No. 24

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2014

Senate Chamber, Lansing, Thursday, March 6, 2014.

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.

Ananich—present Hood—present Pappageorge—present

Anderson—present Hopgood—present Pavlov—present

Bieda—present Hune—present Proos—present

Booher—present Hunter—present Richardville—present

Brandenburg—present Jansen—present Robertson—present

Casperson—present Johnson—present Rocca—present

Caswell—present Jones—present Schuitmaker—present

Colbeck—present Kahn—present Smith—present

Emmons—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Reverend Dr. Robert Emrich of First Presbyterian Church of Saginaw offered the following invocation:

Gracious God, Creator and Sustainer of the universe, as these men and women gather as the Senate of the state of Michigan, may Your guiding providential hand and Your watchful eye lead these persons in their deliberations and their work. Grant them wisdom and courage for the living of this and every day. Bless each one of these Senators with a keen sense of the sacrifices of the past that have led to the accomplishments of the present.

With these things in mind, may these Senators, in concert with the members of the House and Governor Snyder, plan and legislate for the best possible outcomes for the future of our beloved state. To these Senators and to each and every one who has taken the oath of public office, may they be constantly aware of that oath and the sacred trust they hold for all the citizens of Michigan.

To each person gathered here, grant Your care and ministrations to help them deal with whatever cares or burdens they may be bearing. Heal not just our physical bodies, but also the body politic from our divisions and strife. To our work, may we now attend wherein we may decently and orderly go about not just our business, but rather the people’s business.

Accept then, gracious loving God, our prayer for this day; for to You alone be the glory now and forever. Amen.

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

Motions and Communications

Senators Kahn, Walker and Hopgood entered the Senate Chamber.

The following communication was received and read:

Office of the Senate Majority Leader

March 6, 2014

Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 839 from the Senate Committee on Education to the Senate Committee on Economic Development.

Should you have any questions regarding this matter, please do not hesitate to contact me.

Sincerely,

Randy Richardville

Senate Majority Leader

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 5:

House Bill Nos. 4295 5136 5345 5346 5347 5348 5349 5350 5351 5352

The Secretary announced that the following bills were printed and filed on Wednesday, March 5, and are available at the Michigan Legislature website:

Senate Bill Nos. 839 840 841 842 843 844 845 846 847 848 849 850 851

House Bill Nos. 5379 5380 5381 5382 5383 5384 5385 5386 5387 5388 5389

Senator Hopgood moved that Senators Hood and Young be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Recess

Senator Meekhof moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 10:05 a.m.

10:16 a.m.

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

During the recess, Senators Hood, Green and Young entered the Senate Chamber.

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

The motion prevailed.

Senator Proos’ statement is as follows:

To my colleagues, the staff, and friends here on the floor, I have a very special presentation today. Every day we come to this chamber, we in our hurried lives make our way to this chamber to handle the business of this state. Mr. President, we sometimes forget that we are all Americans when we walk in this door every day, representing Americans, and we have the chance today to welcome a member of my staff who is, in fact, a new American. Inna Mirzoyan joins us today.

Inna was an intern in my office. I didn’t know this story until last week after we had hired her in a part-time position, and she announced that she wouldn’t be coming in on Thursday. Why didn’t she come in on Thursday? Because she was going to be sworn in as a new American citizen. That is not a small thing to any one of us in this chamber.

To add to that story, Mr. President, Inna is not only a new American citizen, but she comes to us originally from Azerbaijan, and then at 4 years old as a Ukrainian citizen, she came to the United States of America with her parents. As Ukraine is in the news, as issues of immigration are vexing to those of us in public life, vexing to those folks in Washington, D.C., trying to address big issues, we today get to say welcome to our fellow American citizen, Inna Mirzoyan, a member of this Senate staff and my office, but most importantly, a member of our tradition, our great American society.

If we could all welcome and say thank you to our new American citizen, Inna Mirzoyan, who joins us in the west Gallery today.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

House Bill No. 4810, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2013 PA 140.

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. 648, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 2705, and 2711 (MCL 333.2701, 333.2705, and 333.2711), as added by 1990 PA 16.

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. 649, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2707 and 2723 (MCL 333.2707 and 333.2723), as added by 1990 PA 16.

Substitute (S-1).

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

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

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 608, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, and the judicial branch for the fiscal year ending September 30, 2014; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The House of Representatives has appointed Reps. Haveman, Pscholka and Tlaib as conferees to join with Sens. Kahn, Moolenaar and Anderson.

The bill was referred to the Conference Committee on March 5, 2014.

Senate Bill No. 437, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending sections 5, 7, and 9 (MCL 124.505, 124.507, and 124.509), section 5 as amended by 2011 PA 263 and section 7 as amended by 2002 PA 445.

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:

Senate Bill No. 472

Senate Bill No. 667

Senate Bill No. 668

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 472, entitled

A bill to amend 1990 PA 345, entitled “State survey and remonumentation act,” by amending the title and sections 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 (MCL 54.262, 54.263, 54.264, 54.266, 54.267, 54.268, 54.269, 54.270, 54.271, 54.272, 54.273, 54.274, 54.275, 54.276, and 54.277), sections 2 and 12 as amended by 2010 PA 260, section 6 as amended by 1998 PA 5, section 8 as amended by 2002 PA 489, and section 11 as amended by 2006 PA 76, and by adding sections 9a, 9b, and 17a.

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. 79 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 667, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending section 2 (MCL 722.642), as amended by 2006 PA 236.

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. 80 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senators Booher, Brandenburg, Casperson, Emmons, Hildenbrand, Hune, Johnson, Moolenaar, Richardville, Robertson, Rocca and Walker were named co‑sponsors of the bill.

The following bill was read a third time:

Senate Bill No. 668, entitled

A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1 and 4 (MCL 722.641 and 722.644), as amended by 2006 PA 236.

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. 81 Yeas—38

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senators Ananich, Booher, Brandenburg, Casperson, Hildenbrand, Johnson, Moolenaar, Richardville and Rocca were named co‑sponsors of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 34

The motion prevailed.

Senators Hildenbrand, Richardville, Jones, Rocca, Marleau, Hune, Brandenburg, Kowall, Robertson, Jansen, Booher, Emmons, Casperson, Meekhof, Schuitmaker, Moolenaar, Green, Walker, Caswell, Nofs, Colbeck, Pavlov, Proos, Pappageorge and Hansen offered the following resolution:

Senate Resolution No. 122.

A resolution to urge the Congress of the United States and the U.S. Army Corps of Engineers to use the structured expert judgment method to assess the alternatives to prevent movement of aquatic invasive species proposed in the Great Lakes and Mississippi River Interbasin Study Report.

Whereas, The artificial connection between the Great Lakes and the Mississippi River basins in the Chicago area is a major pathway for Asian carp and other aquatic invasive species (AIS) to spread from one basin to the other. In the past, zebra mussels and other AIS have used the Chicago Area Waterway System to spread from the Great Lakes to the Mississippi River basin, causing billions of dollars in economic damage. As Asian carp stand on the brink of the Great Lakes, it has become imperative that we arrive at solutions for this problem; and

Whereas, The U.S. Army Corps of Engineers recently completed the Great Lakes and the Mississippi River Interbasin Study (GLMRIS) Report to assess the feasibility of different options to prevent AIS from spreading between the Great Lakes and Mississippi River basins. The Army Corps of Engineers proposed eight alternatives to address the problem, ranging from complete hydrologic separation of the two basins to maintaining the status quo. Despite the study’s scope, it has generated far more questions than it has answered, and a great deal of uncertainty remains; and

Whereas, Researchers from the University of Notre Dame, the University of Strathclyde, and the U.S. Forest Service have applied a novel method, structured expert judgment (SEJ), to the Asian carp problem. Using this method, they have quantified the effectiveness of 17 different strategies to prevent Asian carp from moving through the Chicago Area Waterway System and clearly identified hydrologic separation as the most effective strategy. Structured expert judgment holds great promise to clarify quickly and decisively the uncertainties surrounding the eight alternatives proposed by the U.S. Army Corps of Engineers; and

Whereas, We do not have the luxury to study for years, using more traditional methods, the options to prevent the spread of AIS from one basin to the other. We must move towards action before it is too late, and decision-makers need clear and easily understood data to cut through the sea of opinions and uncertainty to make wise and responsible decisions; now, therefore, be it

Resolved by the Senate, That we urge the Congress of the United States and the U.S. Army Corps of Engineers to use the structured expert judgment method to assess the alternatives to prevent movement of aquatic invasive species proposed in the Great Lakes and Mississippi River Interbasin Study Report; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the Commander of the U.S. Army Corps of Engineers - Chicago District, and the Commanding General of the U.S. Army Corps of Engineers.

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 question being on the adoption of the resolution,

Senator Meekhof moved that the resolution be referred to the Committee on Natural Resources, Environment and Great Lakes.

The motion prevailed.

Introduction and Referral of Bills

Senator Johnson introduced

Senate Bill No. 852, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2012 PA 490.

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

Senators Jones, Hune, Marleau, Schuitmaker, Bieda, Robertson, Hopgood, Jansen, Hildenbrand, Ananich, Smith, Booher, Emmons, Kowall, Green, Warren, Rocca, Meekhof, Young, Moolenaar, Hansen, Johnson, Brandenburg and Pappageorge introduced

Senate Bill No. 853, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 55A.

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

Senator Marleau introduced

Senate Bill No. 854, entitled

A bill to amend 1943 PA 20, entitled “An act relative to the investment of funds of public corporations of the state; and to validate certain investments,” by amending section 7 (MCL 129.97), as added by 2008 PA 220.

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

House Bill No. 4295, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 20g, 21f, 22a, 22b, 22g, 51a, 51c, 99h, 101, and 147c (MCL 388.1611, 388.1611m, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622g, 388.1651a, 388.1651c, 388.1699h, 388.1701, and 388.1747c), sections 11 and 22a as amended and section 20g as added by 2013 PA 97, sections 11m, 22b, 22g, 51a, 51c, 101, and 147c as amended and section 99h as added by 2013 PA 60, and section 21f as amended by 2013 PA 130, and by adding sections 31b, 31g, 32r, 64d, and 94.