No. 50

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2009

Senate Chamber, Lansing, Wednesday, June 10, 2009.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

Allen—present Garcia—present Olshove—present

Anderson—present George—present Pappageorge—present

Barcia—present Gilbert—present Patterson—present

Basham—present Gleason—present Prusi—present

Birkholz—present Hardiman—present Richardville—present

Bishop—present Hunter—present Sanborn—present

Brater—present Jacobs—present Scott—present

Brown—present Jansen—present Stamas—present

Cassis—present Jelinek—present Switalski—present

Cherry—present Kahn—present Thomas—present

Clark-Coleman—present Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present

Rabbi Arnie Sleutelberg of Congregation Shir Tikvah of Troy offered the following invocation:

O God, we live in difficult times. We witness the suffering of those in our own communities, our own state, who are out of work and unable to provide for their families. Yet we cannot merely pray to You, O God, to provide help, for You have given us compassion, the ability to reach out, if we would only choose generosity instead of greed.

We cannot merely pray to You, O God, to end war, for we know that You have made the world in such a way that we humans must find our own paths to peace ourselves and with our neighbors.

We cannot merely pray to You, O God, to end starvation, for You have already given us resources with which to feed the whole wide world if we would only use them wisely.

We cannot merely pray to You, O God, to root out prejudice, for You have already give us eyes with which to see the good in all people if we would only use them rightly.

We cannot merely pray to You, O God, to end despair, for You have already given us the power to clear away slums and to give hope if we would only use our power justly.

We cannot merely pray to You, O God, to end disease, for You have already given us great minds with which to search out cures and healings if we would only use them constructively.

We cannot merely pray to You, O God, to recognize and celebrate true love in all its forms, for You have already given us the gift of love if we would only love all of our neighbors as we love ourselves.

Therefore, we pray to You instead, O God, for strength, determination, and willpower to do what we must, to do instead of just to pray, and to become instead of merely to wish.

May You bless us and protect us; may Your countenance shine upon us and be gracious to us; may Your light inspire us and grant us peace.

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

Senator Cropsey entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:08 a.m.

11:04 a.m.

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

During the recess, Senators Gilbert, Stamas, Kuipers, McManus, Patterson, Hunter, Kahn, George, Cassis, Van Woerkom, Hardiman, Bishop, Jelinek, Birkholz, Brown, Garcia, Allen and Jansen entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

Senator Cropsey moved that rule 3.902 be suspended to allow the guests of Senator Kahn admittance to the Senate floor, including the center aisle.

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

Senator Cropsey moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor.

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

Recess

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

The motion prevailed, the time being 11:05 a.m.

11:15 a.m.

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

During the recess, Senator Kahn introduced Jenny Ryan of Saginaw Township, Miss Basketball 2009, and presented her with a Special Tribute.

Miss Ryan responded briefly.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, June 9:

House Bill Nos. 4520 4887 5033

The Secretary announced that the following official bills were printed on Tuesday, June 9, and are available at the legislative website:

Senate Bill Nos. 627 628 629

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Richardville, designated Senator Scott as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 371, entitled

A bill to allow certain active duty service members to terminate contracts with wireless telecommunications providers; to provide for the rights and responsibilities of the parties to those terminated contracts; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide remedies; and to provide for the disposition of civil fines.

The bill was placed on the order of Third Reading of Bills.

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

Senate Bill No. 249, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

Substitute (S-2).

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

1. Amend page 3, following line 4, by inserting:

“Juvenile training pilot project................................................................................................ 100”.

2. Amend page 3, line 20, by striking out “275,000” and inserting “275,100” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 19, following line 8, by inserting:

“Sec. 319. (1) The funds appropriated in part 1 for the juvenile training pilot project shall be used for the purpose of training criminal defense attorneys who accept court-appointed cases concerning juvenile delinquency, abuse, neglect, and protective services. The judiciary shall contract with the state appellate defender office’s criminal defense resource center, which provides training to court-assigned criminal defense attorneys at trial and appellate levels.

(2) Training shall include, but not be limited to, identification of potential trainees, collection of information about the services they provide to court-assigned clients, collection of resources for web access, hosting of direct training events, creation of new resources including practice manuals, and creation of a training network.

Sec. 320. At the request of the funding unit and the state court administrator, the state may elect to delay the filling of non-incumbent circuit court judicial vacancies where the incumbent justice is ineligible to stand for election due to the requirements of state law.”.

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.

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

Senate Bill No. 250, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

Substitute (S-4).

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

During the Committee of the Whole, Senators Thomas and Clarke entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 11:35 a.m.

11:53 a.m.

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

Scheduled Meetings

Appropriations -

Subcommittees -

Community Colleges - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Health Department - Tuesday, June 16, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Higher Education - Tuesday, June 16, 1:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Judiciary and Corrections - Tuesday, June 16, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

K-12, School Aid, Education - Tuesday, June 16, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Natural Resources Department - Tuesday, June 16, 12:00 noon or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Commerce and Tourism - Monday, June 15, 10:00 a.m., Wayne State University, Engineering Development Center Auditorium, 5050 Wayne Anthony Drive, Detroit (373-2413)

Education - Thursday, June 11, 2:30 p.m., Room 210, Farnum Building (373-6920)

Energy Policy and Public Utilities - Thursday, June 11, 1:00 p.m., Room 210, Farnum Building (373-7350)

Health Policy - Monday, June 15, 9:00 a.m., Margherio Conference Center, Mazurek Medical Education Commons, Wayne State University School of Medicine, 320 East Canfield Street, Detroit (373-0793)

Legislative Commission on Statutory Mandates - Thursday, June 25, 9:00 a.m., Oakland County Executive Office Building, Waterford Room, 1st Floor, Building 41-West, 2100 Pontiac Lake Road, Waterford (373-0212)

Legislative Retirement Board of Trustees - Thursdays, June 11, 2:00 p.m., Room H-65, Capitol Building; and September 10 and December 3, 2:00 p.m., Room H-252, Capitol Building (373-0575)

Subcommittee -

Investment - Thursday, June 11, 10:30 a.m., Room S-927, South Tower, House Office Building (373-0575)

Michigan Law Revision Commission - Wednesday, June 24, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 12:03 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Thursday, June 11, 2009, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

890 JOURNAL OF THE SENATE [June 10, 2009] [No. 50

No. 50] [June 10, 2009] JOURNAL OF THE SENATE 891

892 JOURNAL OF THE SENATE [June 10, 2009] [No. 50

No. 50] [June 10, 2009] JOURNAL OF THE SENATE 893

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