No. 89

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Wednesday, October 30, 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—excused

Hildenbrand—present Nofs—present

Senator Bertram C. Johnson of the 2nd District offered the following invocation:

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

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

Give us this day our daily bread.

And forgive us our trespasses, as we forgive those who trespass against us.

And lead us not into temptation, but deliver us from evil: For thine is the kingdom, and the power, and the glory, for ever and 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 Nofs entered the Senate Chamber.

Senator Meekhof moved that Senators Jones, Kahn, Booher, Brandenburg, Colbeck, Hansen, Hildenbrand, Pavlov and Richardville be temporarily excused from today’s session.

The motion prevailed.

Senator Hopgood moved that Senator Hunter 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 3.902 be suspended to allow the guests of Senator Kowall 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 10:04 a.m.

10:58 a.m.

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

During the recess, Senator Kowall introduced the Rural and Urban Community Scholarship Award recipients, who participated in the State Fair in Novi, and entrepreneur Blair Bowman.

During the recess, Senators Hansen, Pavlov, Colbeck, Hildenbrand, Booher, Richardville, Jones, Kahn, Hunter and Brandenburg entered the Senate Chamber.

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. 652

Senate Bill No. 653

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

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, October 29:

House Bill No. 4958

The Secretary announced that the following bills were printed and filed on Tuesday, October 29, and are available at the Michigan Legislature website:

Senate Bill Nos. 654 655 656 657

Messages from the Governor

The following messages from the Governor were received and read:

October 21, 2013

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

State Board of Professional Engineers

James C. Stevens of 32988 Thorndyke Court, Farmington Hills, Michigan 48334, county of Oakland, representing professional engineers, succeeding Anthony Vizzini, is appointed for a term expiring March 31, 2016.

October 21, 2013

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

State Board of Professional Surveyors

Nickalos Darin of 15616 Englewood Drive, Allen Park, Michigan 48101, county of Wayne, representing the general public, succeeding Robert Stanford, is appointed for a term expiring March 31, 2017.

October 21, 2013

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

Board of Real Estate Appraisers

David Q. Worthams of 4356 Sweet Cherry Lane, Kalamazoo, Michigan 49004, county of Kalamazoo, representing the general public, succeeding Darius Dynkowski, is appointed for a term expiring June 30, 2017.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

Messages from the House

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

House Bill No. 4344

The motion prevailed.

House Bill No. 4384, entitled

A bill to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending sections 1103, 5303, 5305, and 5314 (MCL 700.1103, 700.5303, 700.5305, and 700.5314), section 1103 as amended by 2009 PA 46, section 5303 as amended by 2000 PA 468, section 5305 as amended by 2012 PA 210, and section 5314 as amended by 2012 PA 173.

The House of Representatives has amended the Senate substitute (S-1) as follows:

1. Amend page 12, following line 24, by inserting:

“Enacting section 2. This amendatory act takes effect 90 days after the date it is enacted into law.”.

The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Meekhof moved that the rule be suspended.

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

The question being on concurring in the House amendment made to the Senate substitute,

The amendment was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 466 Yeas—35

Ananich Green Jones Proos

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Walker

Caswell Hune Nofs Warren

Colbeck Hunter Pappageorge Whitmer

Emmons Johnson Pavlov

Nays—0

Excused—1

Young

Not Voting—2

Jansen Smith

In The Chair: Schuitmaker

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 Warren 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 bill:

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 bill 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. 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.

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:

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.

Substitute (S-3).

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. 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.

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. 580, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 6, 8a, 8d, 8h, and 15 (MCL 125.2686, 125.2688a, 125.2688d, 125.2688h, and 125.2695), sections 6 and 8a as amended and section 8h as added by 2010 PA 277 and section 8d as amended by 2010 PA 368.

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. 652, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 841, 6404, 6407, 6410, 6413, 6419, 6421, and 8304 (MCL 600.308, 600.841, 600.6404, 600.6407, 600.6410, 600.6413, 600.6419, 600.6421, and 600.8304), section 308 as amended by 2012 PA 333, sections 841 and 8304 as amended by 2012 PA 338, section 6410 as amended by 1986 PA 308, and sections 6419 and 6421 as amended by 1984 PA 212; and to repeal acts and parts of acts.

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. 653, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 504, 507, 517, 518, 8121, 8130, 8134, 8135, and 8159 (MCL 600.504, 600.507, 600.517, 600.518, 600.8121, 600.8130, 600.8134, 600.8135, and 600.8159), section 504 as amended by 2011 PA 300, sections 507 and 517 as amended by 2009 PA 228, section 518 as amended by 2006 PA 99, section 8121 as amended by 2012 PA 37, section 8130 as amended by 1988 PA 135, section 8134 as amended by 2012 PA 16, and section 8135 as amended by 1982 PA 161.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 3, line 5, after “Sec. 518.” by striking out “(1)”.

2. Amend page 3, line 6, after “to” by striking out “SUBSECTION (2) AND”.

3. Amend page 3, line 9, by striking out all of subsection (2).

4. Amend page 15, line 7, after “~~The~~” by striking out “EXCEPT AS PROVIDED IN SUBSECTION (5),”.

5. Amend page 16, line 7, by striking out all of subsection (6).

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

Resolutions

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

Senate Resolution No. 34

Senate Resolution No. 46

The motion prevailed.

Senator Casperson offered the following resolution:

Senate Resolution No. 100.

A resolution to urge the U.S. Army to continue the Army Reserve Officers’ Training Corps (ROTC) program at Northern Michigan University.

Whereas, For forty-four years, the Northern Michigan University (NMU) Reserve Officers’ Training Corps (ROTC) program has provided unique leadership training and management experience to our nation’s future Army officers. Students are given an opportunity to earn a college degree and an Army officer’s commission upon graduation from NMU. The ROTC experience at NMU helps students develop self-discipline, courage, integrity, and physical stamina; and

Whereas, NMU has graduated nearly 400 students from its military science/ROTC program. In the 2005-2006 and 2006-2007 school years, the NMU ROTC program was recognized as being in the top 15 percent of the ROTC units in the nation. This past summer, eleven active cadets participated in professional development opportunities and another eleven attended the Leader Development and Assessment Course or Army schools, such as Airborne or Air Assault. It was the largest number of summer training seats NMU cadets have ever earned. Currently, sixty-five cadets are active in the program; and

Whereas, NMU’s program serves both U.S. Army and Michigan National Guard cadets and receives funding from the Michigan Guard Assistance program. NMU, the largest university located in Michigan’s Upper Peninsula, offers one of the lowest tuition rates in the state, making its Army ROTC program one of the most affordable for prospective officer candidates. NMU estimates that it can train three officers for the price it costs to train one officer at Harvard University. In addition to lower tuition rates, five cadets qualify for an annual room and board scholarship to cover the cost of living on campus while in the ROTC program. The university provides training facilities at little to no cost to the Army ROTC program; and

Whereas, Prior to October, NMU had never received notification from the Department of Defense that the status of its program was in jeopardy. Without advanced warning, the U.S. Army has notified NMU that its ROTC program will be one of thirteen eliminated nationwide in May 2015. There are currently 273 ROTC programs in the country, with two located at universities in the Upper Peninsula. Another five are available in the rest of the state. Closing the NMU ROTC program will adversely affect high school students from Michigan’s Upper Peninsula and Northern Wisconsin who desire to serve their nation as commissioned officers in the U.S. Army; now, therefore, be it

Resolved by the Senate, That we urge the U.S. Army to continue the Army Reserve Officers’ Training Corps program at Northern Michigan University; and be it further

Resolved, That copies of this resolution be transmitted to the United States Secretary of the Army, the Commanding General of the U.S. Army Cadet Command, and the members of the Michigan congressional delegation.

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.

Senators Booher, Brandenburg, Colbeck, Emmons, Hansen, Johnson, Pappageorge, Proos and Richardville were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Casperson’s statement is as follows:

I rise in support of this resolution. It gets to the heart of our priorities when it comes to government and where government priorities lie. In this case, it’s training for our military, the ROTC, and the program that they suggested to be cut is at Northern Michigan University. If you read the resolution, you’re going to see an enormous amount of success with the program.

It’s not only success. I know a lot of times in this chamber, there’s a lot of conversation about doing things efficiently with our dollars. When you look at what Northern Michigan has done with the dollars, they’ve been one of the most efficient universities in the country when it comes to ROTC.

So I rise in support of this, and I ask my colleagues to also support it. Really it’s a statement that in government we have been mandated to protect the citizens, and our military is key in that.

Introduction and Referral of Bills

House Bill No. 4958, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 43 (MCL 421.43), as amended by 2004 PA 243.

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 Reforms, Restructuring and Reinventing.

By unanimous consent the Senate returned 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. 652

Senate Bill No. 653

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:

House Bill No. 4937

House Bill No. 4605

House Bill No. 4731

House Bill No. 4752

House Bill No. 4754

House Bill No. 4756

Senate Bill No. 442

Senate Bill No. 443

Senate Bill No. 652

Senate Bill No. 653

The motion prevailed.

The following bill was read a third time:

House Bill No. 4937, entitled

A bill to amend 2000 PA 322, entitled “Julian-Stille value-added act,” by amending the title and section 3 (MCL 285.303); 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. 467 Yeas—36

Ananich Green Jones Proos

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Nays—0

Excused—1

Young

Not Voting—1

Jansen

In The Chair: Schuitmaker

Senator Meekhof moved that Senator Jansen be temporarily excused from the balance of today’s session.

The motion prevailed.

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 create certain committees; to create certain funds from certain sources and to provide for the disposition of money from the funds; to provide for the creation of certain funds by certain private entities; to create incentives and to locate and maintain value-added agricultural processing, commercialization of agriculture, and production ventures within this state; to provide for grants, loans, and loan guarantees to certain private and governmental entities for certain purposes; to provide for certain powers and duties for certain private entities, state agencies, commissions, and departments; to authorize loans, loan guarantees, expenditures, and grants from the funds; and to finance the development of certain programs,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4605, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20950 (MCL 333.20950), as amended by 2006 PA 568.

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. 468 Yeas—36

Ananich Green Jones Proos

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Nays—0

Excused—2

Jansen Young

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4731, entitled

A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2006 PA 213.

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. 469 Yeas—36

Ananich Green Jones Proos

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Nays—0

Excused—2

Jansen Young

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to create the firefighters training council; to prescribe the powers and duties of the council, the state fire marshal, and certain fire departments and other organizations; to create the firefighters training council fund and to provide for allocations from the fund to local agencies of government participating in a firefighters training program; and to make an appropriation,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4752, entitled

A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2, 4a, and 13d (MCL 408.752, 408.754a, and 408.763d), sections 2 and 4a as amended and section 13d as added by 2008 PA 159.

The question being on the passage of the bill,

Senator Moolenaar offered the following substitute:

Substitute (S-3).

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

Senator Jansen entered the Senate Chamber.

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. 470 Yeas—37

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

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green

Nays—0

Excused—1

Young

Not Voting—0

In The Chair: Schuitmaker

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

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

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

“An act to regulate the use, construction, installation, and repair of certain boilers; to create a board of boiler rules; to prescribe uniform rules and regulations for certain boilers; to provide for the licensing of certain boiler inspectors, installers, and repairers and registration of certain boiler operators and stationary engineers; to provide for powers and duties for certain state agencies and officers; to provide fees for registrations, licenses, permits, inspections, and certificates; to provide penalties and remedies for the violation 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 consideration of the following bill:

Senate Bill No. 652, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 841, 6404, 6407, 6410, 6413, 6419, 6421, 6422, and 8304 (MCL 600.308, 600.841, 600.6404, 600.6407, 600.6410, 600.6413, 600.6419, 600.6421, 600.6422, and 600.8304), section 308 as amended by 2012 PA 333, sections 841 and 8304 as amended by 2012 PA 338, section 6410 as amended by 1986 PA 308, and sections 6419 and 6421 as amended by 1984 PA 212; and to repeal acts and parts of acts.

The above bill was read a third time.

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. 471 Yeas—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Nays—11

Ananich Gregory Hunter Warren

Anderson Hood Johnson Whitmer

Bieda Hopgood Smith

Excused—1

Young

Not Voting—0

In The Chair: Schuitmaker

Senator Meekhof moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

Protest

Senator Whitmer, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 652 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Whitmer’s statement is as follows:

I rise in opposition to this bill in front of us for what I would hope is a very obvious reason. It’s terrible policy and flies directly in the face of the open and honest government you all claim and you preach. When I look at today’s agenda, I have to tell you I’m stunned. The common theme today seems to be a Legislature who wants to interfere with the ability of our people to seek recourse for harm, whether those people are sheriffs, teachers, or citizens wronged by the government that is supposed to serve them. I have to tell you as a lawyer, as a citizen, and as a representative of those people, I’m disgusted by what you’re pushing through today.

Why is it that this body, entrusted with crafting and enacting law, is so preoccupied with flouting it? At every turn, there is another example of the Senate Republican majority putting their petty and selfish partisan politics ahead of sound policy, and this bill is just the latest blatant instance.

We saw it with the Oakland County Commission when Senate Republicans felt the need to intervene with local affairs and gerrymander the districts to protect Republican representation on the commission. We saw it with the immediate and partisan passage of a new emergency manager law mere weeks after the statewide passage of Proposal 1 in 2012 to overturn and repeal Michigan’s emergency manager law; a direct betrayal of the will of the people. Now we’re seeing it here today with Senate Bill No. 652, a clear attempt to tamper with the power of our courts and, in turn, the power of our people.

Like the overreaches the Republican majority has become so fond of, this bill is nothing more than partisan rigging and shameless political protectionism. By moving the jurisdiction of our state’s Court of Claims from the Ingham County Circuit Court, where it stands now, to a Court of Appeals handpicked by the Supreme Court, you are unnecessarily interfering with judicial oversight and trying to shift power from judges elected by the people to judges appointed by partisans. More importantly, it allows the Republican majority to stack the Court of Appeals with Republican appointees and better your chances of having your questionable legislation upheld.

Plain and simple, this is a political ploy to override the power of the people. This bill makes it clear that rigging the system to better your own gains is more important to you than ensuring the people of our state have fair access to seek legal recourse against the policies you have shoved down their throats over the past few years. This wouldn’t be an issue if legislative Republicans and Governor Snyder wouldn’t keep passing unethical, unconstitutional, and even illegal legislation that needs to be litigated, but I’m sure that’s not going to end any time soon.

Now, I’ve heard the sponsor of this bill claim that it has nothing to do with politics. I’d simply laugh at that suggestion if the consequences of what he’s trying to do through this legislation weren’t so serious. But instead, I’d simply ask whether he honestly thinks that people believe that, because they don’t. The argument that this bill isn’t driven entirely by political ambitions reminds me of a debate we had here last year as you jammed through the so-called right-to-work legislation. The same supporters stood up and said with a straight face that that legislation wasn’t about politics; it was about creating jobs.

Well, I got to ask, where are those jobs? The truth is they don’t exist, and you knew they never would. Just like right to work was never about creating jobs, this legislation has nothing to do with alleviating a burden on the Ingham County court. They are both driven only by a partisan, political agenda and to suggest otherwise is simply shameless.

I oppose this effort to intervene in the judicial process that allows our citizens to weigh in on such bills. It’s bad public policy being sold in an even worse way, and I can promise my colleagues on the other side of the aisle that the people of Michigan won’t be forgetting this action here today.

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

The motion prevailed.

Senator Jones’ statement is as follows:

Through you to my esteemed colleague across the aisle, if any politics were played, they were played in the ’70s when it was decided instead of having the Court of Claims coming from judges throughout the state of Michigan, they would be put in just Ingham County, where we have judges elected by perhaps 3 percent of the population. It made absolutely no sense to do what was done back in the ’70s. Additionally, another judge was added at that time. We should be able to cut that judge and save one-half million dollars.

Let’s examine what the bill does. The bill allows people of Michigan more access because they can go to four different locations to file their claim. Good, common-sense reform is what we are doing here today, instead of playing politics like they did back in the ’70s. I urge a “yes” vote.

The following bill was read a third time:

Senate Bill No. 653, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 504, 507, 517, 518, 8116, 8121, 8123, 8130, 8134, and 8135 (MCL 600.504, 600.507, 600.517, 600.518, 600.8116, 600.8121, 600.8123, 600.8130, 600.8134, and 600.8135), section 504 as amended by 2011 PA 300, sections 507 and 517 as amended by 2009 PA 228, section 518 as amended by 2006 PA 99, section 8116 as amended by 2012 PA 19, section 8121 as amended by 2012 PA 37, section 8123 as amended by 2012 PA 624, section 8130 as amended by 1988 PA 135, section 8134 as amended by 2012 PA 16, and section 8135 as amended by 1982 PA 161.

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. 472 Yeas—26

Ananich Green Kowall Pavlov

Bieda Hansen Marleau Proos

Booher Hildenbrand Meekhof Richardville

Brandenburg Hune Moolenaar Rocca

Casperson Jansen Nofs Schuitmaker

Caswell Jones Pappageorge Walker

Emmons Kahn

Nays—11

Anderson Hood Johnson Warren

Colbeck Hopgood Robertson Whitmer

Gregory Hunter Smith

Excused—1

Young

Not Voting—0

In The Chair: Schuitmaker

Senator Meekhof moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4754, entitled

A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 6 (MCL 338.976), as amended by 2010 PA 149.

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. 473 Yeas—37

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

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green

Nays—0

Excused—1

Young

Not Voting—0

In The Chair: Schuitmaker

The Assistant President pro tempore, Senator Hansen, assumed the Chair.

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 regulate the use, installation, alteration, and servicing of specified heating, cooling, ventilating, and refrigerating equipment and systems; to create a board of mechanical rules; to provide for the licensing of installing contractors and of servicing contractors of heating, cooling, ventilating, and refrigerating equipment and systems; to prescribe fees; to provide for the promulgation of rules; and to prescribe penalties,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4756, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2404b (MCL 339.2404b), as added by 2007 PA 157.

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. 474 Yeas—37

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

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green

Nays—0

Excused—1

Young

Not Voting—0

In The Chair: Hansen

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, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 442, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1642 (MCL 380.1642); and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Hopgood offered the following amendments:

1. Amend page 1, line 1, after “Sec. 1642.” by striking out “A” and inserting “SUBJECT TO SECTION 6094 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.6094, A”.

2. Amend page 1, line 3, after “~~part.~~” by striking out the balance of the section and inserting “MAY BE ENFORCED BY ANY AVAILABLE JUDICIAL OR ADMINISTRATIVE PROCESS PROVIDED UNDER LAW.”.

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. 475 Yeas—11

Ananich Gregory Hunter Warren

Anderson Hood Johnson Whitmer

Bieda Hopgood Smith

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—1

Young

Not Voting—0

In The Chair: Hansen

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. 476 Yeas—27

Booher Hildenbrand Kowall Proos

Brandenburg Hopgood Marleau Richardville

Casperson Hune Meekhof Robertson

Colbeck Hunter Moolenaar Rocca

Emmons Jansen Nofs Schuitmaker

Green Jones Pappageorge Walker

Hansen Kahn Pavlov

Nays—10

Ananich Caswell Johnson Warren

Anderson Gregory Smith Whitmer

Bieda Hood

Excused—1

Young

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

Senators Hopgood, Marleau and Kahn asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hopgood’s statement is as follows:

I rise to speak in favor of my amendment. I certainly appreciate the intent of this legislation and the sponsor who introduced it. I supported this bill in committee because without it, taxpayers could be subject to millage increases without voter approval. However, the solution before us probably goes too far in terms of protecting governments. This is an issue that probably should have been addressed in committee.

My amendment would assure that someone with a valid judgment awarded by a court would have some means of being paid. Government has to pay its bills. Without this amendment, this bill says that a school district that is sued and loses could ignore the judgment and the judicial system that awarded it.

Senator Marleau’s statement is as follows:

Mr. President, I rise in opposition to this amendment. This amendment adds very broad and general language to The Revised School Code for collecting judgments. It is unclear what the legal fallout from adding this language would be. I appreciate the spirit of the amendment, and I hope to continue working with my colleagues to address concerns, but I urge a “no” vote at this time.

Senator Kahn’s statement is as follows:

Last I looked at this particular issue, it seemed to me that this was about being able to charge the citizens of Pontiac for work that they couldn’t afford and not owning up to the responsibility to properly manage their budget. Those, I think, are transcending a Republican or a Democrat; those are about being a responsible individual. We have to do that in our own homes. We have to do that in our state government. We have to do that in our counties and our villages and our townships. Calling that untruthful or political is a mistake. I think that the good Minority Leader is a better person than that, and I invite her to retract her remarks.

The following bill was read a third time:

Senate Bill No. 443, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 6094 (MCL 600.6094).

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. 477 Yeas—27

Booher Hildenbrand Kowall Proos

Brandenburg Hopgood Marleau Richardville

Casperson Hune Meekhof Robertson

Colbeck Hunter Moolenaar Rocca

Emmons Jansen Nofs Schuitmaker

Green Jones Pappageorge Walker

Hansen Kahn Pavlov

Nays—10

Ananich Caswell Johnson Warren

Anderson Gregory Smith Whitmer

Bieda Hood

Excused—1

Young

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

Protest

Senator Whitmer, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 442 and 443 and moved that the statement she made during the discussion of Senate Bill No. 442 be printed as her reasons for voting “no.”

The motion prevailed.

Senator Whitmer’s statement is as follows:

Colleagues, I rise to offer my “no” vote explanation on these bills before us to hamper school workers’ and contractors’ ability to satisfy a judgment. Once again, the Senate Republican majority is choosing to make a theme out of interfering with our court system today. It, unfortunately, continues the Senate Republicans’ recurring theme of having to introduce legislation to enable our schools, workers, and local communities to cope with the aftermath of their drastic cuts to our schools.

Over the last few years, Governor Snyder and legislative Republicans have cut our public schools by billions of dollars, forcing our districts into debt and even insolvency. This has resulted in higher class sizes, crumbling buildings, and diminished classroom resources, all hurting our children’s abilities to learn.

So instead of funding our districts the way that you all ran on and told your constituents you would, now Republicans say we will just relieve you of your debt. What happened to Republicans who used to say that people should pay their debts even if it is government? What happened to Republicans who used to stand up for the sanctity of contracts? What happened to Republicans who used to give assurances to businesses when you enter into an agreement, it would be honored and have the force of law? Are you so blinded by your contempt for teachers that you didn’t realize this also applies to vendors who do business with our schools? They will also be cheated.

When people enter into a contract under the law, they should have every right of recourse for specific reaped performance, whether or not one of the contracting parties is government. That is exactly why I am voting “no,” and I ask that you do as well.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Smith, Casperson and Hood 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:

It saddens me to rise today to report that my city is now under a crime wave. In just the last five days, we have had ten innocent people victimized by carjackings. Ten people have come face-to-face with the threat of great harm and given up their vehicles to criminals.

However, we are told we should not fear. Our new police chief appointed by the emergency manager was also the target of a carjacking, but he did drive away from his. Thankfully, he was able to escape his carjacking. Unfortunately, he did not report the incident, and he could not arrest the suspects, because according to the Detroit News story from October 24, he is not certified and does not have arrest authority. We have a crime wave engulfing our city, and the man at the top is not a police officer, essentially.

While chiefs of police are not required by law to be certified officers, how can we expect the police officers of Detroit to follow a man who is not one of them? Would we expect a general to lead our soldiers in the field if he was not part of the Army? This is what we are asking our police in Detroit to do. To have a man in charge of our police department who is not certified erodes people’s faith in our police department and goes toward the disrespect that a lot of our youth have toward people in blue in the city of Detroit.

Senator Casperson’s statement is as follows:

Today, I rise to talk about an issue I have talked about in the past. I have been giving folks updates on the reactions to too many wolves in isolated areas and the results of that. I rise today to talk about something similar, but it rises to another whole level. I think what it exposes, really, is that ideology out there that I think we need to be aware of. For those of us who live in Michigan, especially, who have a belief in the great outdoors and the hunting heritage that we enjoy, to think that it is just going to keep happening and that there won’t be some problems along the way, I think we should reevaluate.

Recently, an 18-year-old Ontonagon woman posted a picture on Facebook of a bear she killed while hunting. The woman says that she was immediately attacked online by activists and others. Well, those things happen and we understand that; those who would disagree would probably make some comments. I’ll put this in perspective. This is a young woman who was out with her father enjoying the great outdoors, doing nothing wrong. They were following the rules and the laws and actually killed a legal bear during bear season. She was attacked for potentially killing a cub, so they made it into something that it wasn’t. It’s amazing how that works. When you don’t like something, you can say anything you want to create an environment that people get ginned up.

Why do I rise today and talk about it? I want to read just a couple of comments—and many came in—but I would like you to listen to what people have come to do. I don’t even know how to put it into words. There are some who have said, “I hope her future children get killed so she knows what it feels like.” There is a theme that sounds to me like we have things out of order, and we have now come to a point with some folks that animals rise to the same level as a human being. In this case, even higher. That wasn’t the only comment like that. Another comment: “I hope she gets in a hunting accident.” Again, is that what we have become?

So I rise today, Mr. President, just to make you aware of what is going on out there. The good news is those who do enjoy the great outdoors and understand our hunting heritage and past and how important it is to us have risen up almost 9-1 with comments to help this young woman and her family and protect them. I think it is shameful that it has actually come to that; that we can’t just disagree and be respectful. We have to be so personal and rise to this level, but this is where we are heading. This has been the problem we have dealt with on the wolf issue, and we are going to be dealing with it on other issues with our hunting heritage. We need to be aware of it and be vigilant.

Senator Hood’s statement is as follows:

I rise today to speak on a story that was put on a local Detroit television channel regarding Detroit firefighter Brendan Milewski. On August 13, 2010, he went to work and when he got to work, he didn’t even get a chance to get out of his vehicle when his rig was called to a fire. Subsequently, at that fire, a building collapsed on him. Actually, some large beams fell on him, which left him paralyzed. After years of therapy that he’s gone through to try to regain the movement and keep his limbs and his organs still moving—going through nine hours of rehabilitation a week—not too long ago, Mr. Milewski received a letter from the city of Detroit stating that his health care insurance is going to be terminated as of January 1, 2014. If he doesn’t purchase another plan by December 15 of this year, he may have a large gap in his coverage.

The city has offered him a $200 per month stipend to supplement his health care, but in reality that’s not enough, with the cost of physical therapy and daily catheters that he must use for the rest of his life right now. That $200 is not a lot of money at all, and it will not cover that. We need to look at the different things the emergency manager is implementing.

The lack of funds that we are sending to our cities in revenue sharing is causing these problems. I know that we’re in very difficult budget times, but here’s a man who put his life on the line every day to save lives. He committed himself when he took the oath to do that. If you get a chance, it was on Fox 2 WKBJ Detroit. It was a story done by Mr. Charlie LeDuff. If you get a chance, pull that story up and look at his story and see what he’s going through; a young man who cannot have the movement of the full capacity of his body. Now he has to pay for it, when he dedicated his life and his time to the city of Detroit.

We see a lot of municipalities that are falling into this category, that are not able to give sufficient insurance to their employees. So I stand before you today, Mr. President, to say that we need to take a stronger look, or a better look, at what we’re doing in this state to take care of the people who take care of us every day. We have to. We must. If we don’t, shame on us.

Committee Reports

The Committee on Judiciary reported

Senate Bill No. 653, entitled

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.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Rocca

Nays: Senator Bieda

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

The Committee on Judiciary reported

Senate Bill No. 652, entitled

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.

Rick Jones

Chairperson

To Report Out:

Yeas: Senators Jones, Schuitmaker and Rocca

Nays: Senator Bieda

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

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, October 29, 2013, at 2:30 p.m., Room 110, Farnum Building

Present: Senators Jones (C), Schuitmaker, Rocca and Bieda

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, October 29, 2013, at 12:30 p.m., Room 100, Farnum Building

Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Hansen, Hood and Ananich

COMMITTEE ATTENDANCE REPORT

The Committee on Energy and Technology submitted the following:

Meeting held on Tuesday, October 29, 2013, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

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

Excused: Senator Young

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Tuesday, October 29, 2013, at 2:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Caswell (C), Jansen and Proos

Excused: Senator Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Agriculture and Rural Development submitted the following:

Meeting held on Tuesday, October 29, 2013, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Green (C), Moolenaar and Hopgood

Scheduled Meetings

Administrative Rules - Thursday, October 31, 2:00 p.m. or later after committees are given leave to meet, Room 426, Capitol Building (373-5773)

Agriculture - Thursday, October 31, 8:30 a.m., Room 110, Farnum Building (373-5323)

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)

Legislative Council - Thursday, November 7, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212)

Local Government and Elections - Thursday, October 31, 8:30 a.m., Room 100, Farnum Building (373-5314)

Natural Resources, Environment and Great Lakes - Thursday, October 31, 9:00 a.m., Room 210, Farnum Building (373-5312)

Senator Pavlov moved that the Senate adjourn.

The motion prevailed, the time being 12:11 p.m.

The Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Thursday, October 31, 2013, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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