No. 74

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Wednesday, September 25, 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.

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—present

Hildenbrand—present Nofs—present

Reverend Pam Beedle-Gee of First United Methodist Church of Garden City offered the following invocation:

O God, as the first faint glow of morning creeps across our state, we awaken to the possibilities of renewal that appear fresh each day. Like morning dew on the boughs of wheat and grass, You have bound us together in life in ways that we may not realize. Give us grace to understand how our lives depend on the industry, the honesty, and integrity of those we work with and those we serve. May we be mindful of their needs, grateful for their dedication in our shared endeavors, and faithful in our responsibilities to them.

Fill us with the wisdom, strength, and courage to follow the path You have set before us. That will make our communities and our neighborhoods, our cities and our towns, our townships, our counties, and our state a place of new growth and healthy living; a place of creative and exciting new beginnings.

Lead us. Inspire us. Bless us and the work that is set before us. Amen.

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

Motions and Communications

Senators Richardville, Kahn and Hunter entered the Senate Chamber.

Senator Hopgood moved that Senator Johnson be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, September 24:

House Bill No. 4703

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 pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson.

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

Senate Bill No. 397, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 5 (MCL 125.2955).

Senate Bill No. 398, entitled

A bill to amend 2010 PA 275, entitled “Next Michigan development act,” by amending section 4 (MCL 125.2954).

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. 404, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11504, 11523, 11523a, 11525, and 11525b (MCL 324.11504, 324.11523, 324.11523a, 324.11525, and 324.11525b), sections 11504 and 11523 as amended and section 11523a as added by 1996 PA 359, section 11525 as amended by 2003 PA 153, and section 11525b as added by 1996 PA 358.

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.

During the Committee of the Whole, Senator Nofs entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 227

Senate Bill No. 76

Senate Bill No. 77

House Bill No. 4613

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 227, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2010 PA 9.

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. 369 Yeas—34

Ananich Gregory Kowall Richardville

Anderson Hansen Marleau Robertson

Bieda Hildenbrand Meekhof Rocca

Booher Hood Moolenaar Smith

Brandenburg Hopgood Nofs Walker

Casperson Hunter Pappageorge Warren

Caswell Jansen Pavlov Whitmer

Emmons Jones Proos Young

Green Kahn

Nays—3

Colbeck Hune Schuitmaker

Excused—1

Johnson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 76, entitled

A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 34 (MCL 28.734), as amended by 2005 PA 322.

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. 370 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Johnson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 77, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124.

The question being on the passage of the bill,

Senator Booher offered the following amendment:

1. Amend page 5, following line 2, by inserting:

“Enacting section 1. This amendatory act takes effect February 1, 2014.” and renumbering the remaining enacting section.

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

The question being on the passage of the bill,

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

Roll Call No. 371 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Johnson

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4613, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2918 (MCL 600.2918).

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. 372 Yeas—36

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Jones Proos Young

Nays—0

Excused—1

Johnson

Not Voting—1

Green

In The Chair: Schuitmaker

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

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

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

“An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

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.

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

Senate Resolution No. 87

The resolution consent calendar was adopted.

Senators Young, Booher, Bieda, Emmons, Ananich, Gregory, Johnson, Hunter, Jones and Anderson offered the following resolution:

Senate Resolution No. 87.

A resolution designating October 2013 as Domestic Violence Awareness Month in the state of Michigan.

Whereas, The National Coalition Against Domestic Violence estimates 1 in every 4 women will experience domestic violence in her lifetime; and

Whereas, An estimated 1.3 million women are victims of physical assault each year, and almost 7.8 million women have been raped by a domestic partner at some point in their lives; and

Whereas, Most cases of domestic violence are never reported to police, and less than one-fifth of victims reporting an injury from intimate partner violence sought medical treatment following the injury; and

Whereas, Nearly one-third of female homicide victims reported in police records are killed by an intimate partner; and

Whereas, The economic impact of domestic violence exceeds $5.8 billion each year, of which $4.1 billion goes directly towards medical and mental health services; and

Whereas, Domestic violence affects people of all ages, races, socioeconomic, and religious backgrounds; now, therefore, be it

Resolved by the Senate, That we join together in recognizing October 2013 as Domestic Violence Awareness Month in Michigan; and be it further

Resolved, That the members of this legislative body encourage all Michiganders to work together to help end abuse by recognizing the signs of violence and supporting those impacted by domestic assault; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Coalition to End Domestic and Sexual Violence, My Sister’s Place, Turning Point, Inc., End Violent Encounters, and the Capital Area Response Effort as evidence of our esteem.

Senators Brandenburg, Casperson, Colbeck, Hansen, Hood, Hopgood, Jansen, Kahn, Kowall, Marleau, Meekhof, Moolenaar, Nofs, Pappageorge, Pavlov, Proos, Rocca, Schuitmaker, Smith, Walker, Warren and Whitmer were named co‑sponsors of the resolution.

By unanimous consent the Senate returned to the order of

Messages from the Governor

The following messages from the Governor were received:

Date: September 24, 2013

Time: 1:40 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 330 (Public Act No. 110), being

An act to amend 1976 PA 390, entitled “An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; and to repeal acts and parts of acts,” by amending section 19 (MCL 30.419), as amended by 1990 PA 50.

(Filed with the Secretary of State on September 24, 2013, at 2:36 p.m.)

Date: September 24, 2013

Time: 1:42 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 347 (Public Act No. 116), being

An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” (MCL 125.1401 to 125.1499c) by adding section 22d.

(Filed with the Secretary of State on September 24, 2013, at 3:38 p.m.)

Respectfully,

Rick Snyder

Governor

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Robertson and Hansen introduced

Senate Bill No. 541, entitled

A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending section 2 (MCL 15.562).

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

Senators Caswell, Colbeck and Hansen introduced

Senate Bill No. 542, entitled

A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending section 3 (MCL 15.563).

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

Senators Nofs and Hansen introduced

Senate Bill No. 543, entitled

A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending section 4 (MCL 15.564).

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

Senators Casperson and Hansen introduced

Senate Bill No. 544, entitled

A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending section 5 (MCL 15.565).

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

Senators Jansen and Hansen introduced

Senate Bill No. 545, entitled

A bill to amend 2011 PA 152, entitled “Publicly funded health insurance contribution act,” by amending section 8 (MCL 15.568).

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

Senator Robertson introduced

Senate Bill No. 546, entitled

A bill to amend 1877 PA 164, entitled “An act to authorize cities, incorporated villages, and townships to establish and maintain, or contract for the use of, free public libraries and reading rooms; and to prescribe penalties and provide remedies,” by amending sections 2, 3, 4, 5, 7, 9, 10, 10a, 10c, 11, 14, 15, and 16 (MCL 397.202, 397.203, 397.204, 397.205, 397.207, 397.209, 397.210, 397.210a, 397.210c, 397.211, 397.214, 397.215, and 397.216), section 2 as amended by 2000 PA 99, sections 10, 10a, and 10c as amended by 1994 PA 81, section 11 as amended by 2002 PA 160, and sections 14 and 16 as amended and section 15 as added by 1984 PA 128.

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

Senator Booher introduced

Senate Bill No. 547, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 3103, 3106, 3116, 3119, 3305, 3309, 3312, 3416, 3417, 3419, 3602, 3604, and 3605 (MCL 440.3103, 440.3106, 440.3116, 440.3119, 440.3305, 440.3309, 440.3312, 440.3416, 440.3417, 440.3419, 440.3602, 440.3604, and 440.3605), section 3103 as amended by 2012 PA 86 and sections 3106, 3116, 3119, 3305, 3416, 3417, 3419, 3602, 3604, and 3605 as amended and sections 3309 and 3312 as added by 1993 PA 130.