No. 31

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Tuesday, March 27, 2012.

10:00 a.m.

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

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

Anderson—present Hood—present Pappageorge—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Hunter—present Richardville—present

Casperson—present Jansen—present Robertson—present

Caswell—present Johnson—excused Rocca—present

Colbeck—present Jones—present Schuitmaker—present

Emmons—present Kahn—present Smith—present

Gleason—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

Pastor Brad Hulcy of Woodside Bible Church of White Lake offered the following invocation:

Our Father and our God, we thank You for waking us up this morning and for the measures of strength that You have given us for this day. God, we thank You for this beautiful state that You have given us and the natural resources that just shout Your handiwork and Your creation. Father, most of all, we thank You for the people of this state and the wonderful resource that is for us.

Today, Father, I pray for our Senators that You would give them wisdom beyond their own as they govern this great state. Lord, use them today to direct, to lead, Lord, to allow our state to prosper. God, I pray that You would just give them strength, and use them this day that You would get glory from all that happens in this session and beyond. Amen.

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

Motions and Communications

Senator Richardville entered the Senate Chamber.

The following communication was received and read:

Office of the Auditor General

March 22, 2012

Enclosed is a copy of the following audit report:

Follow-up on the Accuracy of Prisoner Release Dates, Department of Corrections and Department of Technology, Management, and Budget.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The audit report was referred to the Committee on Government Operations.

Senator Bieda moved that Senators Hood and Hunter be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Meekhof moved that Senators Marleau, Hansen and Schuitmaker be temporarily excused from today’s session.

The motion prevailed.

Senators Schuitmaker, Hansen and Hood entered the Senate Chamber.

The President pro tempore, Senator Schuitmaker, assumed the Chair.

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Emmons 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 10:06 a.m.

10:13 a.m.

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

During the recess, Senator Emmons introduced the Central Michigan University Women’s Volleyball Team, Mid-American Conference Tournament Champions, and coaches.

During the recess, Senators Hunter and Marleau entered the Senate Chamber.

A moment of silence was observed in memory of slain Florida teen Trayvon Martin.

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, March 22:

House Bill No. 4803

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, March 22, for his approval the following bills:

Enrolled Senate Bill No. 685 at 3:44 p.m.

Enrolled Senate Bill No. 992 at 3:46 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Monday, March 26, for his approval the following bills:

Enrolled Senate Bill No. 727 at 3:42 p.m.

Enrolled Senate Bill No. 728 at 3:44 p.m.

The Secretary announced that the following official bills were printed on Thursday, March 22, and are available at the legislative website:

House Bill Nos. 5502 5503 5504 5505 5506 5507 5508

The Secretary announced that the following official bills were printed on Friday, March 23, and are available at the legislative website:

Senate Bill Nos. 1036 1037 1038 1039 1040

House Bill Nos. 5509 5510

Messages from the Governor

The following messages from the Governor were received:

Date: March 22, 2012

Time: 2:20 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 778 (Public Act No. 56), being

An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding section 30111b.

(Filed with the Secretary of State on March 22, 2012, at 3:33 p.m.)

Date: March 22, 2012

Time: 2:22 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 634 (Public Act No. 57), being

An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 51 (MCL 211.51), as amended by 2009 PA 189.

(Filed with the Secretary of State on March 22, 2012, at 3:35 p.m.)

Respectfully,

Brian Calley

Acting and Lieutenant Governor

The following messages from the Governor were received and read:

March 16, 2012

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

Chair - Controlled Substances Advisory Commission

Jeffrey M. Westra of 139 Pasadena Avenue, Battle Creek, Michigan 49017, county of Calhoun, representing the general public, succeeding Brian M. Sullivan, is appointed for a term expiring at the pleasure of the Governor.

Controlled Substances Advisory Commission

Mohammed A. Arsiwala of 45625 West 9 Mile Road, Novi, Michigan 48374, county of Oakland, representing the Board of Medicine, succeeding David Dull, is appointed for a term expiring August 30, 2013.

March 21, 2012

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

Child Abuse and Neglect Prevention Board

Karl T. Ieuter of 3565 N. Sunset Way, Sanford, Michigan 48657, county of Midland, representing the general public, succeeding Douglas McNeil Paterson, is appointed for a term expiring December 19, 2014.

Lena Epstein Koretzky of 1320 Ravenwicke Way, Bloomfield Hills, Michigan 48302, county of Oakland, representing the general public, succeeding Trisha L. Stein, is appointed for a term expiring December 19, 2014.

March 21, 2012

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

Data Collection Agency Governing Board

John W. Schrock of 1042 W. Colonial Park Drive, Grand Ledge, Michigan 48837, county of Eaton, representing the Executive Branch of state government, is reappointed for a term expiring December 31, 2012.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

The following message from the Governor was received and read:

March 26, 2012

In accordance with Section 14 of Article V of the Michigan Constitution of 1963, I write to advise the Senate that the following commutation was granted during 2011:

Bryan Randall Tolliver - The commutation was granted on March 2, 2011, for medical reasons and was based on the affirmative recommendation of the Michigan Parole Board.

Sincerely,

Richard D. Snyder

Governor

Messages from the House

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

Senate Bill No. 291

The motion prevailed.

Senate Bill No. 35, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 719 and 721 (MCL 257.719 and 257.721), section 719 as amended by 2009 PA 37 and section 721 as amended by 2000 PA 154.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No. 946, entitled

A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by amending sections 2, 4, 6, 9, 17, and 22 (MCL 286.202, 286.204, 286.206, 286.209, 286.217, and 286.222), sections 6 and 9 as amended by 2007 PA 84.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Third Reading of Bills

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

House Bill No. 5050

House Bill No. 5051

Senate Bill No. 351

House Bill No. 4663

House Bill No. 5081

House Bill No. 5082

House Bill No. 5083

The motion prevailed.

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

The following bill was read a third time:

House Bill No. 5050, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 479c.

The question being on the passage of the bill,

Senator Schuitmaker offered the following amendment:

1. Amend page 2, following line 18, by inserting:

“(D) IF THE CRIME BEING INVESTIGATED IS ANY OF THE FOLLOWING, THE PERSON IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH:

(i) A VIOLATION OF SECTION 316 OR 317 (FIRST OR SECOND DEGREE MURDER).

(ii) A VIOLATION OF CHAPTER LXVIIA (HUMAN TRAFFICKING).

(iii) A VIOLATION OF SECTION 520B (FIRST DEGREE CRIMINAL SEXUAL CONDUCT).

(iv) A VIOLATION OF SECTION 529 (ARMED ROBBERY).

(v) A VIOLATION OF SECTION 529A (CARJACKING).

(vi) A VIOLATION OF CHAPTER LXXXIII-A (TERRORISM).

(vii) IF THE VIOLATION IS PUNISHABLE BY IMPRISONMENT FOR NOT LESS THAN 20 YEARS:

(A) A VIOLATION OF CHAPTER X (ARSON).

(B) A VIOLATION OF CHAPTER XXXIII (EXPLOSIVES AND BOMBS, AND HARMFUL DEVICES).

(C) A VIOLATION OF CHAPTER L (KIDNAPPING).”.

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

Senator Jones offered the following amendment:

1. Amend page 4, following line 13, by inserting:

“(xiv) A SERGEANT AT ARMS OR ASSISTANT SERGEANT AT ARMS COMMISSIONED AS A POLICE OFFICER UNDER SECTION 2 OF THE LEGISLATIVE SERGEANT AT ARMS POLICE POWERS ACT, 2001 PA 185, MCL 4.382.”.

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. 156 Yeas—32

Anderson Green Jones Pavlov

Booher Hansen Kahn Proos

Brandenburg Hildenbrand Kowall Richardville

Casperson Hood Marleau Robertson

Caswell Hopgood Meekhof Rocca

Colbeck Hune Moolenaar Schuitmaker

Emmons Hunter Nofs Walker

Gleason Jansen Pappageorge Whitmer

Nays—5

Bieda Smith Warren Young

Gregory

Excused—1

Johnson

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, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5051, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.

The question being on the passage of the bill,

Senator Schuitmaker offered the following amendment:

1. Amend page 2, following line 12, by inserting:

“750.479C(2)(D) PUB ORD F PROVIDING FALSE OR MISLEADING INFORMATION TO PEACE OFFICER CONDUCTING CRIMINAL INVESTIGATION REGARDING CERTAIN FELONIES 4”.

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. 157 Yeas—31

Anderson Green Jones Proos

Bieda Hansen Kowall Richardville

Booher Hildenbrand Marleau Robertson

Brandenburg Hood Meekhof Rocca

Casperson Hopgood Moolenaar Schuitmaker

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Whitmer

Gleason Jansen Pavlov

Nays—5

Emmons Smith Warren Young

Gregory

Excused—1

Johnson

Not Voting—1

Kahn

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 codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 351, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2010 PA 160.

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. 158 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

Anderson Gregory Hunter Whitmer

Bieda Hood Smith Young

Gleason Hopgood Warren

Excused—1

Johnson

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4663, entitled

A bill to repeal 1941 PA 35, entitled “An act to provide for the registration of the names of farms, and to declare the effect thereof; to provide for the transfer of title thereto; to prescribe the powers and duties of the commissioner of agriculture; and to prescribe penalties for the violation of the provisions of this act,” (MCL 285.101 to 285.108).

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. 159 Yeas—37

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 Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5081, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending the heading for part 1 and sections 1101, 1102, 1103, 1106, 1202, 1203, 1204, 1205, 1206, 2202, 2A501, 2A518, 2A519, 2A527, 2A528, 3103, 4A105, 4A106, 4A204, 5103, and 8102 (MCL 440.1101, 440.1102, 440.1103, 440.1106, 440.1202, 440.1203, 440.1204, 440.1205, 440.1206, 440.2202, 440.2951, 440.2968, 440.2969, 440.2977, 440.2978, 440.3103, 440.4605, 440.4606, 440.4704, 440.5103, and 440.8102), sections 1206 and 8102 as amended by 1998 PA 278, sections 2A501, 2A518, 2A519, 2A527, and 2A528 as added by 1992 PA 101, section 3103 as amended by 1993 PA 130, sections 4A105, 4A106, and 4A204 as added by 1992 PA 100, and section 5103 as amended by 1998 PA 488, and by adding a heading for part 3 and sections 1108, 1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, and 1310; 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. 160 Yeas—37

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 Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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 enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts, chattel paper and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect thereto; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5082, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 1201, 2103, 2104, 2310, 2323, 2401, 2503, 2505, 2506, 2509, 2605, 2705, 2A103, 2A514, 2A526, 4104, 4210, 7101, 7102, 7103, 7104, 7105, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7208, 7209, 7210, 7301, 7302, 7303, 7304, 7305, 7307, 7308, 7309, 7401, 7402, 7403, 7404, 7501, 7502, 7503, 7504, 7505, 7506, 7507, 7508, 7509, 7601, 7602, 7603, 8103, 9102, 9203, 9207, 9208, 9301, 9310, 9312, 9313, 9314, 9317, 9338, and 9601 (MCL 440.1201, 440.2103, 440.2104, 440.2310, 440.2323, 440.2401, 440.2503, 440.2505, 440.2506, 440.2509, 440.2605, 440.2705, 440.2803, 440.2964, 440.2976, 440.4104, 440.4210, 440.7101, 440.7102, 440.7103, 440.7104, 440.7105, 440.7201, 440.7202, 440.7203, 440.7204, 440.7205, 440.7206, 440.7207, 440.7208, 440.7209, 440.7210, 440.7301, 440.7302, 440.7303, 440.7304, 440.7305, 440.7307, 440.7308, 440.7309, 440.7401, 440.7402, 440.7403, 440.7404, 440.7501, 440.7502, 440.7503, 440.7504, 440.7505, 440.7506, 440.7507, 440.7508, 440.7509, 440.7601, 440.7602, 440.7603, 440.8103, 440.9102, 440.9203, 440.9207, 440.9208, 440.9301, 440.9310, 440.9312, 440.9313, 440.9314, 440.9317, 440.9338, and 440.9601), sections 1201, 2103, 2A103, 4210, 7503, 8103, 9102, 9203, 9207, 9208, 9301, 9310, 9312, 9313, 9314, and 9317 as amended and sections 9338 and 9601 as added by 2000 PA 348, sections 2A514 and 2A526 as added by 1992 PA 101, and section 4104 as amended by 1998 PA 278, and by adding section 7106 and part 7.

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. 161 Yeas—37

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 Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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:

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5083, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 9105, 9307, 9311, 9316, 9326, 9406, 9408, 9502, 9503, 9507, 9515, 9516, 9518, 9521, and 9607 (MCL 440.9105, 440.9307, 440.9311, 440.9316, 440.9326, 440.9406, 440.9408, 440.9502, 440.9503, 440.9507, 440.9515, 440.9516, 440.9518, 440.9521, and 440.9607), sections 9105, 9307, 9316, 9406, 9408, 9502, 9503, and 9507 as amended and sections 9326, 9518, and 9607 as added by 2000 PA 348, section 9311 as amended by 2005 PA 25, and sections 9515, 9516, and 9521 as amended by 2008 PA 383, and by adding part 8 to article 9; 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. 162 Yeas—37

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 Jansen Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Johnson

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:

The Senate agreed to the full title.

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 Assistant President pro tempore, Senator Hansen, designated Senator Jansen as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 349, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17.

Substitute (S-2).

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

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

Senate Bill No. 713, entitled

A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending sections 2 and 3 (MCL 445.402 and 445.403), section 2 as amended by 2008 PA 432 and section 3 as amended by 2006 PA 675.

Substitute (S-1).

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

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Whitmer, Gleason, Smith, Young, Bieda, Warren, Hunter, Gregory, Johnson, Hopgood and Hood introduced

Senate Bill No. 1041, entitled

A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 2 (MCL 15.232), as amended by 1996 PA 553.

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

Senators Gleason, Whitmer, Young, Smith, Bieda, Warren, Anderson, Gregory, Johnson, Hopgood and Hood introduced

Senate Bill No. 1042, entitled

A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 6a (MCL 4.416a), as added by 1994 PA 383.

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

Senators Nofs, Kahn, Caswell and Jones introduced

Senate Bill No. 1043, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2559 (MCL 600.2559), as amended by 2003 PA 243.

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

Senator Proos introduced

Senate Bill No. 1044, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 1999 PA 8.

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

Senator Gleason introduced

Senate Bill No. 1045, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40111 and 81133 (MCL 324.40111 and 324.81133), section 40111 as added by 1995 PA 57 and section 81133 as amended by 2008 PA 365.

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

Senators Hildenbrand, Rocca, Jones, Bieda, Kowall, Pavlov, Nofs and Emmons introduced

Senate Bill No. 1046, entitled

A bill to amend 2002 PA 712, entitled “Michigan Amber alert act,” (MCL 28.751 to 28.754) by amending the title, as amended by 2005 PA 205; and by adding section 5.

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

Senators Hildenbrand, Rocca, Jones, Kowall, Pavlov, Nofs and Emmons introduced

Senate Bill No. 1047, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2010 PA 346.

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

Senators Casperson, Nofs, Kowall, Proos, Meekhof, Schuitmaker and Walker introduced

Senate Bill No. 1048, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2010 PA 160.

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

House Bill No. 4803, entitled

A bill to authorize the state administrative board to transfer or convey a certain parcel of state-owned property of approximately 6 acres in Wayne county; to prescribe conditions for the transfer or conveyance; to create a state fairgrounds sale advisory committee; to provide for certain powers and duties of certain state departments and agencies in regard to the property; to provide for disposition of revenue derived from the conveyance of the property; and to provide for the disposal of fixtures and equipment on the property.

The House of Representatives has passed the bill by a 2/3 vote.

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

Statements

Senators Whitmer, Bieda and Richardville asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Whitmer’s statement is as follows:

Last night, in a ruling issued under the cover of dark, the Michigan Supreme Court drove a nail into the coffin of Abraham Lincoln’s ideal of government by the people, for the people, of the people—by the people and for the people. Their 4-3 vote to throw out the rule of law and allow a grossly political and unconstitutional redistricting law to take effect shows that not only our legislative and executive branches are being run as political operations of the Michigan Republican Party, but that infestation of the party above people ideology has sadly corrupted our judicial branch as well.

The Supreme Court had a great chance to defend the Constitution, and they took a pass when they defended the Republican Party instead of the rights of the people of our state. Every one of us should be saddened by that result, even if you did like the outcome, because this victory came at a cost. If they are the party of principle, if defending our Constitution truly is a cornerstone of any political party or tea party here in the state of Michigan, that split decision should sadden and scare the heck out of everybody. It weakened our Constitution, and it weakened the rights of the people of our state.

Senator Bieda’s statement is as follows:

I rise, actually, to acknowledge and to ask my colleagues to join me in wishing former Governor Bill Milliken a very happy 90th birthday, yesterday. He was the longest-serving Governor in Michigan history. I think he set the standard for civility and nonpartisanship in this state that we haven’t really seen in a long time.

I want to wish him a very, very long life; a very healthy and happy birthday. I ask my colleagues to join me in wishing the former Governor a very happy 90th birthday.

Senator Richardville’s statement is as follows:

Colleagues, today we mourn the death of MIRS Chairman John H. Reurink, who passed away last week after a brave battle with cancer. John served Michigan as a state official for more than 30 years, working in a variety of posts under four Governors. He was a native of Grand Rapids and earned a bachelor’s degree in political science from Calvin College and his master’s degree in political science from Michigan State University.

He started working in the State Budget Office back in 1964 as an analyst during Governor George Romney’s administration. In 1972, John became deputy director of the Department of Commerce under Governor Milliken. When Governor Blanchard took office, he asked John to assume the position of director of Management Services, which he did. Finally, he returned as deputy director of the Department of Commerce under Governor John Engler. In 1995, John was appointed the special advisor to State Superintendent Art Ellis, and in 1996, he became the Associate Superintendent of Public Instruction until he retired in May 1998.

Following his long and illustrious career in state government, John joined his son John T. Reurink as a co-owner of MIRS back in 1999. Since then, his advice and guidance has helped to shape MIRS.

Please join me in a moment of silence for John H. Reurink, a true public servant.

A moment of silence was observed in the memory of MIRS Chairman John H. Reurink.

Committee Reports

The Committee on Agriculture reported

House Bill No. 4751, entitled

A bill to amend 1972 PA 344, entitled “Agricultural marketing and bargaining act,” by amending sections 2, 2a, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 (MCL 290.702, 290.702a, 290.703, 290.704, 290.705, 290.706, 290.707, 290.708, 290.709, 290.710, 290.711, 290.712, 290.713, 290.714, 290.715, 290.716, 290.717, 290.718, 290.719, 290.720, 290.721, 290.722, 290.723, 290.724, and 290.725), sections 3 and 17 as amended by 1980 PA 195.

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Agriculture reported

House Bill No. 5206, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” (MCL 290.651 to 290.674) by adding section 18b.

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Agriculture reported

House Bill No. 5207, entitled

A bill to repeal 1961 PA 70, entitled “Seal of quality act,” (MCL 289.631 to 289.646).

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Agriculture reported

House Bill No. 5208, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” (MCL 290.601 to 290.634) by adding section 35.

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Agriculture reported

House Bill No. 5209, entitled

A bill to amend 1927 PA 89, entitled “An act to promote the agricultural and industrial interests in the Upper Peninsula of Michigan; to create a board of managers for a state fair in the Upper Peninsula; to define the powers and duties thereof; to provide immunity from personal liability for members of the board of managers and its chief administrative officer for action taken in their official capacity; to provide for the transferring to and vesting in the state of Michigan or the people thereof, the title and control of all lands and other property that now is or hereafter may be owned or acquired in the Upper Peninsula for the purpose of holding and conducting an agricultural and industrial state fair; to authorize the leasing or licensed use of facilities for certain purposes, including bingo; to permit and regulate games of skill at the Upper Peninsula state fair; and to provide for an appropriation therefor,” (MCL 285.141 to 285.145) by adding section 6.

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Agriculture reported

House Bill No. 5210, entitled

A bill to amend 1965 PA 232, entitled “Agricultural commodities marketing act,” (MCL 290.651 to 290.674) by adding section 18a.

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Agriculture reported

House Bill No. 5211, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” (MCL 285.61 to 285.88) by adding section 29.

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Agriculture reported

House Bill No. 5212, entitled

A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” (MCL 286.201 to 286.228) by adding section 23b.

With the recommendation that the bill pass.

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

Joe Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Meeting held on Thursday, March 22, 2012, at 9:00 a.m., Room 110, Farnum Building

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

The Committee on Natural Resources, Environment and Great Lakes reported

Senate Bill No. 59, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5m, 5o, 6a, and 8 (MCL 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425m, 28.425o, 28.426a, and 28.428), section 2a as amended by 2010 PA 210, section 4 as added by 1992 PA 219, sections 5, 5a, 5e, 5k, and 5m as added by 2000 PA 381, sections 5b, 5l, and 8 as amended by 2008 PA 406, sections 5c and 5d as amended by 2002 PA 719, section 5f as amended by 2008 PA 194, section 5j as amended by 2004 PA 254, section 5o as amended by 2008 PA 407, and section 6a as amended by 1991 PA 34, and by adding section 5x.

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

Thomas A. Casperson

Chairperson

To Report Out:

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

Nays: Senator Hood

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

The Committee on Natural Resources, Environment and Great Lakes reported

House Bill No. 4207, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5512 and 11522 (MCL 324.5512 and 324.11522); and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Thomas A. Casperson

Chairperson

To Report Out:

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

Nays: Senators Warren and Hood

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

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources, Environment and Great Lakes submitted the following:

Meeting held on Thursday, March 22, 2012, at 9:00 a.m., Room 210, Farnum Building

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

The Committee on Economic Development reported

House Bill No. 4552, entitled

A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending sections 161, 372, 625, and 891 (MCL 418.161, 418.372, 418.625, and 418.891), sections 161 and 625 as amended by 2011 PA 266 and section 372 as added by 1980 PA 357.

With the recommendation that the bill be referred to the Committee on Reforms, Restructuring and Reinventing.

Michael W. Kowall

Chairperson

To Report Out:

Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hansen and Hunter

Nays: None

The bill was referred to the Committee on Reforms, Restructuring and Reinventing.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Thursday, March 22, 2012, at 1:30 p.m., Room 210, Farnum Building

Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons, Hansen and Hunter

Excused: Senator Smith

The Committee on Health Policy reported

House Bill No. 5131, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 17702, 17703, 17708, 17751, 17754, and 17763 (MCL 333.7405, 333.17702, 333.17703, 333.17708, 333.17751, 333.17754, and 333.17763), sections 7405, 17708, 17751, and 17763 as amended by 2011 PA 155 and sections 17702 and 17703 as amended and section 17754 as added by 2006 PA 672, and by adding section 17744.

With the recommendation that the bill pass.

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

James A. Marleau

Chairperson

To Report Out:

Yeas: Senators Marleau, Robertson, Emmons, Hune, Jones, Schuitmaker, Warren and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Thursday, March 22, 2012, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Marleau (C), Robertson, Emmons, Hune, Jones, Schuitmaker, Warren and Gleason

The Committee on Appropriations reported

House Bill No. 4289, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood and Hopgood

Nays: None

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

The Committee on Appropriations reported

House Bill No. 5364, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects and for certain state departments and agencies for the fiscal year ending September 30, 2012; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

With the recommendation that the bill pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood and Hopgood

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Thursday, March 22, 2012, at 10:57 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Kahn (C), Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood, Hopgood and Johnson

COMMITTEE ATTENDANCE REPORT

The Senate Fiscal Agency Board of Governors submitted the following:

Meeting held on Thursday, March 22, 2012, at 9:00 a.m., Room S-324, Capitol Building

Present: Senators Kahn (C), Caswell and Anderson

Excused: Senators Richardville and Whitmer

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Thursday, March 22, 2012, at 1:18 p.m., Room 110, Farnum Building

Present: Senators Rocca (C), Jones, Hune, Pavlov and Warren

Excused: Senators Meekhof and Johnson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, March 22, 2012, at 1:30 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Jansen (C) and Proos

Excused: Senator Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Community Health submitted the following:

Meeting held on Thursday, March 22, 2012, at 2:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Moolenaar (C), Caswell, Booher and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on State Police and Military Affairs submitted the following:

Meeting held on Thursday, March 22, 2012, at 3:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Colbeck (C) and Pappageorge

Excused: Senator Gregory

Scheduled Meetings

Appropriations - Wednesday, March 28, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1760)

Subcommittees -

Community Colleges - Wednesday, March 28, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Health Department - Thursday, March 29, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

General Government - Wednesday, March 28, 4:00 p.m. or later immediately following Transportation Subcommittee meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Higher Education - Thursday, March 29, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768)

K-12, School Aid, Education - Wednesday, March 28, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Licensing and Regulatory Affairs Department - Thursday, March 29, 1:30 p.m., Room 405, Capitol Building (373-2768)

Retirement - Thursday, March 29, 3:30 p.m. and Wednesday, April 11, 10:00 a.m. and 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

State Police and Military Affairs - Thursday, March 29, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Transportation - Wednesday, March 28, 3:00 p.m. or later immediately following Appropriations meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Banking and Financial Institutions - Thursday, March 29, 1:30 p.m., Room 100, Farnum Building (373-5324)

Families, Seniors and Human Services - Wednesday, March 28, 3:00 p.m., Room 210, Farnum Building (373-5324)

Outdoor Recreation and Tourism - Thursday, March 29, 12:30 p.m., Room 210, Farnum Building (373-5323)

Reforms, Restructuring and Reinventing - Wednesday, March 28, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-5307)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 11:03 a.m.

The Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Wednesday, March 28, 2012, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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