No. 33

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2014

Senate Chamber, Lansing, Thursday, March 27, 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—excused 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

Pastor Roger Homrich of Elevate Church of Monroe offered the following invocation:

Dear heavenly Father, we bow before You in humility. We approach You in awe and with reverence for Your holy name. Although we cannot understand the depths of Your ways, there is still so much You share through Your word, for You once said that You would bear a nation, and You did. You chose the elderly and barren Sarah, its mother. You said You would free Your children from oppression in Egypt, but You commissioned a murderer as their deliverer. You appointed the people, there promised a King, and anointed the impoverished Mary to raise Him. You proclaimed Jesus to be a victor, though the Romans would hang Him. But He prophesied as well that He would rise, and He, indeed, is risen. He commissioned mere fishermen to claim dominion over nations. So they went from Judea to Samaria and then on to Rome, where the symbol of the cross, which He once hung upon, was soon hung upon the top of each building in the capital that once put Him to death.

From Europe, across the unknown, to a mysterious new world, Pilgrims and Puritans marched across mountains to the lakes of this territory we call Michigan, where we stand here today. Your will is still carried upon the backs of Your chosen, on the breast of the least expected, and in the hands of the undeserving; for You even elect those who oppose You, and still, Father, Your will moves forward. Although Your ways exceed our understanding, our praying here tells us You’re faithful and that Your will shall never be defeated. It shall always come to pass, and it shall do so through us or in spite of us.

So, Father, we seek and submit to Your ways. May You guide this great generation. May we be moved to lay down our lives like Your Son did for all of creation. May we be brave enough to do for our children what we wish someone had done for us. Give us wisdom, O God. Give us discernment. Give us compassion, Lord, but above all, give us courage to take You at Your word. May You give us the strength to believe that the riches of heaven are greater than the riches of earth; that the lowly shall be exalted and the exalted brought low.

Father, may we all live in the light of Your glorious grace, and may our lives provide a glimpse into heaven, especially for those now living in hell. May we be the ones that You choose. May we be Your holy elect.

We pray these words in the name of Your Son, Father, our example, our Savior, who lowered Himself so that we may be brought high. It’s in the name of Jesus that we pray. Amen.

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

Motions and Communications

Senators Kahn and Green entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Senator Meekhof moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

Senator Schuitmaker 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:

House Bill No. 4478

House Bill No. 5152

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.

10:47 a.m.

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

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

The following communication was received and read:

Office of the Auditor General

March 25, 2014

Enclosed is a copy of the following audit report:

Performance audit of the Michigan Public Service Commission, Department of Licensing and Regulatory Affairs.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, March 26:

House Bill No. 5248

The Secretary announced that the following bills were printed and filed on Wednesday, March 26, and are available at the Michigan Legislature website:

House Bill Nos. 5421 5422 5423 5424 5425 5426 5427

Messages from the Governor

The following messages from the Governor were received:

Date: March 25, 2014

Time: 2:38 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 329 (Public Act No. 45), being

An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 605 (MCL 436.1605).

(Filed with the Secretary of State on March 25, 2014, at 4:12 p.m.)

Date: March 25, 2014

Time: 2:40 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 504 (Public Act No. 46), being

(Filed with the Secretary of State on March 25, 2014, at 4:14 p.m.)

Date: March 25, 2014

Time: 2:42 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 505 (Public Act No. 47), being

(Filed with the Secretary of State on March 25, 2014, at 4:16 p.m.)

Date: March 25, 2014

Time: 2:44 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 506 (Public Act No. 48), being

(Filed with the Secretary of State on March 25, 2014, at 4:18 p.m.)

Date: March 25, 2014

Time: 2:46 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 507 (Public Act No. 49), being

(Filed with the Secretary of State on March 25, 2014, at 4:20 p.m.)

Date: March 25, 2014

Time: 2:48 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 650 (Public Act No. 50), being

(Filed with the Secretary of State on March 25, 2014, at 4:22 p.m.)

Date: March 25, 2014

Time: 2:50 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 636 (Public Act No. 52), being

An act to amend 1991 PA 179, entitled “An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 103, 304, 310, 313, 317, 320, and 502 (MCL 484.2103, 484.2304, 484.2310, 484.2313, 484.2317, 484.2320, and 484.2502), sections 103, 304, 313, and 502 as amended by 2011 PA 58, section 310 as amended by 2009 PA 182, section 317 as amended by 2005 PA 235, and section 320 as added by 1995 PA 216.

(Filed with the Secretary of State on March 25, 2014, at 4:26 p.m.)

Date: March 25, 2014

Time: 2:52 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 711 (Public Act No. 53), being

An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 4d (MCL 205.54d), as amended by 2008 PA 556.

(Filed with the Secretary of State on March 25, 2014, at 4:28 p.m.)

Date: March 25, 2014

Time: 2:54 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 735 (Public Act No. 54), being

An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 4z (MCL 205.94z), as added by 2008 PA 555.

(Filed with the Secretary of State on March 25, 2014, at 4:30 p.m.)

Date: March 25, 2014

Time: 2:56 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 276 (Public Act No. 51), being

An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 57f (MCL 400.57f), as amended by 2011 PA 132.

(Filed with the Secretary of State on March 25, 2014, at 4:24 p.m.)

Date: March 25, 2014

Time: 2:58 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 389 (Public Act No. 55), being

An act to amend 2001 PA 181, entitled “An act to authorize the board of a school district to award high school diplomas to World War II veterans and Korean conflict veterans under certain circumstances; and to prescribe duties and responsibilities of certain state officers and officials,” by amending section 1 (MCL 35.341), as amended by 2003 PA 203.

(Filed with the Secretary of State on March 25, 2014, at 4:32 p.m.)

Respectfully,

Rick Snyder

Governor

By unanimous consent the Senate returned to the order of

Motions and Communications

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

The motion prevailed.

Senator Richardville’s statement is as follows:

Joel Freeman began working in the Legislature back in 2009, first in the House of Representative as a Tax Policy advisor and joined the Senate majority legal team just last year. While his time with the Senate has been short, we are grateful for the legal advice he has provided, both to me and also to the rest of the caucus. His public service extends way beyond the Legislature. He served as a Kent County commissioner at one point in his career.

In his spare time—and I’m sure that Teri wrote this—he can be found cheering on the Spartans and spending time with his wife Christine and his daughter Annabelle. Joel, we want to give you this Special Tribute, and thank you for your service to the Michigan Senate. We wish you the best as you move forward.

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 Hopgood 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 bills:

House Bill No. 5155, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8311 and 8511 (MCL 600.8311 and 600.8511), section 8511 as amended by 2008 PA 95; and to repeal acts and parts of acts.

House Bill No. 4781, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 306 (MCL 257.306), as amended by 2011 PA 159.

House Bill No. 5119, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 4A108 (MCL 440.4608), as added by 1992 PA 100.

The bills were placed on the order of Third Reading of Bills.

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

House Bill No. 4478, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 500 and 501 (MCL 168.500 and 168.501), section 501 as amended by 2005 PA 71, and by adding sections 19 and 755a.

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:

House Bill No. 5152, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 209, 239, 269, 311, 370, 370a, 386, 388, 409l, 424, 444, 467m, 509gg, and 544c (MCL 168.209, 168.239, 168.269, 168.311, 168.370, 168.370a, 168.386, 168.388, 168.409l, 168.424, 168.444, 168.467m, 168.509gg, and 168.544c), sections 209, 239, and 269 as amended by 1990 PA 7, section 311 as amended by 2004 PA 289, sections 370 and 509gg as amended by 2005 PA 71, section 370a as amended by 1990 PA 83, sections 386 and 388 as added by 2012 PA 586, sections 409l, 424, 444, and 467m as amended by 1999 PA 218, and section 544c as amended by 2002 PA 431.

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. 5154, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1, 4, 7, 11a, 11b, and 13 of chapter VI (MCL 766.1, 766.4, 766.7, 766.11a, 766.11b, and 766.13), section 4 as amended by 1994 PA 167, section 11a as added by 2004 PA 20, and section 11b as added by 2007 PA 89.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 6, line 13, after “A” by inserting “CERTIFIED”.

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.

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:

House Bill No. 5119

House Bill No. 4478

House Bill No. 5152

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. 4907

House Bill No. 4908

House Bill No. 4646

House Bill No. 4647

House Bill No. 4648

House Bill No. 5282

Senate Bill No. 853

House Bill No. 4865

House Bill No. 5119

House Bill No. 4478

House Bill No. 5152

The motion prevailed.

The following bill was read a third time:

House Bill No. 4907, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 78 and 79 (MCL 750.78 and 750.79), as amended by 2012 PA 533.

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—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

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. 4908, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16c of chapter XVII (MCL 777.16c), as amended by 2013 PA 124; 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. 158 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

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.

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

House Bill No. 4646

The motion prevailed.

The following bill was read a third time:

House Bill No. 4647, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 56 of chapter X (MCL 710.56), as amended by 2004 PA 487.

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

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 Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

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

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

“An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4648, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 39 of chapter X (MCL 710.39), as amended by 1998 PA 94.

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

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 Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

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. 5282, entitled

A bill to create the security act for nuclear energy; and to clarify the rights and duties of officers providing security at nuclear generating facilities.

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

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 Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

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.

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

Senate Bill No. 853

The motion prevailed.

The following bill was read a third time:

House Bill No. 4865, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 216.

The question being on the passage of the bill,

Senator Marleau offered the following amendments:

1. Amend page 9, line 27, after “FACILITY.” by striking out “IF” and inserting “HOWEVER, IF”.

2. Amend page 10, line 1, after “OPERATOR” by striking out “SHALL” and inserting “MAY”.

3. Amend page 10, line 3, after “HOME” by inserting “IN LIEU OF ANY OTHER REQUIRED CONSENT”.

The amendments were 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. 162 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

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. 5119, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 4A108 (MCL 440.4608), as added by 1992 PA 100.

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. 163 Yeas—36

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green Jones Proos Young

Nays—0

Excused—1

Jansen

Not Voting—1

Brandenburg

In The Chair: President

Senator Meekhof moved to reconsider the vote by which the bill was passed.

The motion prevailed, 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. 164 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

Senator Meekhof moved that the bill be given immediate effect.

The motion prevailed, 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. 4478, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 32, 500, and 501 (MCL 168.32, 168.500, and 168.501), section 32 as amended by 2012 PA 276 and section 501 as amended by 2005 PA 71, and by adding sections 19 and 755a.

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. 165 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5152, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 209, 239, 269, 311, 370, 370a, 386, 388, 409l, 424, 444, 467m, 509gg, 544c, 558, and 659 (MCL 168.209, 168.239, 168.269, 168.311, 168.370, 168.370a, 168.386, 168.388, 168.409l, 168.424, 168.444, 168.467m, 168.509gg, 168.544c, 168.558, and 168.659), sections 209, 239, and 269 as amended by 1990 PA 7, section 311 as amended by 2004 PA 289, sections 370 and 509gg as amended by 2005 PA 71, section 370a as amended by 1990 PA 83, sections 386 and 388 as added and sections 558 and 659 as amended by 2012 PA 586, sections 409l, 424, 444, and 467m as amended by 1999 PA 218, and section 544c as amended by 2002 PA 431.

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. 166 Yeas—34

Anderson Gregory Kahn 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

Emmons Johnson Pavlov Young

Green Jones

Nays—3

Ananich Smith Warren

Excused—1

Jansen

Not Voting—0

In The Chair: President

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 returned to consideration of the following bill:

House Bill No. 4646, entitled

A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 23d, 29, and 44 of chapter X (MCL 710.23d, 710.29, and 710.44), section 23d as amended by 2004 PA 487 and sections 29 and 44 as amended by 1996 PA 409.

The above bill was read a third time.

The question being on the passage of the bill,

Senator Warren offered the following substitute:

Substitute (S-3).

The substitute was 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 substitute was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 167 Yeas—11

Ananich Gregory Johnson Whitmer

Anderson Hood Smith Young

Bieda Hopgood Warren

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Hunter Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—1

Jansen

Not Voting—0

In The Chair: President

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. 168 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

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 returned to consideration of the following bill:

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 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. 169 Yeas—37

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Johnson Pavlov Whitmer

Emmons Jones Proos Young

Green

Nays—0

Excused—1

Jansen

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

Messages from the House

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

House Bill No. 4369

The motion prevailed.

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.

The House of Representatives has substituted (H-4) the Senate substitute (S-1).

The House of Representatives has concurred in the Senate substitute (S-1) as substituted (H-4) and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” 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 25h, 31b, 32r, 64d, and 94.

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 substitute made to the Senate substitute,

Senator Hopgood offered the following amendments to the House substitute:

1. Amend page 4, following line 22, by inserting:

“Sec. 20. (1) For 2013-2014, the basic foundation allowance is $8,049.00.

(2) The amount of each district’s foundation allowance shall be calculated as provided in this section, using a basic foundation allowance in the amount specified in subsection (1).

(3) Except as otherwise provided in this section, the amount of a district’s foundation allowance shall be calculated as follows, using in all calculations the total amount of the district’s foundation allowance as calculated before any proration:

(a) For a district that had a foundation allowance for the immediately preceding state fiscal year that was at least equal to the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest foundation allowance among all districts, but less than the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance in an amount equal to the sum of the greater of $6,966.00 or the district’s foundation allowance for the immediately preceding state fiscal year plus the difference between twice the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance and [(the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance minus $10.00) times (the difference between the district’s foundation allowance for the immediately preceding state fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest foundation allowance among all districts) divided by the difference between the basic foundation allowance for the current state fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest foundation allowance among all districts]. For 2011-2012, for a district that had a foundation allowance for the immediately preceding state fiscal year that was at least equal to the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest foundation allowance among all districts, but less than the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance in an amount equal to the district’s foundation allowance for 2010-2011, minus $470.00. However, the foundation allowance for a district that had less than the basic foundation allowance for the immediately preceding state fiscal year shall not exceed the basic foundation allowance for the current state fiscal year.

(b) Except as otherwise provided in this subsection, for a district that in the immediately preceding state fiscal year had a foundation allowance in an amount at least equal to the amount of the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance for 2011-2012 in an amount equal to the district’s foundation allowance for 2010-2011, minus $470.00.

(c) Except as otherwise provided in subdivision (d), for a district that in the 1994-95 state fiscal year had a foundation allowance greater than $6,500.00, the district’s foundation allowance is an amount equal to the sum of the district’s foundation allowance for the immediately preceding state fiscal year plus the lesser of the increase in the basic foundation allowance for the current state fiscal year, as compared to the immediately preceding state fiscal year, or the product of the district’s foundation allowance for the immediately preceding state fiscal year times the percentage increase in the United States consumer price index in the calendar year ending in the immediately preceding fiscal year as reported by the May revenue estimating conference conducted under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b. Except as otherwise provided in subdivision (d), for 2011-2012, for a district that in the 1994-1995 state fiscal year had a foundation allowance greater than $6,500.00, the district’s foundation allowance is an amount equal to the district’s foundation allowance for the 2010-2011 fiscal year minus $470.00.

(d) For a district that in the 1994-95 state fiscal year had a foundation allowance greater than $6,500.00 and that had a foundation allowance for the 2009-2010 state fiscal year, as otherwise calculated under this section, that was less than the basic foundation allowance, the district’s foundation allowance for 2011-2012 and each succeeding fiscal year shall be considered to be an amount equal to the basic foundation allowance.

(e) For a district that has a foundation allowance that is not a whole dollar amount, the district’s foundation allowance shall be rounded up to the nearest whole dollar.

(f) For a district that received a payment under section 22c as that section was in effect for 2001-2002, the district’s 2001-2002 foundation allowance shall be considered to have been an amount equal to the sum of the district’s actual 2001-2002 foundation allowance as otherwise calculated under this section plus the per pupil amount of the district’s equity payment for 2001-2002 under section 22c as that section was in effect for 2001-2002.

(g) For a district that received a payment under section 22c as that section was in effect for 2006-2007, the district’s 2006-2007 foundation allowance shall be considered to have been an amount equal to the sum of the district’s actual 2006-2007 foundation allowance as otherwise calculated under this section plus the per pupil amount of the district’s equity payment for 2006-2007 under section 22c as that section was in effect for 2006-2007.

(h) For 2012-2013, for a district that had a foundation allowance for the 2011-2012 state fiscal year of less than $6,966.00, the district’s foundation allowance is an amount equal to $6,966.00.

(4) Except as otherwise provided in this subsection, the state portion of a district’s foundation allowance is an amount equal to the district’s foundation allowance or the basic foundation allowance for the current state fiscal year, whichever is less, minus the difference between the sum of the product of the taxable value per membership pupil of all property in the district that is nonexempt property times the district’s certified mills and, for a district with certified mills exceeding 12, the product of the taxable value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12 mills and the quotient of the ad valorem property tax revenue of the district captured under tax increment financing acts divided by the district’s membership excluding special education pupils. For a district described in subsection (3)(c), the state portion of the district’s foundation allowance is an amount equal to $6,962.00 plus the difference between the district’s foundation allowance for the current state fiscal year and the district’s foundation allowance for 1998-99, minus the difference between the sum of the product of the taxable value per membership pupil of all property in the district that is nonexempt property times the district’s certified mills and, for a district with certified mills exceeding 12, the product of the taxable value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12 mills and the quotient of the ad valorem property tax revenue of the district captured under tax increment financing acts divided by the district’s membership excluding special education pupils. For a district that has a millage reduction required under section 31 of article IX of the state constitution of 1963, the state portion of the district’s foundation allowance shall be calculated as if that reduction did not occur. For a receiving district, if school operating taxes continue to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, the taxable value per membership pupil of property in the receiving district used for the purposes of this subsection, does not include the taxable value of property within the geographic area of the dissolved district.

(5) The allocation calculated under this section for a pupil shall be based on the foundation allowance of the pupil’s district of residence. For a pupil enrolled pursuant to section 105 or 105c in a district other than the pupil’s district of residence, the allocation calculated under this section shall be based on the lesser of the foundation allowance of the pupil’s district of residence or the foundation allowance of the educating district. For a pupil in membership in a K-5, K-6, or K-8 district who is enrolled in another district in a grade not offered by the pupil’s district of residence, the allocation calculated under this section shall be based on the foundation allowance of the educating district if the educating district’s foundation allowance is greater than the foundation allowance of the pupil’s district of residence.

(6) Except as otherwise provided in this subsection, for pupils in membership, other than special education pupils, in a public school academy, the allocation calculated under this section is an amount per membership pupil other than special education pupils in the public school academy equal to the foundation allowance of the district in which the public school academy is located or the state maximum public school academy allocation, whichever is less. However, a public school academy that had an allocation under this subsection before 2009-2010 that was equal to the sum of the local school operating revenue per membership pupil other than special education pupils for the district in which the public school academy is located and the state portion of that district’s foundation allowance shall not have that allocation reduced as a result of the 2010 amendment to this subsection. Notwithstanding section 101, for a public school academy that begins operations after the pupil membership count day, the amount per membership pupil calculated under this subsection shall be adjusted by multiplying that amount per membership pupil by the number of hours of pupil instruction provided by the public school academy after it begins operations, as determined by the department, divided by the minimum number of hours of pupil instruction required under section 101(3). The result of this calculation shall not exceed the amount per membership pupil otherwise calculated under this subsection.

(7) Except as otherwise provided in this subsection, for pupils attending an achievement school and in membership in the education achievement system, other than special education pupils, the allocation calculated under this section is an amount per membership pupil other than special education pupils equal to the foundation allowance of the district in which the achievement school is located, not to exceed the basic foundation allowance. Notwithstanding section 101, for an achievement school that begins operation after the pupil membership count day, the amount per membership pupil calculated under this subsection shall be adjusted by multiplying that amount per membership pupil by the number of hours of pupil instruction provided by the achievement school after it begins operations, as determined by the department, divided by the minimum number of hours of pupil instruction required under section 101(3). The result of this calculation shall not exceed the amount per membership pupil otherwise calculated under this subsection. For the purposes of this subsection, if a public school is transferred from a district to the state school reform/redesign district or the achievement authority under section 1280c of the revised school code, MCL 380.1280c, that public school is considered to be an achievement school within the education achievement system and not a school that is part of a district, and a pupil attending that public school is considered to be in membership in the education achievement system and not in membership in the district that operated the school before the transfer.

(8) Subject to subsection (4), for a district that is formed or reconfigured after June 1, 2002 by consolidation of 2 or more districts or by annexation, the resulting district’s foundation allowance under this section beginning after the effective date of the consolidation or annexation shall be the lesser of the sum of the average of the foundation allowances of each of the original or affected districts, calculated as provided in this section, weighted as to the percentage of pupils in total membership in the resulting district who reside in the geographic area of each of the original or affected districts plus $100.00 or the highest foundation allowance among the original or affected districts. This subsection does not apply to a receiving district unless there is a subsequent consolidation or annexation that affects the district.

(9) Each fraction used in making calculations under this section shall be rounded to the fourth decimal place and the dollar amount of an increase in the basic foundation allowance shall be rounded to the nearest whole dollar.

(10) State payments related to payment of the foundation allowance for a special education pupil are not calculated under this section but are instead calculated under section 51a.

(11) To assist the legislature in determining the basic foundation allowance for the subsequent state fiscal year, each revenue estimating conference conducted under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall calculate a pupil membership factor, a revenue adjustment factor, and an index as follows:

(a) The pupil membership factor shall be computed by dividing the estimated membership in the school year ending in the current state fiscal year, excluding intermediate district membership, by the estimated membership for the school year ending in the subsequent state fiscal year, excluding intermediate district membership. If a consensus membership factor is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference.

(b) The revenue adjustment factor shall be computed by dividing the sum of the estimated total state school aid fund revenue for the subsequent state fiscal year plus the estimated total state school aid fund revenue for the current state fiscal year, adjusted for any change in the rate or base of a tax the proceeds of which are deposited in that fund and excluding money transferred into that fund from the countercyclical budget and economic stabilization fund under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid fund revenue for the current state fiscal year plus the estimated total state school aid fund revenue for the immediately preceding state fiscal year, adjusted for any change in the rate or base of a tax the proceeds of which are deposited in that fund. If a consensus revenue factor is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference.

(c) The index shall be calculated by multiplying the pupil membership factor by the revenue adjustment factor. If a consensus index is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference.

(12) For a district that received a grant under former section 32e for 2001-2002, the district’s foundation allowance for 2002-2003 and each succeeding fiscal year shall be adjusted to be an amount equal to the sum of the district’s foundation allowance, as otherwise calculated under this section, plus the quotient of 100% of the amount of the grant award to the district for 2001-2002 under former section 32e divided by the number of pupils in the district’s membership for 2001-2002 who were residents of and enrolled in the district. All of the following apply to districts receiving a foundation allowance adjustment under this subsection:

(a) Except as otherwise provided in this subdivision, a district qualifying for a foundation allowance adjustment under this subsection shall use the funds resulting from this adjustment for at least 1 of grades K to 3 for purposes allowable under former section 32e as in effect for 2001-2002. For an individual school or schools operated by a district qualifying for a foundation allowance adjustment under this subsection that have been determined by the department to meet the adequate yearly progress standards of the federal no child left behind act of 2001, Public Law 107-110, in both mathematics and English language arts at all applicable grade levels for all applicable subgroups, the district may submit to the department an application for flexibility in using the funds resulting from this adjustment that are attributable to the pupils in the school or schools. The application shall identify the affected school or schools and the affected funds and shall contain a plan for using the funds for specific purposes identified by the district that are designed to reduce class size, but that may be different from the purposes otherwise allowable under this subdivision. The department shall approve the application if the department determines that the purposes identified in the plan are reasonably designed to reduce class size. If the department does not act to approve or disapprove an application within 30 days after it is submitted to the department, the application is considered to be approved. If an application for flexibility in using the funds is approved, the district may use the funds identified in the application for any purpose identified in the plan.

(b) A SUBJECT TO SUBDIVISION (E), A district receiving an adjustment under this subsection shall not receive as a result of this adjustment an amount that exceeds 68.5% of the amount the district received as a result of this adjustment for 2010-2011.

(c) Notwithstanding subsection (8), for a district that is formed or reconfigured by consolidation of 2 or more districts, 1 of which received an adjustment under this subsection for 2012-2013, the resulting district’s foundation allowance for 2013-2014 and each succeeding fiscal year shall be adjusted to be an amount equal to the sum of the resulting district’s foundation allowance as calculated under subsection (8) excluding any adjustment calculated under this subsection plus [(the original district’s adjustment under this subsection in 2012-2013 times the number of pupils in the original district’s membership for 2012-2013) divided by the number of pupils in the resulting district’s membership for 2013-2014].

(d) Beginning in 2013-2014, for a district that received an adjustment for the immediately preceding fiscal year and that had a foundation allowance as adjusted by this subsection for the immediately preceding fiscal year equal to $6,966.00, the district shall not receive an adjustment under this section for the current fiscal year.

(E) NOTWITHSTANDING SUBDIVISION (B), IN ADDITION TO THE CALCULATIONS PROVIDED IN THIS SUBSECTION, FOR 2013-2014 ONLY, EACH DISTRICT THAT RECEIVED A GRANT UNDER FORMER SECTION 32E FOR 2001-2002 AND THAT IS RECEIVING AN ADJUSTMENT UNDER THIS SUBSECTION FOR 2013-2014 SHALL RECEIVE AN ADDITIONAL ADJUSTMENT IN AN AMOUNT EQUAL TO 17.6% OF THE PER-PUPIL ADJUSTMENT RECEIVED UNDER THIS SUBSECTION FOR 2013-2014. THE ADJUSTMENT UNDER THIS SUBDIVISION SHALL BE CALCULATED AND ADDED TO EACH DISTRICT’S FOUNDATION ALLOWANCE AFTER ALL OTHER CALCULATIONS UNDER THIS SECTION. A DISTRICT THAT RECEIVED A GRANT UNDER FORMER SECTION 32E FOR 2001-2002 THAT SUBSEQUENTLY CONSOLIDATED WITH ANOTHER DISTRICT OR A DISTRICT THAT ISSUED A CONTRACT TO AUTHORIZE A PUBLIC SCHOOL ACADEMY AND CONTRACTED WITH THAT PUBLIC SCHOOL ACADEMY TO OPERATE ALL OF ITS SCHOOLS SHALL NOT RECEIVE AN ADDITIONAL ADJUSTMENT UNDER THIS SUBDIVISION.

(13) Payments to districts, public school academies, or the education achievement system shall not be made under this section. Rather, the calculations under this section shall be used to determine the amount of state payments under section 22b.

(14) If an amendment to section 2 of article VIII of the state constitution of 1963 allowing state aid to some or all nonpublic schools is approved by the voters of this state, each foundation allowance or per pupil payment calculation under this section may be reduced.

(15) As used in this section:

(a) “Certified mills” means the lesser of 18 mills or the number of mills of school operating taxes levied by the district in 1993-94.

(b) “Combined state and local revenue” means the aggregate of the district’s state school aid received by or paid on behalf of the district under this section and the district’s local school operating revenue.

(c) “Combined state and local revenue per membership pupil” means the district’s combined state and local revenue divided by the district’s membership excluding special education pupils.

(d) “Current state fiscal year” means the state fiscal year for which a particular calculation is made.

(e) “Dissolved district” means a district that loses its organization, has its territory attached to 1 or more other districts, and is dissolved as provided under section 12 of the revised school code, MCL 380.12.

(f) “Immediately preceding state fiscal year” means the state fiscal year immediately preceding the current state fiscal year.

(g) “Local school operating revenue” means school operating taxes levied under section 1211 of the revised school code, MCL 380.1211. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, local school operating revenue does not include school operating taxes levied within the geographic area of the dissolved district.

(h) “Local school operating revenue per membership pupil” means a district’s local school operating revenue divided by the district’s membership excluding special education pupils.

(i) “Maximum public school academy allocation”, except as otherwise provided in this subdivision, means the maximum per-pupil allocation as calculated by adding the highest per-pupil allocation among all public school academies for the immediately preceding state fiscal year plus the difference between twice the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance and [(the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance minus $10.00) times (the difference between the highest per-pupil allocation among all public school academies for the immediately preceding state fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest per-pupil allocation among all public school academies) divided by the difference between the basic foundation allowance for the current state fiscal year and the sum of $7,108.00 plus the total dollar amount of all adjustments made from 2006-2007 to the immediately preceding state fiscal year in the lowest per-pupil allocation among all public school academies].

(j) “Membership” means the definition of that term under section 6 as in effect for the particular fiscal year for which a particular calculation is made.

(k) “Nonexempt property” means property that is not a principal residence, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, or commercial personal property.

(l) “Principal residence”, “qualified agricultural property”, “qualified forest property”, “supportive housing property”, “industrial personal property”, and “commercial personal property” mean those terms as defined in section 1211 of the revised school code, MCL 380.1211.

(m) “Receiving district” means a district to which all or part of the territory of a dissolved district is attached under section 12 of the revised school code, MCL 380.12.

(n) “School operating purposes” means the purposes included in the operation costs of the district as prescribed in sections 7 and 18 and purposes authorized under section 1211 of the revised school code, MCL 380.1211.

(o) “School operating taxes” means local ad valorem property taxes levied under section 1211 of the revised school code, MCL 380.1211, and retained for school operating purposes.

(p) “Tax increment financing acts” means 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899.

(q) “Taxable value per membership pupil” means taxable value, as certified by the department of treasury, for the calendar year ending in the current state fiscal year divided by the district’s membership excluding special education pupils for the school year ending in the current state fiscal year.”.

2. Amend page 17, line 15, by striking out “$3,335,000,000.00” and inserting “$3,337,000,000.00” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendments to the substitute were adopted.

Senator Meekhof moved to reconsider the vote by which the amendments were adopted.

The motion prevailed.

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The motion prevailed, a majority of the members voting therefor, as follows:

Roll Call No. 170 Yeas—25

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jones Nofs Rocca

Colbeck Kahn Pappageorge Schuitmaker

Emmons Kowall Pavlov Walker

Green

Nays—12

Ananich Gregory Hunter Warren

Anderson Hood Johnson Whitmer

Bieda Hopgood Smith Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

The question being on the adoption of the amendments to the House substitute,

The amendments to the substitute were not adopted.

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendments to the substitute were not adopted, a majority of the members not voting therefor, as follows:

Roll Call No. 171 Yeas—18

Ananich Gregory Hunter Smith

Anderson Hansen Johnson Warren

Bieda Hildenbrand Jones Whitmer

Colbeck Hood Rocca Young

Emmons Hopgood

Nays—19

Booher Hune Moolenaar Richardville

Brandenburg Kahn Nofs Robertson

Casperson Kowall Pappageorge Schuitmaker

Caswell Marleau Pavlov Walker

Green Meekhof Proos

Excused—1

Jansen

Not Voting—0

In The Chair: President

Senator Hopgood offered the following amendment to the House substitute:

1. Amend page 22, following line 21, by inserting:

“Sec. 31a (1) From the state school aid fund money appropriated in section 11, there is allocated for 2013-2014 an amount not to exceed ~~$317,695,500.00~~ $347,695,500.00 for payments to eligible districts, eligible public school academies, and the education achievement system under this section. Subject to subsection (14), the amount of the additional allowance under this section, other than funding under subsection (6) or (7), shall be based on the number of actual pupils in membership in the district or public school academy or the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding state fiscal year, as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769i, and reported to the department not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year and adjusted not later than December 31 of the immediately preceding fiscal year in the form and manner prescribed by the center. However, for a public school academy that began operations as a public school academy, or for an achievement school that began operations as an achievement school, after the pupil membership count day of the immediately preceding school year, the basis for the additional allowance under this section shall be the number of actual pupils in membership in the public school academy or the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk in the current state fiscal year, as determined under the Richard B. Russell national school lunch act and reported to the department not later than the fifth Wednesday after the pupil membership count day.

(2) To be eligible to receive funding under this section, other than funding under subsection (6) or (7), a district or public school academy that has not been previously determined to be eligible or the education achievement system shall apply to the department, in a form and manner prescribed by the department, and a district or public school academy or the education achievement system must meet all of the following:

(a) The sum of the district’s or public school academy’s or the education achievement system’s combined state and local revenue per membership pupil in the current state fiscal year, as calculated under section 20, is less than or equal to the basic foundation allowance under section 20 for the current state fiscal year.

(b) The district or public school academy or the education achievement system agrees to use the funding only for purposes allowed under this section and to comply with the program and accountability requirements under this section.

(3) Except as otherwise provided in this subsection, an eligible district or eligible public school academy or the education achievement system shall receive under this section for each membership pupil in the district or public school academy or the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act and as reported to the department not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year and adjusted not later than December 31 of the immediately preceding fiscal year, an amount per pupil equal to 11.5% of the sum of the district’s foundation allowance or the public school academy’s or the education achievement system’s per pupil amount calculated under section 20, not to exceed the basic foundation allowance under section 20 for the current state fiscal year, or of the public school academy’s or the education achievement system’s per membership pupil amount calculated under section 20 for the current state fiscal year. A public school academy that began operations as a public school academy, or an achievement school that began operations as an achievement school, after the pupil membership count day of the immediately preceding school year shall receive under this section for each membership pupil in the public school academy or in the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act and as reported to the department not later than the fifth Wednesday after the pupil membership count day of the current fiscal year and adjusted not later than December 31 of the current fiscal year, an amount per pupil equal to 11.5% of the public school academy’s or the education achievement system’s per membership pupil amount calculated under section 20 for the current state fiscal year.

(4) Except as otherwise provided in this section, a district or public school academy, or the education achievement system, receiving funding under this section shall use that money only to provide instructional programs and direct noninstructional services, including, but not limited to, medical or counseling services, for at-risk pupils; for school health clinics; and for the purposes of subsection (5), (6), or (7). In addition, a district that is a school district of the first class or a district or public school academy in which at least 50% of the pupils in membership met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding state fiscal year, as determined and reported as described in subsection (1), or the education achievement system if it meets this requirement, may use not more than 20% of the funds it receives under this section for school security. A district, the public school academy, or the education achievement system shall not use any of that money for administrative costs or to supplant another program or other funds, except for funds allocated to the district or public school academy or the education achievement system under this section in the immediately preceding year and already being used by the district or public school academy or the education achievement system for at-risk pupils. The instruction or direct noninstructional services provided under this section may be conducted before or after regular school hours or by adding extra school days to the school year and may include, but are not limited to, tutorial services, early childhood programs to serve children age 0 to 5, and reading programs as described in former section 32f as in effect for 2001-2002. A tutorial method may be conducted with paraprofessionals working under the supervision of a certificated teacher. The ratio of pupils to paraprofessionals shall be between 10:1 and 15:1. Only 1 certificated teacher is required to supervise instruction using a tutorial method. As used in this subsection, “to supplant another program” means to take the place of a previously existing instructional program or direct noninstructional services funded from a funding source other than funding under this section.

(5) Except as otherwise provided in subsection (12), a district or public school academy that receives funds under this section and that operates a school breakfast program under section 1272a of the revised school code, MCL 380.1272a, or the education achievement system if it operates a school breakfast program, shall use from the funds received under this section an amount, not to exceed $10.00 per pupil for whom the district or public school academy or the education achievement system receives funds under this section, necessary to pay for costs associated with the operation of the school breakfast program.

(6) From the funds allocated under subsection (1), there is allocated for 2013-2014 an amount not to exceed $3,557,300.00 to support child and adolescent health centers. These grants shall be awarded for 5 consecutive years beginning with 2003-2004 in a form and manner approved jointly by the department and the department of community health. Each grant recipient shall remain in compliance with the terms of the grant award or shall forfeit the grant award for the duration of the 5-year period after the noncompliance. To continue to receive funding for a child and adolescent health center under this section a grant recipient shall ensure that the child and adolescent health center has an advisory committee and that at least one-third of the members of the advisory committee are parents or legal guardians of school-aged children. A child and adolescent health center program shall recognize the role of a child’s parents or legal guardian in the physical and emotional well-being of the child. Funding under this subsection shall be used to support child and adolescent health center services provided to children up to age 21. If any funds allocated under this subsection are not used for the purposes of this subsection for the fiscal year in which they are allocated, those unused funds shall be used that fiscal year to avoid or minimize any proration that would otherwise be required under subsection (14) for that fiscal year.

(7) From the funds allocated under subsection (1), there is allocated for 2013-2014 an amount not to exceed $5,150,000.00 for the state portion of the hearing and vision screenings as described in section 9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of the total cost of the screenings. The frequency of the screenings shall be as required under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan administrative code. Funds shall be awarded in a form and manner approved jointly by the department and the department of community health. Notwithstanding section 17b, payments to eligible entities under this subsection shall be paid on a schedule determined by the department.

(8) Each district or public school academy receiving funds under this section and the education achievement system shall submit to the department by July 15 of each fiscal year a report, not to exceed 10 pages, on the usage by the district or public school academy or the education achievement system of funds under this section, which report shall include at least a brief description of each program conducted by the district or public school academy or the education achievement system using funds under this section, the amount of funds under this section allocated to each of those programs, the number of at-risk pupils eligible for free or reduced price school lunch who were served by each of those programs, and the total number of at-risk pupils served by each of those programs. If a district or public school academy or the education achievement system does not comply with this subsection, the department shall withhold an amount equal to the August payment due under this section until the district or public school academy or the education achievement system complies with this subsection. If the district or public school academy or the education achievement system does not comply with this subsection by the end of the state fiscal year, the withheld funds shall be forfeited to the school aid fund.

(9) In order to receive funds under this section, a district or public school academy or the education achievement system shall allow access for the department or the department’s designee to audit all records related to the program for which it receives those funds. The district or public school academy or the education achievement system shall reimburse the state for all disallowances found in the audit.

(10) Subject to subsections (5), (6), (7), (12), and (13), a district may use up to 100% of the funds it receives under this section to reduce the ratio of pupils to teachers in grades K-12, or any combination of those grades, in school buildings in which the percentage of pupils described in subsection (1) exceeds the district’s aggregate percentage of those pupils. Subject to subsections (5), (6), (7), (12), and (13), a district may use up to 100% of the funds it receives under this section to reduce the ratio of pupils to teachers in grades K-12, or any combination of those grades, in school buildings in which the percentage of pupils described in subsection (1) is at least 60% of the district’s aggregate percentage of those pupils and at least 30% of the total number of pupils enrolled in the school building.

(11) A district or public school academy or the education achievement system may use funds received under this section for adult high school completion, general educational development (G.E.D.) test preparation, adult English as a second language, or adult basic education programs described in section 107.

(12) For an individual school or schools operated by a district or public school academy receiving funds under this section or the education achievement system that have been determined by the department to meet the adequate yearly progress standards of the no child left behind act of 2001, Public Law 107-110, in both mathematics and English language arts at all applicable grade levels for all applicable subgroups, the district or public school academy or the education achievement system may use not more than 20% of the funds it receives under this section for specific alternative purposes identified by the district or public school academy or the education achievement system that are designed to benefit at-risk pupils in the school, but that may be different from the purposes otherwise allowable under this section. If a district or public school academy or the education achievement system uses funds for alternative purposes allowed under the flexibility provisions under this subsection, the district or public school academy or the education achievement system shall maintain documentation of the amounts used for those alternative purposes and shall make that information available to the department upon request.

(13) A district or public school academy that receives funds under this section or the education achievement system may use funds it receives under this section to implement and operate an early intervening program for pupils in grades K to 3 that meets either or both of the following:

(a) Monitors individual pupil learning and provides specific support or learning strategies to pupils as early as possible in order to reduce the need for special education placement. The program shall include literacy and numeracy supports, sensory motor skill development, behavior supports, instructional consultation for teachers, and the development of a parent/school learning plan. Specific support or learning strategies may include support in or out of the general classroom in areas including reading, writing, math, visual memory, motor skill development, behavior, or language development. These would be provided based on an understanding of the individual child’s learning needs.

(b) Provides early intervening strategies using school-wide systems of academic and behavioral supports and is scientifically research-based. The strategies to be provided shall include at least pupil performance indicators based upon response to intervention, instructional consultation for teachers, and ongoing progress monitoring. A school-wide system of academic and behavioral support should be based on a support team available to the classroom teachers. The members of this team could include the principal, special education staff, reading teachers, and other appropriate personnel who would be available to systematically study the needs of the individual child and work with the teacher to match instruction to the needs of the individual child.

(14) If necessary, and before any proration required under section 296, the department shall prorate payments under this section by reducing the amount of the per pupil payment under this section by a dollar amount calculated by determining the amount by which the amount necessary to fully fund the requirements of this section exceeds the maximum amount allocated under this section and then dividing that amount by the total statewide number of pupils who met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding fiscal year, as described in subsection (1).

(15) If a district is formed by consolidation after June 1, 1995, and if 1 or more of the original districts was not eligible before the consolidation for an additional allowance under this section, the amount of the additional allowance under this section for the consolidated district shall be based on the number of pupils described in subsection (1) enrolled in the consolidated district who reside in the territory of an original district that was eligible before the consolidation for an additional allowance under this section.

(16) As used in this section, “at-risk pupil” means a pupil for whom the district has documentation that the pupil meets at least 2 of the following criteria: is a victim of child abuse or neglect; is below grade level in English language arts or mathematics; is a pregnant teenager or teenage parent; is eligible for a federal free or reduced-price lunch subsidy; has atypical behavior or attendance patterns; or has a family history of school failure, incarceration, or substance abuse. At-risk pupil also includes all pupils in a priority school as defined in the elementary and secondary education act of 2001 flexibility request approved by the United States department of education. For pupils for whom the results of at least the applicable Michigan education assessment program (MEAP) test have been received, at-risk pupil also includes a pupil who does not meet the other criteria under this subsection but who did not achieve at least a score of level 2 on the most recent MEAP English language arts, mathematics, science test, or social studies for which results for the pupil have been received. For pupils for whom the results of the Michigan merit examination have been received, at-risk pupil also includes a pupil who does not meet the other criteria under this subsection but who did not achieve proficiency on the reading, writing, mathematics, science, or social studies components of the most recent Michigan merit examination for which results for the pupil have been received. For pupils in grades K-3, at-risk pupil also includes a pupil who is at risk of not meeting the district’s core academic curricular objectives in English language arts or mathematics.

(17) A district or public school academy that receives funds under this section or the education achievement system may use funds received under this section to provide an anti-bullying or crisis intervention program.” and adjusting the totals in section 11 and enacting section 1 accordingly.

The amendment to the substitute was not adopted.

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The amendment to the substitute was not adopted, a majority of the members not voting therefor, as follows:

Roll Call No. 172 Yeas—18

Ananich Gregory Hunter Smith

Anderson Hansen Johnson Warren

Bieda Hildenbrand Kahn Whitmer

Casperson Hood Rocca Young

Emmons Hopgood

Nays—19

Booher Hune Moolenaar Richardville

Brandenburg Jones Nofs Robertson

Caswell Kowall Pappageorge Schuitmaker

Colbeck Marleau Pavlov Walker

Green Meekhof Proos

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

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

Roll Call No. 173 Yeas—23

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jones Nofs Schuitmaker

Emmons Kahn Pappageorge Walker

Green Kowall Pavlov

Nays—14

Ananich Gregory Johnson Warren

Anderson Hood Rocca Whitmer

Bieda Hopgood Smith Young

Colbeck Hunter

Excused—1

Jansen

Not Voting—0

In The Chair: President

The Senate agreed to the title as amended.

Protests

Senators Hopgood and Colbeck, under their constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to the Senate substitute to House Bill No. 4295 and moved that the statements they made during the discussion of bill be printed as their reasons for voting “no.”

The motion prevailed.

Senator Hopgood’s statement is as follows:

I rise to speak to my “no” vote explanation on the legislation before us. One week ago, I voted very proudly in support of this bill. I was delighted to see that my colleagues on the other side of the aisle had come to their senses, providing funding for some of the issues that would benefit our struggling schools the most.

While the past three years have been composed of one devastating school cut after the next, the budget bill before us as of a week ago was at least a dim light at the end of a very dark tunnel for our schools. But, of course, any light shed on our schools was far too much for the Republican majority. It would stand in the way of their plan to dismantle our schools one by one to pave the way for for-profit charter schools.

Colleagues, funding for at-risk students and reduced classroom sizes is funding that we can target directly to the students who need it the most. While every single one of our schools is hurting under the heavy hand of this administration, this would have been an opportunity to, at the very least, provide assistance to those who are the most devastated of them all. Instead, you’re leaving those students in the dark.

We like to say that a budget is more than lines on a spreadsheet. It is a statement of our values, and based on what is happening here today, it’s frightening how out of touch your values are when it comes to our most at-need kids. I ask my colleagues to vote against this legislation, which fails to consider the future of so many of the students in this state.

Senator Colbeck’s statement is as follows:

I know this bill has come back before us for another discussion point, and I would like to reiterate my objection to the bill the first time it came through. It deals with that same Race to the Top funding that was just talked about by my colleague. I’m very concerned, and we should all be concerned about that $51 million grant for Race to the Top funding designed to go off and gather more information on our students. This is for the federal government, and I just want to highlight to people to start asking the fundamental questions: Why are they gathering this information? What role does the federal government have in the education of our kids?

I’m concerned about what that information may be used for, and for that reason, in particular, I’m going to be voting “no” on this bill.

I would also like to highlight that a lot of the money that is being put away into this, as my other colleague had discussed, would be available for additional funding in the School Aid Fund for the fiscal year ’15 budget, if we were not to appropriate this amount at this time. I would encourage my colleagues to consider the idea that we would have that additional funding to put into things like foundation allowance next time around.

Once again, I would like to reiterate that I am opposed to this legislation, and encourage my colleagues to vote “no” on this bill.

Senators Hopgood 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 first statement is as follows:

I rise to speak to my amendment which would restore reduced class-size funding to this legislation. If my colleagues on the other side of the aisle were to spend some time at all in our schools speaking directly with parents and teachers, they would know that our overcrowding is a very real issue in our classrooms. Overcrowded classrooms cause more than just discomfort for the students who occupy them; they cause a drastic impairment in the ability to learn. Any teacher or parent could tell you as much if you would listen.

Inserting this funding into the budget last week was one of the best decisions Republicans in this Legislature have made all year, and removing it was one of the worst.

I ask my colleagues to join me in voting “yes” on this amendment.

Senator Hopgood’s second statement is as follows:

I rise to speak to my second amendment which would restore at-risk funding to this bill. Last week, I was thrilled to see that my colleagues on the other side of the aisle finally realized the importance of prioritizing the education of our students; in particular, those most in need.

At-risk funding, as you well know, goes to the students in our state who aren’t offered the same chances in life and in school as many other students across Michigan. At-risk funding allows these students to put their best foot forward in achieving their dreams. In taking a swipe at this funding, as nothing more than a line item that you’ve decided you no longer wish to support, you are effectively telling these students that they can forget about their future.

I ask my colleagues to support my amendment to restore this critical funding for our students who are most in need.

Senator Kahn’s statement is as follows:

I rise in support of this bill and to echo the comments made by the Senator from the 37th District. I have to say that I’m pretty surprised that the Senator from the 8th District is negative about this since the bill contains within it $2.5 million to restore funding to dissolved school districts in his own district. Similarly, it has $2.5 million to go for schools in my district that had to receive students from other dissolved schools. It has $51 million for Race to the Top Early Learning, a federal grant that will enhance what we are able to do for our youngest citizens, as the Senator from the 37th District said. It has IT certification funding and year-round school grants contained within it. At the end of the day, it has another $51 million for our school systems and districts.

I agree with the Senator from the 37th District and urge our colleagues to support this bill, which I will say passed in the House of Representative with 105 votes.

Recess

Senator Meekhof moved that the Senate recess until 2:00 p.m.

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

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley.

Recess

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

The motion prevailed, the time being 2:01 p.m.

2:46 p.m.

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

Senate Bill No. 821, entitled

A bill to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 174 Yeas—34

Ananich Green Jones Pavlov

Anderson Gregory Kahn Proos

Bieda Hansen Kowall Richardville

Booher Hildenbrand Marleau Robertson

Brandenburg Hood Meekhof Rocca

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—1

Schuitmaker

In The Chair: Hansen

The President, Lieutenant Governor Calley, resumed the Chair.

Senator Meekhof moved to reconsider the vote by which the substitute was concurred in.

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

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 175 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 Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

Senate Bill No. 822, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 176 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 Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

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.

Senate Bill No. 823, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f and 9m (MCL 211.9f and 211.9m), section 9f as amended by 2012 PA 399 and section 9m as amended by 2013 PA 154, and by adding section 27e.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 177 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 Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

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 as amended.

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

Senate Bill No. 824, entitled

A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending sections 2 and 3 (MCL 484.3102 and 484.3103).

(This bill was returned from the House without amendment on March 26 and the recommendation for immediate effect postponed. See Senate Journal No. 32, p. 474.)

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.

Senate Bill No. 825, entitled

A bill to amend 2012 PA 408, entitled “An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending sections 3, 19, and 21 (MCL 205.93, 205.109, and 205.111), section 3 as amended by 2007 PA 103, section 19 as added by 2004 PA 172, and section 21 as amended by 2010 PA 37, and by adding sections 2c and 10a,” by amending enacting sections 1 and 2.

(This bill was returned from the House without amendment on March 26 and the recommendation for immediate effect postponed. See Senate Journal No. 32, p. 474.)

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

Senate Bill No. 826, entitled

A bill to amend 2012 PA 401, entitled “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,” (MCL 211.1 to 211.155) by adding section 9m,” by amending enacting section 1.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 178 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 Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

Senate Bill No. 827, entitled

A bill to amend 2012 PA 402, entitled “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,” (MCL 211.1 to 211.155) by adding section 9o,” by amending enacting section 1.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 179 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 Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

Senate Bill No. 828, entitled

A bill to amend 2012 PA 403, entitled “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,” (MCL 211.1 to 211.155) by adding section 9n,” by amending enacting section 1.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 180 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 Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

Senate Bill No. 829, entitled

A bill to levy a specific tax on certain personal property; to provide for the administration, collection, and distribution of the specific tax; to provide for an exemption from that specific tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 181 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 Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

Senate Bill No. 830, entitled

A bill to levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No. 182 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 Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov

Nays—2

Whitmer Young

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

Senate Bill No. 780, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2014; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

The House of Representatives has amended the bill as follows:

1. Amend page 11, following line 8, by inserting:

“Sec. 304d. If the use of land owned by the department is subject to certain conditions because of the source of funds used for the purchase of that land, or for the purchase of other land that was exchanged for that land, all of the following apply unless prohibited by federal law:

(a) The conditions shall be applied on a proportion of the land area that does not exceed the proportion of the funding for the acquisition of the land provided from that source.

(b) The department shall designate the part of the land to which the conditions apply.

(c) The part of the land to which the conditions apply shall be the less accessible part of the land. If 2 or more sources of funds used for the acquisition of the land subject the use of the land to conditions, the part of the land designated under subdivision (b) for the funding source imposing, in the department’s judgment, the strictest conditions shall be the least accessible, the part of the land designated for the funding source imposing the second-strictest conditions shall be the second-least accessible, and so on.”.

The House of Representatives has passed the bill as amended and ordered that it be given immediate effect.

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 amendment made to the bill by the House,

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

Roll Call No. 183 Yeas—36

Ananich Gregory Kahn Richardville

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Green Jones Proos Young

Nays—1

Brandenburg

Excused—1

Jansen

Not Voting—0

In The Chair: President

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

Senate Bill No. 547, entitled

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

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.

Senate Bill No. 548, entitled

A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” by amending section 16 (MCL 450.846).

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.

Senate Bill No. 549, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 4104, 4207, 4208, 4212, 4301, and 4403 (MCL 440.4104, 440.4207, 440.4208, 440.4212, 440.4301, and 440.4403), section 4104 as amended by 2012 PA 87 and sections 4207, 4208, 4212, 4301, and 4403 as amended by 1993 PA 130.

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.

Senate Bill No. 551, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 9625 and 9626 (MCL 440.9625 and 440.9626), as added by 2000 PA 348.

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.

Senate Bill No. 820, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22211 (MCL 333.22211), as amended by 2002 PA 619.

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.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 34

Senate Resolution No. 123

The motion prevailed.

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

Senate Resolution No. 130

Senate Resolution No. 131

The resolution consent calendar was adopted.

Senators Bieda, Kowall, Gregory and Pappageorge offered the following resolution:

Senate Resolution No. 130.

A resolution honoring Lieutenant Colonel Matt Urban.

Whereas, It is with a great deal of respect for his accomplishments that we join the family and friends of Lieutenant Colonel Matt Urban, World War II Medal of Honor recipient and the most highly decorated soldier in U.S. military history, to remember his significant contributions to the people of both Michigan and the United States; and

Whereas, Lieutenant Colonel Urban was born on August 25, 1919, in Buffalo, New York. After graduating from Cornell University, he joined the United States Army in 1941. Lieutenant Colonel Urban served in six campaigns during World War II in the Mediterranean and European theaters of operation. For this heroic service, Lieutenant Colonel Urban was awarded a total of 29 medals, including two Silver Stars, three Bronze Stars, seven Purple Hearts, and French and Belgian awards after serving six campaigns in the Mediterranean and European theaters; and

Whereas, Serving others was a well-established trait of Lieutenant Colonel Urban. After the war, Lieutenant Colonel Urban settled in Michigan, where he served as the recreation director for the city of Port Huron, director of the Monroe Community Center, and director of the Holland Civic Center and Recreation Department. He also served his community by remaining active in veterans affairs throughout his life; and

Whereas, Lieutenant Colonel Urban, who passed away in 1995, will be honored with a special military ceremony at Arlington National Cemetery on August 23, 2014; now, therefore, be it

Resolved by the Senate, That we offer this acknowledgment and appreciation of Lieutenant Colonel Urban’s heroism in war as well as his post-war accomplishments as a public servant for the people of Michigan; and be it further

Resolved, That copies of this resolution be transmitted to the Matt Urban Memorial Committee as a reflection of our highest esteem.

Senators Ananich, Anderson, Hildenbrand, Hopgood and Richardville were named co‑sponsors of the resolution.

Senators Whitmer, Schuitmaker, Warren, Bieda, Hopgood, Hood, Jones, Young and Marleau offered the following resolution:

Senate Resolution No. 131.

A resolution to recognize March 31, 2014, as Cesar E. Chavez Day in the state of Michigan.

Whereas, Cesar Estrada Chavez, was a heroic American of Mexican descent, a Chicano, a farm worker, a labor leader, a civil rights leader, and a religious and spiritual figure. He was also a community servant and social entrepreneur, a crusader for nonviolent social change, and an environmentalist and consumer advocate; and

Whereas, Cesar E. Chavez began working in the fields of Arizona and California at the age of 10. Profoundly influenced by these humble beginnings, Chavez embraced the nonviolent principles of Mohandas Gandhi and Dr. Martin Luther King, Jr., to crusade against racial and economic discrimination, coordinate voter registration drives, and found the United Farm Workers of America; and

Whereas, In 1991, Cesar E. Chavez received the Aguila Azteca (The Aztec Eagle), Mexico’s highest award presented to people of Mexican ancestry or heritage who have made major contributions outside of Mexico. Then, on August 8, 1994, Cesar became the second Chicano in history to receive the Presidential Medal of Freedom, the highest civilian honor in the United States. This award was presented posthumously by President Bill Clinton to Helen F. Chavez and her children at the White House; and

Whereas, In 2003, the Michigan Legislature recognized the many contributions of Cesar E. Chavez made to this nation by declaring the calendar date of March 31 each year as Cesar E. Chavez Day in the state of Michigan; and

Whereas, Cesar E. Chavez served honorably in the U.S. Navy during World War II. For his numerous contributions, on May 5, 2012 (El Cinco de Mayo), the USNS Cesar E. Chavez was christened and launched into San Diego Bay. It was the U.S. Navy’s latest Lewis and Clark-class noncombatant cargo ship, thereby becoming the first naval vessel named after a U.S. citizen of Mexican descent; and

Whereas, Recently, the Michigan State Board of Education unanimously adopted a resolution on February 11, 2014, stating that it recognizes the life, legacy, and contributions of Cesar E. Chavez, and it, therefore, encourages the inclusion of lessons on Cesar E. Chavez as referenced in the Content Expectations for both Grade Level and High School in the Social Studies Standards; now, therefore, be it

Resolved by the Senate, That we recognize the life, the leadership, and the legacy of Cesar E. Chavez as worthy of our state’s highest respect and honor. We encourage the President of the United States and Congress to honor the memory of Cesar E. Chavez by proclaiming his birthday of March 31 as a National Day of Service, so that all Americans in all 50 states can take part in meaningful public service activities in their own communities to commemorate the legacy of the Chicano known as Cesar E. Chavez; 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, and the members of the Michigan congressional delegation.

Senators Ananich, Anderson and Hildenbrand were named co‑sponsors of the resolution.

House Concurrent Resolution No. 24.

A concurrent resolution prescribing the legislative schedule.

Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, March 27, 2014, it stands adjourned until Thursday, April 17, 2014, at 12:00 noon; and be it further

Resolved, That when the Senate adjourns on Thursday, March 27, 2014, it stand adjourned until Tuesday, April 22, 2014, at 10:00 a.m.

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution was adopted.

Senators Booher, Hildenbrand and Pappageorge were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator Casperson introduced

Senate Bill No. 891, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20101, 20107a, 20114, 20114c, 20114d, 20116, 20118, 20120a, 20120b, 20120d, and 20126 (MCL 324.20101, 324.20107a, 324.20114, 324.20114c, 324.20114d, 324.20116, 324.20118, 324.20120a, 324.20120b, 324.20120d, and 324.20126), section 20101 as amended by 2013 PA 141, section 20107a as amended by 2010 PA 233, sections 20114, 20114c, 20114d, 20120a, 20120b, and 20126 as amended by 2012 PA 446, sections 20116 and 20118 as amended by 1995 PA 71, and section 20120d as amended by 2010 PA 228, and by adding section 20121.

The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.

Senator Casperson introduced

Senate Bill No. 892, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2013 PA 67.

The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.

Senator Kahn introduced

Senate Bill No. 893, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2011 PA 141.

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

Senators Casperson, Jones and Pappageorge introduced

Senate Bill No. 894, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627a and 633 (MCL 257.627a and 257.633), section 627a as amended by 2005 PA 88.

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

Senators Casperson, Jones and Pappageorge introduced

Senate Bill No. 895, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 721 and 732 (MCL 257.721 and 257.732), section 721 as amended by 2012 PA 80 and section 732 as amended by 2012 PA 592.

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

Senators Casperson and Pappageorge introduced

Senate Bill No. 896, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2012 PA 252; and to repeal acts and parts of acts.

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

Senators Jones, Casperson and Pappageorge introduced

Senate Bill No. 897, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 606, 608, 609, and 610 (MCL 257.320a, 257.606, 257.608, 257.609, and 257.610), section 320a as amended by 2012 PA 592 and section 606 as amended by 1980 PA 518.

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

Senators Jones, Casperson and Pappageorge introduced

Senate Bill No. 898, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2006 PA 85.

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

House Bill No. 5248, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16323 (MCL 333.16323), as amended by 2002 PA 643.

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 Veterans, Military Affairs and Homeland Security.

Recess

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

The motion prevailed, the time being 3:30 p.m.

4:06 p.m.

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

Statements

Senators Young 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 Young’s statement is as follows:

Madam President, I would like to begin with a quote: “In our personal ambitions we are individualists, but in our seeking for economic and political progress as a nation, we all go up or else we all go down as one people.” I rise to address the unequal burden placed on Detroit residents simply for living in the city and owning a car. Let me start with something that MLive.com said: “Detroit ranked first in the country for car insurance cost with an average annual premium of $10,723.22. The next highest city on the list was New Orleans at $4,309.61. Grand Rapids was third at $4,042.” In other words, auto insurance rates in the city of Detroit are too damn high. We have to lower them.

Detroit is in financial trouble. Detroit’s residents suffer without reliable public services. They don’t have enough police officers and firefighters to provide the services necessary to keep the community safe. But amidst all the outside hardships Detroiters face, there’s one that feels like a real gut punch—auto insurance rates.

Colleagues, we talk all the time about bringing more people to Detroit to live, work, and play. Tell me, then, how are we going to rebuild the city of Detroit when it costs $10,000 on average to have car insurance, a state-mandated requirement? How are we going to encourage more people to move into the city?

If we pass tax cut after tax cut for companies and big business that promise to bring jobs and turn the city around, then we most certainly can find a way to remove this very real obstacle and albatross for growth and prosperity in the city of Detroit. Nowhere else in the county is there such a disparity. Nowhere else in the nation is there what amounts to a tax on residents just for living there in the city of Detroit.

I ask you, if we’re committed to revitalizing Detroit; if the Governor really wants to partner with the citizens of Detroit, we should have no problem helping people who are already wealthy, building things that make them wealthier. Why can’t we do something for the working man? Why can’t we do something for the common man—the butcher, the baker, and the candlestick-maker? Why can’t we do something for the average hardworking Detroiter, who wakes up every morning and goes to work to provide for himself and his family, by reducing auto insurance rates? It is high time.

A Detroit mayor, Frank Murphy, once said, “If one of us isn’t secure, then none of us are secure.” There is no way that we will make the state of Michigan live up to the words of being a pleasant peninsula if we do not take care of this issue in our largest city, the city of Detroit. So I encourage you, Madam President, and I encourage everyone here, let us come together and make sure that Detroiters have affordable auto insurance rates.

In closing, they say that when love and skill come together, expect a masterpiece. Let us bring the love that we have for the city of Detroit together with the skills that we have to make good public policy, and let us build the masterpiece of low, affordable auto insurance rates for the greatest city on earth, the city of Detroit.

Senator Richardville’s statement is as follows:

Today is the day that I have to say, kind of, goodbye to a good friend and colleague of mine—not for good—but he is leaving the Senate. Tony Stamas has been the chief of staff in my office since the summer of 2011. He previously served as the legislative liaison for the Department of Community Health. He served two terms in the Michigan Senate, serving on the Appropriations Committee, and that was, of course, during some of Michigan’s most difficult times. He served two terms in the House of Representatives, which is where we met. He worked on crafting key economic and business legislation and so many more things that I can’t even explain them.

He lived in a swing seat; he lived in a safe seat; he worked on policy; he worked on appropriations; he worked in the Senate; he worked in the House; and there are very few people out of the 457 legislators—they tell me—whom I’ve worked with that I would stop no matter what I was doing in caucus when that person spoke. One of those people is Tony Stamas. So when we had an opening for chief of staff, there was no question in my mind who the right person would be. He brought the Senate more knowledge from his prior years serving in the State Legislature. He also served in county government. He was a staffer himself in his family’s small business where he grew up.

He and his wife Sara have two children, Dema and Sophi, and they reside in Midland. Tony is now going to be taking a key role as vice president of government relations for the Small Business Association of Michigan. It’s a bittersweet feeling when you have known someone for 15 or so years like that, and very few people have I known whom I have respected as much as Tony; not just for his profession, not just for the family life that he leads, but also for his spiritual convictions and the way he lives up to them.

Colleagues, I’m going to ask you and the staff members to please join me in thanking Tony for his work in the Michigan Senate and the work he did to help move Michigan forward. I can honestly say that this place will never be the same. Tony, thank you.

Committee Reports

The Committee on Economic Development reported

House Bill No. 4487, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 7 (MCL 125.1657), as amended by 2008 PA 226.

With the recommendation that the bill pass.

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

Michael W. Kowall

Chairperson

To Report Out:

Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hansen, Smith and Ananich

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development submitted the following:

Meeting held on Wednesday, March 26, 2014, at 1:30 p.m., Room 110, Farnum Building

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

The Committee on Local Government and Elections reported

House Bill No. 4478, 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.

David B. Robertson

Chairperson

To Report Out:

Yeas: Senators Robertson, Meekhof, Brandenburg and Young

Nays: None

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

The Committee on Local Government and Elections reported

House Bill No. 5152, entitled

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

David B. Robertson

Chairperson

To Report Out:

Yeas: Senators Robertson, Meekhof and Brandenburg

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Local Government and Elections submitted the following:

Meeting held on Wednesday, March 26, 2014, at 3:00 p.m., Room 100, Farnum Building

Present: Senators Robertson (C), Meekhof, Brandenburg and Young

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, March 27, 2014, at 9:00 a.m., Room 210, Farnum Building

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

Excused: Senator Pavlov

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Higher Education submitted the following:

Meeting held on Thursday, March 27, 2014, at 11:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Schuitmaker (C), Walker and Hood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Community Health submitted the following:

Meeting held on Thursday, March 27, 2014, at 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

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

Scheduled Meetings

Appropriations -

Subcommittee -

State Police and Military Affairs - Thursdays, April 17 (CANCELED) and April 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 4:23 p.m.

Pursuant to House Concurrent Resolution No. 24, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, April 22, 2014, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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