cause of termination of membership on the council shall be filled in the same manner as the original appointment.

E. An appointee appointed to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the appointee who he or she is to succeed in the same manner as the original appointment. An appointee may be reappointed for additional terms.

III. CHARGE TO THE COUNCIL

The council shall exercise oversight and advocacy concerning Michigan’s participation in Interstate Commission activities including, but not limited to, the development of policies concerning operations and procedures of the compact within the state.

IV. OPERATIONS OF THE COUNCIL

A. The compact administrator shall direct the operations of the council.

B. The council may adopt procedures, not inconsistent with law and with this Order, governing its organization, operation and procedure.

C. Members of the council shall not delegate their responsibilities to other persons. A majority of the serving members constitutes a quorum for the transaction of businesses at a meeting. The council shall act by a majority vote of its serving members.

D. The council shall meet at least annually and at the call of the compact administrator as may be provided in the procedures of the council. Meetings of the council may be held at any location within the state of Michigan and the council may meet by conference call or teleconference.

E. In developing recommendations, the council may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The council may consult with outside experts in order to perform its duties.

F. Members of the council shall serve without compensation. Members of the council may receive reimbursement for necessary travel and expenses according to relevant statutes, rules and procedures of the Department of Technology, Management and Budget and the Michigan Civil Service Commission.

G. Members of the council shall refer all legal, legislative, and media contacts to the Department of Human Services.

H. The Council shall be staffed by personnel within the Department of Human Services.

I. All departments, committees, commissioners, or officers of the state or of any political subdivision of the state shall give the council or any member or representative of the council, any necessary assistance required by the council so far as that assistance is compatible with its duties; free access shall also be given to any books, records, or documents in its, his or her custody, relating to matters within the scope of inquiry, study, or investigation of the council.

J. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.

This Executive Order shall become effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 12th day of February, in the Year of our Lord Two Thousand Thirteen.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

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

The following messages from the Governor were received and read:

February 12, 2013

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

Chair - Governor’s Task Force on Child Abuse and Neglect

Kenneth L. Tacoma of 6121 Pointe East Drive, Cadillac, Michigan 49601, county of Wexford, is appointed for a term expiring December 31, 2015.

Governor’s Task Force on Child Abuse and Neglect

Maura Corrigan of 880 Bishop Road, Grosse Pointe, Michigan 48239, county of Wayne, representing the Department of Human Services, is appointed for a term expiring December 31, 2015.

Daniel L. Adams of 7298 Pine Valley Drive, Allendale, Michigan 48401, county of Ottawa, representing the law enforcement community, is appointed for a term expiring December 31, 2013.

Jennifer L. Pintar of 884 Townline Road, Tawas City, Michigan 48764, county of Iosco, representing the law enforcement community, is appointed for a term expiring December 31, 2014.

Linda S. Hallmark of 4467 S. Willoway Estates Court, Bloomfield Hills, Michigan 48302, county of Oakland, representing judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect, including individuals with the defense and the prosecution of child abuse and neglect cases, is appointed for a term expiring December 31, 2015.

Robinjit Eagleson of 15787 Pastoral Path, East Lansing, Michigan 48823, county of Ingham, representing judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect, including individuals with the defense and the prosecution of child abuse and neglect cases, is appointed for a term expiring December 31, 2015.

Robert S. Sykes, Jr., of 243 Oakwood Court, Ionia, Michigan 48846, county of Ionia, representing judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect, including individuals with the defense and the prosecution of child abuse and neglect cases, is appointed for a term expiring December 31, 2014.

Kenneth L. Tacoma of 6121 Pointe East Drive, Cadillac, Michigan 49601, county of Wexford, representing judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect, including individuals with the defense and the prosecution of child abuse and neglect cases, is appointed for a term expiring December 31, 2015.

Julie A. Nakfoor Pratt of 97 Sherwood Drive, Hastings, Michigan 49058, county of Barry, representing judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect, including individuals with the defense and the prosecution of child abuse and neglect cases, is appointed for a term expiring December 31, 2014.

Lisa Wenger of 765 Washington Road, Grosse Pointe, Michigan 48230, county of Wayne, representing judges and attorneys involved in both civil and criminal court proceedings related to child abuse and neglect, including individuals with the defense and the prosecution of child abuse and neglect cases, is appointed for a term expiring December 31, 2014.

Frederick Gruber of 18551 Country Club Court, Riverview, Michigan 48193, county of Wayne, representing child advocates, including both attorneys for children and court-appointed special advocates, is appointed for a term expiring December 31, 2015.

Terrance P. Gilsenan of 32121 Lancaster Drive, Warren, Michigan 48088, county of Macomb, representing child advocates, including both attorneys for children and court-appointed special advocates, is appointed for a term expiring December 31, 2013.

Gary R. Anderson of 3630 Beechtree Lane, Okemos, Michigan 48864, county of Ingham, representing health and mental health professionals, is appointed for a term expiring December 31, 2015.

Shannon M. Lowder of 3724 Luella Street, Jackson, Michigan 49201, county of Jackson, representing health and mental health professionals, is appointed for a term expiring December 31, 2014.

Susan L. Hull of 250 Franklin Lake Circle, Oxford, Michigan 48371, county of Oakland, representing child protective services agencies, is appointed for a term expiring December 31, 2013.

Lori A. Budnik of 365 South Fourth Street, Rogers City, Michigan 49779, county of Presque Isle, representing child protective services agencies, is appointed for a term expiring December 31, 2013.

Danielle N. Loupee of 325 M-62 Highway, Cassopolis, Michigan 49031, county of Cass, representing child protective services agencies, is appointed for a term expiring December 31, 2014.

Luann R. Forbes of 7419 Hammond Road, Freeport, Michigan 49325, county of Barry, representing parents, including, but not limited to, parents experienced in working with children with disabilities, is appointed for a term expiring December 31, 2013.

Betsy B. Boggs of 8130 Conservation Street, N.E., Ada, Michigan 49301, county of Kent, representing parents’ groups, is appointed for a term expiring December 31, 2013.

February 12, 2013

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

State Council - Interstate Compact for Juveniles

John A. Hohman, Jr., of 448 Birdie Court, Monroe, Michigan 48162, county of Monroe, representing judiciary, is appointed for a term expiring February 12, 2014.

Caroline D. Blinkhorn of 13457 Green Street, Grand Haven, Michigan 49417, county of Ottawa, representing victims, is appointed for a term expiring February 12, 2014.

Ted G. Forrest of 5423 Jo Pass, East Lansing, Michigan 48823, county of Ingham, representing the compact administrator, is appointed for a term expiring February 12, 2016.

Cheri Arwood of 5665 S. Forrest Hill Road, St. Johns, Michigan 48879, county of Clinton, representing the Executive Branch, is appointed for a term expiring February 12, 2016.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Richardville, Brandenburg and Young entered the Senate Chamber.

Senators Green and Nofs introduced

Senate Bill No. 180, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17201 (MCL 333.17201).

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

Senator Kahn introduced

Senate Bill No. 181, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11 and 201 as amended by 2012 PA 465, section 17b as amended by 2007 PA 137, and section 236 as amended by 2012 PA 201.