No. 13

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Thursday, February 14, 2013.

10:00 a.m.

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

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

Anderson—present Hopgood—present Pappageorge—present

Bieda—present Hune—present Pavlov—present

Booher—present Hunter—present Proos—present

Brandenburg—present Jansen—present Richardville—present

Casperson—present Johnson—excused Robertson—present

Caswell—present Jones—present Rocca—present

Colbeck—present Kahn—present Schuitmaker—present

Emmons—present Kowall—present Smith—present

Green—present Marleau—present Walker—present

Gregory—excused Meekhof—present Warren—present

Hansen—present Moolenaar—present Whitmer—present

Hildenbrand—present Nofs—present Young—present

Hood—present

Father Cornelius Okeke of St. André Bassette Catholic Church of Ecorse offered the following invocation:

Heavenly Father, we ask Your blessings over our Senators and all who are gathered here. We ask that You guide them with strength and wisdom in the ministry of public service, so they may bring about fair and just legislation for the common good of the people of Michigan. We ask that You may enkindle in their hearts the fire of Your love.

In the name of God the Father and of his Son and of the Holy Spirit. Amen.

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

Motions and Communications

Senators Walker, Moolenaar, Jansen and Kowall entered the Senate Chamber.

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

The motion prevailed.

Senator Hunter moved that Senators Gregory and Johnson be excused from today’s session.

The motion prevailed.

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

The motion prevailed.

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, February 13:

House Bill No. 4045

The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, February 13, and are available at the Michigan Legislature website:

House Bill Nos. 4211 4212 4213 4214 4215 4216 4217 4218 4219 4220 4221 4222 4223 4224

4225 4226 4227 4228 4229 4230 4231 4232 4233 4234 4235 4236 4237 4238

4239 4240 4241 4242 4243 4244 4245 4246 4247 4248 4249

House Joint Resolution K

Senators Bieda, Smith, Green and Warren entered the Senate Chamber.

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

The motion prevailed.

Senator Rocca’s statement is as follows:

This is a very big day in my career and the career of my chief of staff, Dave. Dave Richmond, after working for eight years in my office, four years with my dad, and five years with my stepmom before that, for a total of seventeen years of working with people in my family, is moving on to the Secretary of State. We are losing yet another excellent staffer to the administration, unfortunately. It’s very good for Dave and his family, though. It’s a very good career move for him.

We’re, fortunately, getting someone good to take over for him, but there’s still no actual replacement for Dave ever because I’ve had Dave here with me, working with me, again, for eight years. During my six years in the House, not a single other employee was in my office, so Dave handled every single thing for six years—constituent relations, answering the phone, legislation—everything. He did everything incredibly well, so I could be back in the district doing what I need to do. I never had to worry the least little bit about anything not being done properly.

I think Dave is probably one of the most underrecognized people on staff here in many ways. Obviously, people recognize what he’s done over in SOS because they picked him up pretty fast when Mr. Fackler was moving up to his new position. So some people were able to see what an excellent staffer he was and the quality of his work.

I would like my colleagues to join me in wishing Dave congratulations and helping him to move on to his new position.

Recess

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

The motion prevailed, the time being 10:09 a.m.

10:14 a.m.

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

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

Third Reading of Bills

Senator Hood entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No. 48, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending sections 2 and 22 (MCL 287.1102 and 287.1122).

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. 23 Yeas—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Nays—9

Anderson Hopgood Smith Whitmer

Bieda Hunter Warren Young

Hood

Excused—2

Gregory Johnson

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 16, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43559 (MCL 324.43559), as amended by 1998 PA 95, and by adding section 1616.

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. 24 Yeas—35

Anderson Hansen Kowall Robertson

Bieda Hildenbrand Marleau Rocca

Booher Hood Meekhof Schuitmaker

Brandenburg Hopgood Moolenaar Smith

Casperson Hune Nofs Walker

Caswell Hunter Pappageorge Warren

Colbeck Jansen Pavlov Whitmer

Emmons Jones Proos Young

Green Kahn Richardville

Nays—0

Excused—2

Gregory Johnson

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Meekhof moved that the following concurrent resolution be placed at the head of the Resolutions calendar:

Senate Concurrent Resolution No. 6

The motion prevailed.

Senate Concurrent Resolution No. 6.

A concurrent resolution to memorialize the President and the Congress of the United States to support the continued and increased development and importation of oil derived from North American reserves and to urge the United States Secretary of State to approve the newly-routed Keystone XL pipeline application from TransCanada.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Schuitmaker introduced

Senate Bill No. 204, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t.

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

House Bill No. 4045, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3h (MCL 338.883h), as added by 1992 PA 130.

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 Regulatory Reform.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, February 13, 2013, at 2:05 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

Excused: Senator Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Meeting held on Wednesday, February 13, 2013, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Walker (C), Caswell, Pappageorge and Hopgood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Judiciary submitted the following:

Meeting held on Wednesday, February 13, 2013, at 1:00 p.m., Room 110, Farnum Building

Present: Senators Proos (C), Schuitmaker and Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Higher Education submitted the following:

Joint meeting held on Wednesday, February 13, 2013, at 3:15 p.m., House Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Schuitmaker (C), Walker and Hood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Thursday, February 14, 2013, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Caswell (C), Jansen and Proos

Excused: Senator Gregory

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Thursday, February 14, 2013, at 9:00 a.m., Room 210, Farnum Building

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

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture and Rural Development - Tuesdays, February 19 and February 26, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Community Colleges - Wednesday, February 20, 9:00 a.m., Room 405, Capitol Building (373-2768)

Corrections Department and House Corrections Appropriations Subcommittee - Tuesday, February 19, 3:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Health Subcommittee - Thursdays, February 21 and February 28, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Environmental Quality Department - Tuesday, February 19, 12:30 p.m., Room 110, Farnum Building (373-2768)

General Government - Tuesdays, February 19, February 26, March 5, March 12, March 19, and April 9, 2:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Human Services Department - Tuesday, February 19, 2:00 p.m., Room 405, Capitol Building (373-2768)

K-12, School Aid, Education - Wednesday, February 20, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Tuesday, February 26, 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Natural Resources Department - Tuesday, February 19, 12:00 noon, Room 110, Farnum Building (373-2768)

State Police and Military Affairs - Thursdays, February 21, February 28, and March 7, 3:00 p.m., Room 405, Capitol Building (373-2768)

Transportation - Thursday, February 21, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768)

Legislative Council - Thursday, February 21, 8:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑0212)

Michigan Law Revision Commission - Thursday, February 21, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 10:22 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, February 19, 2013, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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