No. 28

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Thursday, March 25, 2010.

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 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 Nofs—present

Senator Hansen Clarke of the 1st District offered the following invocation:

Dear Lord, please bless us with the wisdom to live each moment preciously and to live it in that moment. Lord, please bless us with the awareness that each of our lives, regardless of how insignificant they may appear, really matters here on earth. Amen.

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

Motions and Communications

Senators Hunter, Prusi, Cassis, Nofs and Pappageorge entered the Senate Chamber.

Senator Cropsey moved that Senators Kuipers and Garcia be temporarily excused from today’s session.

The motion prevailed.

Senator Cropsey 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:

Senate Bill No. 1226

Senate Bill No. 1227

House Bill No. 5405

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

Senator Thomas moved that Senator Barcia be temporarily excused from today’s session.

The motion prevailed.

Senators Kuipers and Barcia entered the Senate Chamber.

Senator Thomas moved that the Committee on Finance be discharged from further consideration of the following bill:

House Bill No. 5017, entitled

A bill to impose a state assessment on persons engaged in the business of leasing or renting a motor vehicle; to provide for the levy, collection, and administration of the state assessment; to provide for the disposition of the proceeds of the state assessment; to prescribe the powers and duties of certain state departments and certain public entities; and to provide for certain exemptions.

The motion did not prevail, a majority of the members serving not voting therefor.

Senator Thomas requested the yeas and nays.

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

The motion did not prevail, a majority of the members serving not voting therefor, as follows:

Roll Call No. 160 Yeas—15

Anderson Clark-Coleman Jacobs Switalski

Barcia Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Cherry Hunter Scott

Nays—20

Allen George Kahn Patterson

Bishop Gilbert Kuipers Richardville

Brown Hardiman McManus Sanborn

Cassis Jansen Nofs Stamas

Cropsey Jelinek Pappageorge Van Woerkom

Excused—1

Garcia

Not Voting—2

Basham Birkholz

In The Chair: President

Protest

Senator Pappageorge, under his constitutional right of protest (Art. 4, Sec. 18), protested against the motion to discharge the Committee on Finance from further consideration of House Bill No. 5017 and moved that statement he made during the discussion of the motion be printed as his reasons for voting “no.”

The motion prevailed.

Senator Pappageorge’s statement is as follows:

We have an immediate problem and a long-term problem. The immediate problem has already been solved. In committee hearings, when I asked, “Do you plan to spend all of this money on day one?” The answer was no. It is going to be phased. I asked, “Is $15 million enough to get this thing going?” They said, “Absolutely.”

Let’s deal with the immediate problem. You don’t discharge a committee for a long-term solution. Move the $15 million, and let the committee deal with the long-term problem. The idea that there is an immediacy for a long-term problem makes no sense at all.

If you say you want to discharge this thing because we have an immediate problem, which we do not, at least you will be making sense. You make no sense to say that we need to discharge the committee to solve a long-term problem. That is not the purpose of this Legislature.

Senator Cropsey moved that the Committee on Government Operations be discharged from further consideration of the following appointments:

Commission of Agriculture

Ms. Jennifer A. Fike, a Democrat, of 1627 Harbal Drive, Ann Arbor, Michigan 48104, county of Washtenaw, succeeding Ann M. Jousma-Miller, who has resigned, is appointed for a term commencing February 9, 2010 and expiring December 31, 2011.

Ms. Audrey M. Herioux, a Democrat, of 2423 17th Road, Bark River, Michigan 49807, county of Delta, succeeding James E. Byrum, who has resigned, is appointed for a term commencing February 9, 2010 and expiring December 31, 2010.

The motion prevailed, a majority of the members serving voting therefor, and the appointments were placed on the order of Messages from the Governor.

The following communication was received and read:

Office of the Senate Majority Leader

March 24, 2010

Pursuant to PA 549 of 2008, I am making the following appointment to the Benton Harbor Area Schools Promise Zone Authority Board:

Dr. Lynn C. Todman, 200 Lake Street, Unit 7A, St. Joseph, MI 49085

If you have any questions, please feel free to contact Bill Sullivan in my office at 517-373-2417.

Sincerely,

Michael D. Bishop

Senate Majority Leader

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 24:

House Bill Nos. 5155 5777

The Secretary announced that the following official bills were printed on Wednesday, March 24, and are available at the legislative website:

Senate Bill Nos. 1239 1240

House Bill Nos. 5974 5975 5976 5977 5978 5979 5980 5981 5982 5983 5984

Messages from the Governor

Commission of Agriculture

Senator Cropsey moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the appointment, a majority of the members serving voting therefor, as follows:

Roll Call No. 161 Yeas—37

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Nofs Switalski

Brater Hardiman Olshove Thomas

Brown Hunter Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Cherry

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: President

Commission of Agriculture

Senator Cropsey moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the appointment, a majority of the members serving voting therefor, as follows:

Roll Call No. 162 Yeas—37

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Nofs Switalski

Brater Hardiman Olshove Thomas

Brown Hunter Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Cherry

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: President

Senator Cropsey moved that Senator Kahn be temporarily excused from the balance of today’s session.

The motion prevailed.

Messages from the House

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

House Bill No. 4514

The motion prevailed.

Senate Bill No. 389, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805.

The House of Representatives has substituted (H-8) the bill.

The House of Representatives has passed the bill as substituted (H-8), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” (MCL 257.1 to 257.923) by adding section 805; and to repeal acts and parts of acts.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Cropsey moved that the rule be suspended.

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,

Senator Cropsey moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

Senator Kahn entered the Senate Chamber.

Senate Bill No. 1057, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 74101, 74102, 74102a, 74116, 74117, 74120, and 74122 (MCL 324.74101, 324.74102, 324.74102a, 324.74116, 324.74117, 324.74120, and 324.74122), sections 74101 and 74122 as amended by 2004 PA 587, sections 74102, 74116, and 74120 as added by 1995 PA 58, section 74102a as amended by 2006 PA 307, and section 74117 as amended by 2009 PA 197; and to repeal acts and parts of acts.

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 not concurred in, 2/3 of the members serving not voting therefor.

Senator Cropsey moved that the bill be given immediate effect.

The question being on the motion to give the bill immediate effect,

Senator Cropsey moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

Senators Hardiman and Bishop asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hardiman’s statement is as follows:

It is indeed a bittersweet announcement. I have a young man standing here with me, Mr. Joe Thiel. He has worked in my office for quite some time. He is moving on in his career, and we will surely miss him. Joe started in my office as an intern back in 2005, which now sounds like quite a while ago. He graduated from Western Michigan University in 2006 with a double major in political science and criminal justice. He began working again in my office doing constituent services work and has been my constituent services director for quite some time now.

He is leaving my office to continue his career in public service with the Department of Human Services in Grand Rapids. He is currently attending Grand Valley State University and working on his master’s degree in public administration—a wonderful degree to pursue; I have that as well.

He has done a wonderful job. There will be many constituents who are fans of his and will be disappointed to see him leave. In fact, I know of one who calls and sends him cards and all kinds of things because he does such a great job of taking care of folks. I will say this as well: He is a personal friend of mine. We would travel to Lansing at times because he lives in the Grand Rapids area. I will say that as he has volunteered at times to drive a car in parades, I thought people were cheering for me, and then I realized they would be yelling Joe’s name out, which really ticks me off—Joe, just kidding.

He is a fine young man. We have something to present to him, the seal of Michigan. I really appreciate Joe and all he has been to me and what he will continue to be—a friend. We want to wish him well as he moves on in his career. I would love to have my Senate colleagues express their appreciation for Joe as well.

Senator Bishop’s statement is as follows:

It’s my great pleasure to have the opportunity to pay tribute to a very important person and a member of our staff, our family here in the Senate, with whom I have had the pleasure and the honor of working with over the past several years. It’s somebody who has been working in our office for the past several years and has been direct counsel to our office and to me personally. We have so many people here in this chamber who are so important to us, and when we lose them, we reflect back and realize just how important they were.

Today, Bill Sullivan, who is an attorney in our office, served as special counsel and has done so much in so many different areas and for so many different members of this chamber. He is moving on to bigger and better things. We are very happy for Bill, and we are going to miss him; that is for sure. We are very happy to see him moving on in his career. I would like to read the Special Tribute, so that I make sure to mention all the things I can about Bill Sullivan:

“It is with deep appreciation for the hard work and commitment he has exemplified in his service to the Michigan Legislature that we commend Bill Sullivan and congratulate him as he moves on to his new career opportunity. A graduate of the great University of Michigan and Notre Dame Law School, Bill Sullivan began his career as an assistant prosecuting attorney at the Oakland County Prosecutor’s Office. He quickly moved up to the office of State Senator Robert Geake, where he served as chief of staff for three years.

Following his years with Senator Geake, he then worked as chief of staff for Senator Loren Bennett, overseeing office staff, working with the Lansing lobbying corps, drafting legislation, and a variety of other tasks. His years in the Senate Majority Leader’s office began as special counsel and deputy chief of staff to Ken Sikkema. In this role, Bill oversaw the confirmation process on all gubernatorial appointments subject to advice and consent of the Michigan Senate.

He has been a member of the Senate Majority Leader’s office since January 2006, where he has also served as special counsel and as a member of our senior staff advising me very frequently and very effectively. Without fail or hesitation, Bill has stepped up to many challenges over the years. The time, energy, and service Bill has given during many lengthy Senate sessions and his daily work are unparalleled as he is to be commended for his dedication.

In addition to his professional accomplishments, Bill is a member of the city of DeWitt Planning Commission, the city of DeWitt Public Schools Foundation, the Superintendent’s Advisory Committee for DeWitt Public Schools, the State Bar of Michigan, the Notre Dame Club of Lansing, and has been a dedicated volunteer for many local and state campaigns.”

This part gets me, but I am going to say it anyway: “Perhaps most important is his lovely wife Lisa and the fact that he is a father to Ryan Sullivan as well.” That is very important, and Bill has always been a great family man, but this is the sentence that I am a little concerned about: “Bill Sullivan cannot be mentioned without also mentioning his unwavering devotion to his alma mater, the University of Notre Dame.”

I know that he has a special place in his heart for the University of Michigan and the great state of Michigan, but it is the Fighting Irish and his need constantly to display his loyalty to the great Notre Dame that really defines him in our office. We are sorry that they got out of the tournament early this year and that things aren’t so great this year, but we still appreciate him.

On behalf of everybody here in the Senate, thank you for your patience. This is a special person. I am very grateful for my opportunity to know him and work with him. I hope that the members will help thank him as well.

Senator Cropsey moved that Senator Allen be temporarily excused from the balance of today’s session.

The motion prevailed.

Senator Thomas moved that Senator Prusi be temporarily excused from the balance of today’s session.

The motion prevailed.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No. 389, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805.

(This bill was returned from the House with a substitute earlier today, rules suspended and consideration postponed. See p. 501.)

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. 163 Yeas—26

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Scott

Basham George McManus Stamas

Birkholz Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Cassis Hunter Patterson Whitmer

Clark-Coleman Jacobs

Nays—9

Bishop Gilbert Kuipers Sanborn

Brown Kahn Nofs Van Woerkom

Cherry

Excused—3

Allen Garcia Prusi

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.

Senators Allen and Prusi entered the Senate Chamber.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No. 1057, entitled

(This bill was returned from the House earlier today and the motion for immediate effect postponed. See p. 502.)

The question being on the motion to give the bill immediate effect,

The motion prevailed, 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.

Recess

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

The motion prevailed, the time being 10:58 a.m.

1:50 p.m.

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

During the recess, Senator Garcia entered the Senate Chamber.

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 Stamas 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 bills:

Senate Bill No. 115, entitled

A bill to amend 1993 PA 354, entitled “Railroad code of 1993,” (MCL 462.101 to 462.451) by adding section 318.

House Bill No. 5219, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1079.

House Bill No. 5405, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

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:

Senate Bill No. 941, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 10a and 10b (MCL 400.10a and 400.10b), as added by 1996 PA 190, and by adding section 10c.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey 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. 5405

House Bill No. 5219

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

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

Senate Bill No. 1115

House Bill No. 5937

Senate Bill No. 1222

House Bill No. 5405

House Bill No. 5219

House Bill No. 4370

House Bill No. 4394

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1115, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending sections 103, 207, 208, 256, 257, and 306 (MCL 331.1103, 331.1207, 331.1208, 331.1256, 331.1257, and 331.1306), section 103 as amended and sections 256 and 257 as added by 1988 PA 502 and section 306 as amended by 1998 PA 62, and by adding section 305a.

The question being on the passage of the bill,

Senator Hardiman offered the following amendment:

1. Amend page 15, line 15, after “APPLICABLE” by striking out the balance of the line through “CORPORATION” on line 17.

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

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 164 Yeas—38

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Hardiman’s statement is as follows:

The bill will allow Spectrum Health Services and the Mecosta County Hospital to merge. This is a friendly merger. Mecosta County Hospital approached Spectrum Health Services in my district about joining forces. This allows them to do that more efficiently and effectively. It will help improve health care in that district.

The amendment was requested by DELEG. It clears up possible confusion about legal ownership of the Mecosta County Hospital and allows the main purpose of the bill to move forward. I would ask for the body’s adoption.

The following bill was read a third time:

House Bill No. 5937, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 27a (MCL 205.27a), as amended by 2003 PA 23.

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—38

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1222, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2008 PA 472.

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—30

Allen Cherry Jansen Patterson

Anderson Clarke Kahn Prusi

Barcia Cropsey Kuipers Richardville

Basham George McManus Sanborn

Birkholz Gilbert Nofs Stamas

Bishop Gleason Olshove Van Woerkom

Brown Hardiman Pappageorge Whitmer

Cassis Hunter

Nays—8

Brater Garcia Jelinek Switalski

Clark-Coleman Jacobs Scott Thomas

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protests

Senators Jacobs, Switalski, Garcia, Brater and Thomas, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1222.

Senators Jacobs, Switalski and Brater moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”

The motion prevailed.

Senator Jacobs’ statement is as follows:

I rise today as the vice chair of the fiscally-conservative caucus. I rise in opposition to this bill, and honestly, there is no humor in this. I like freight haulers, and I really would like to help them out. I think we have a serious problem with cascading. I think we need to fix a broken MBT, but what we do is we come in each week and we nibble away to help various industries that are having problems with the MBT.

I would like to call again for an entire overhaul of this tax system. We need to take a holistic approach to what we are doing here. We are not doing this by coming in every week and taking care of this group one week and this group the next week. The irony of what we are doing here hasn’t escaped me either. We have heard that we can’t fund Pure Michigan, and we decided that we wouldn’t give Pure Michigan a dedicated revenue source. This is going to cost us $7 million if we do this. That would pay for half the Pure Michigan money. We need to have a more viable program.

If we are supposed to live within our means, then I don’t understand why we are doing these kinds of things. I am hearing all sorts of conflicting messages from folks in this chamber. I cannot vote in favor of this. I hope that we will be able to have a total restructuring of our tax system at some point before the end of the year that truly reflects the needs of our business community and one that is more reflective of the type of economy we have here in Michigan.

Senator Switalski’s statement, in which Senator Garcia concurred, is as follows:

I rise as the co-chair of the fiscal responsibility caucus. I am proposing a merger with the fiscally-conservative cau- cus, so we can put those two organizations together. I want to say that the principle that we should follow in this is the pay-as-you-go, but what we are being asked to grant is an $8 million tax cut. That is the Treasury estimate on the summary of the bill here—$8 million. Shouldn’t we pay for the $8 million, or are we just going to give away the $8 million?

Everybody comes in and says this tax is unfair. I am being double charged. This is unreasonable. Everybody comes in and says that, but if it is justified, pay for it. Find the $8 million somewhere else that isn’t justified or that is a lower priority. You can’t just give it away. This is spending by another name. Why don’t we have a procedure where we are going to reform the tax code, and get rid of some inequity? Well, let’s reform the tax code, and get rid of some loophole or some windfall that somebody is getting and say budget neutral. We found one where we are wasting money, and we are not getting good results for it. We are going to switch it over to somebody is being double charged, penalized, or cascaded on. But you can’t just give money away every day and not pay for it. I will be voting “no” on this.

Senator Brater’s statement is as follows:

I rise to express my concern about this bill that is before us today because it is too narrow a bill. I think that if we were going to look at all of the disparities and unfairness of the tax code in the state of Michigan, then we need to look at it as a whole. We have $37 billion worth of tax expenditures in our budget, and that is equal to all of the revenues in all the funds combined.

We have in the Gallery today students who came to visit us from all around the state to call attention to the shortfall in funding for higher education. I think it is irresponsible of this body to be spending time looking at repairing inequity in the tax code because it is for a very narrow special interest. It is a very specialized approach that we are taking. We should really be spending our time looking at the system as a whole and making the budget whole. This bill is not accomplishing that.

We need to stop giving that away and nickel-and-diming ourselves into a deeper and deeper budget hole, which is what we did all through the ’90s and the beginning of this decade. Let’s stop taking a narrow approach, and let’s open up our ears. If the ears are deaf on the other side of the aisle, maybe you could sharpen them up a little bit or at least open your eyes that we need to look at this terrible budget crisis that we have in this state as a whole and not look at little pieces of it one at a time. For that reason, I will not be supporting this bill today.

Senator Thomas’ statement is as follows:

I voted “no” on Senate Bill No. 1222 because it is a piecemeal fix to a problem that was created by the Senate majority caucus and the chair of the Senate Finance Committee, by insisting that as we renewed the Michigan business tax that we go to a silly gross receipts portion of the tax. Were it not for the actions of the Republican majority insisting that we have this gross receipts tax, we wouldn’t have to go through these piecemeal approaches to repeal the things that you did. That is why I voted “no.” We should look at a broader reform of the gross receipts tax. It was a mistake that you all made, and I don’t want to piecemeal fix it. I just want to fix it.

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

The motion prevailed.

Senator Cassis’ statement is as follows:

Senate Bill No. 1222 passed out of the Senate Finance Committee in a bipartisan way with only one of my colleagues from the other side of the aisle, who spoke previously, passing—did not even vote “no.” Apparently, now you have a change of heart about helping small businesses in our state. This bill corrects a blatant unfairness in the Michigan business tax, the problem of cascading or pyramiding. Better put, it deals with stopping double taxation. Its purpose is to save jobs, especially among small businesses.

My friends who have argued now against this bill, on the other side of the aisle, seem to forget something. You decide when and where to pick and choose when you will be fiscally responsible. You cordon off refundable tax credits to Hollywood producers despite those credits being ineffective and extremely costly to our state. The Michigan Education Association, in consultation with a noted economist here in Lansing, Patrick Anderson, has attested to this fact. You are not willing to discuss these Hollywood giveaways, and you are not willing to say how those giveaways hurt other small businesses that have to pay the freight. No pun intended, but we are talking about transport companies in this state that do deliver freight.

These same small businesses that I am talking about that Senate Bill No. 1222 will help have been long-term taxpayers in this state. Whereas, your Hollywood folks pay no taxes in this state and get refundable checks. Tell me how you are fiscally responsible. You are neither fiscally responsible, nor are you conservative. You are picking winners and losers under the guise of trying to save money for this state. While many small businesses—like the ones we are addressing today—have told us they will have to close their doors and let more workers go on unemployment, this makes no sense, and your arguments fall on deaf ears.

I hope that my colleagues with rectify this problem today and support Senate Bill No. 1222. It has a Democratic sponsor in the House who recognized this cascading problem as being so severe and so serious.

The following bill was read a third time:

House Bill No. 5405, entitled

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. 167 Yeas—35

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Scott

Basham Garcia Kahn Stamas

Birkholz George Kuipers Switalski

Bishop Gilbert McManus Thomas

Brater Gleason Nofs Van Woerkom

Brown Hardiman Olshove Whitmer

Cherry Hunter Pappageorge

Nays—3

Cassis Patterson Sanborn

Excused—0

Not Voting—0

In The Chair: Richardville

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5219, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 1079.

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—38

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

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 consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4370, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2008 PA 463.

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—27

Allen Cherry Hardiman Prusi

Anderson Clark-Coleman Hunter Scott

Barcia Clarke Jacobs Switalski

Basham Cropsey Jelinek Thomas

Birkholz George Kahn Van Woerkom

Brater Gilbert Olshove Whitmer

Cassis Gleason Pappageorge

Nays—11

Bishop Jansen Nofs Sanborn

Brown Kuipers Patterson Stamas

Garcia McManus Richardville

Excused—0

Not Voting—0

In The Chair: Richardville

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 provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4394, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 602b.

The question being on the passage of the bill,

Senator Gilbert offered the following amendment:

1. Amend page 2, line 14, by striking out all of subsection (3) and renumbering the remaining subsections.

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

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 170 Yeas—28

Anderson Clark-Coleman Hunter Patterson

Barcia Clarke Jacobs Prusi

Basham Cropsey Jelinek Scott

Birkholz George Kahn Switalski

Brater Gilbert Nofs Thomas

Cassis Gleason Olshove Van Woerkom

Cherry Hardiman Pappageorge Whitmer

Nays—10

Allen Garcia McManus Sanborn

Bishop Jansen Richardville Stamas

Brown Kuipers

Excused—0

Not Voting—0

In The Chair: Richardville

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 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 Stamas as Chairperson.

House Bill No. 5018, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 3A.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:

House Bill No. 5018

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

The following bill was announced:

Senate Bill No. 395, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24c (MCL 211.24c), as amended by 2003 PA 247.

(This bill was read a third time on March 18, amendment offered and consideration postponed. See Senate Journal No. 25, p. 430.)

The question being on the adoption of the amendment offered by Senator Thomas,

Senator Thomas requested the yeas and nays.

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

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

Roll Call No. 171 Yeas—17

Anderson Clark-Coleman Hunter Prusi

Barcia Clarke Jacobs Scott

Basham Garcia Olshove Thomas

Brater Gleason Patterson Whitmer

Cherry

Nays—21

Allen George Kahn Richardville

Birkholz Gilbert Kuipers Sanborn

Bishop Hardiman McManus Stamas

Brown Jansen Nofs Switalski

Cassis Jelinek Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

Protests

Senators Kahn, Gilbert, Pappageorge, Hardiman and Cassis, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Thomas to Senate Bill No. 395.

Senators Kahn, Gilbert and Cassis moved that the statements they made during the discussion of the amendment be printed as their reasons for voting “no.”

The motion prevailed.

Senator Kahn’s statement is as follows:

I rise in reluctant opposition to this amendment. I appreciate the eloquence of the Senator from the 4th District, who spoke about the needs for considering other types of sales. However, the issue that he brings to us is more complicated than his amendment would solve. There are short sales as well as foreclosures.

Because of his work last week, another bill is available that the Senate Finance chair has in her possession. I freely offer that to the Senator from the 4th District for consideration as a separate vehicle, a separate bill, and potentially a separate act. It would, of course, go through the hearing process and the amending process. With sympathy for his concerns but concern for the overall structure of this amendment, I would ask that it be defeated.

We should have a chance to vote on the bill as heard in committee and voted out of committee, which allows for us to expand the time available for individuals to prepare their tax appeals.

Senator Gilbert’s statement, in which Senators Pappageorge and Hardiman concurred, is as follows:

The previous speaker mentioned my bill. It is one that I have been working on. I think the problem with this amendment is it needs to be refined. It includes all foreclosures. Not all foreclosures are market transactions. Therefore, if you include them—those that aren’t arms-length transactions—you are going to drive down property values far below what they should be. I realize the purpose of this is to find the fair market value. I think this goes a step too far, so I urge rejection of this amendment.

Senator Cassis’ statement is as follows:

I understand that this issue is an important one to the taxpayers of this state. I would request that any bill that speaks to the issue of foreclosures be submitted to the Finance Committee. We will take those up. At that time, we can sort through foreclosures and other factors that impinge on the overall assessment, as it is done on a yearly basis. I would like to see state real estate developers, county equalization directors, and assessors all come in. Let’s have a full hearing because I think it is a very important issue.

I definitely would urge my good colleague from the 4th District and my colleague who sits on the Finance Committee to both have hearings on respective bills, and we will take them up and report them. Do not attempt to amend this very important piece of legislation or slow it down today. I pledge working with both Senator Thomas and Senator Gilbert.

Senator Cropsey moved that rule 3.505 be suspended to allow Senator Anderson to vote “yea” on the adoption of the amendment offered by Senator Thomas.

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. 172 Yeas—38

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 41

Senate Resolution No. 75

Senate Resolution No. 88

The motion prevailed.

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

Senate Resolution No. 135

The resolution consent calendar was adopted.

Senators Barcia, George, Kahn, Gleason, Hunter, Olshove and Scott offered the following resolution:

Senate Resolution No. 135.

A resolution observing May 2010 as Dandy-Walker Syndrome and Hydrocephalus Awareness Month.

Whereas, The Dandy-Walker Alliance, Inc., is the only national organization focusing on promoting the public good and support education, informational activities, and nonpartisan research that increases public awareness of the congenital birth defect known as Dandy-Walker syndrome; and

Whereas, Dandy-Walker syndrome is the most common congenital malformation of the cerebellum, and its causes are largely unknown; and

Whereas, Between 10,000 and 40,000 people have Dandy-Walker syndrome in the United States. The incidence of Dandy-Walker syndrome is at least 1 case per every 25,000 to 35,000 live births. However, this is likely a significant underestimate because of difficulties diagnosing this syndrome; and

Whereas, The Metropolitan Atlanta Congenital Defects Program of the Centers for Disease Control and Prevention reports that Dandy-Walker syndrome may affect as many as 1 in 5,000 live births; and

Whereas, Patients with Dandy-Walker syndrome present with developmental delay, enlarged head circumference, or signs and symptoms of hydrocephalus; and

Whereas, Dandy-Walker syndrome affects males and females fairly equally; and

Whereas, Seizures occur in 15 percent to 30 percent of patients with Dandy-Walker syndrome; and

Whereas, Subnormal intelligence is manifested in 41 percent to 71 percent of patients with Dandy-Walker syndrome; and

Whereas, Failure to diagnose Dandy-Walker syndrome with hydrocephalus in a neonate or child can cause serious neurological complications; and

Whereas, Approximately 70 percent to 90 percent of patients with Dandy-Walker syndrome have hydrocephalus; and

Whereas, Dandy-Walker syndrome accounts for approximately 1 percent to 4 percent of hydrocephalus cases; and

Whereas, Hydrocephalus is a serious neurological condition, characterized by the abnormal buildup of cerebrospinal fluids in the ventricles of the brain. There is no known cure for hydrocephalus, and it affects an estimated 1 million Americans; and

Whereas, Over 375,000 older Americans have hydrocephalus, which often goes undetected or is misdiagnosed as dementia, Alzheimer’s disease, or Parkinson’s disease; and

Whereas, With appropriate diagnosis and treatment, people with hydrocephalus are able to live full and productive lives; and

Whereas, The standard treatment for hydrocephalus was developed in 1952 and carries multiple risks, including shunt failure, infection, and overdrainage; now, therefore, be it

Resolved by the Senate, That the members of this legislative body proclaim the month of May 2010 as Dandy-Walker Syndrome and Hydrocephalus Awareness Month in Michigan; and be it further

Resolved, That a copy of this resolution be forwarded to Delta Community College student Katelyn Dekoski with our highest esteem and encouragement as she successfully lives with Dandy-Walker syndrome.

Senators Anderson, Cherry, Clark-Coleman, Clarke, Jacobs and Pappageorge were named co‑sponsors of the resolution.

Senate Concurrent Resolution No. 35.

A concurrent resolution to reject the 3 percent compensation increase authorized for civil service employees by the Civil Service Commission for the 2010-2011 fiscal year.

(This concurrent resolution was not adopted on March 17 and the vote reconsidered. See Senate Journal No. 24, p. 417.)

The question being on the adoption of the concurrent resolution,

Senator Cropsey moved that the previous question be ordered.

The motion prevailed.

The question being on the adoption of the concurrent resolution,

Senator Cropsey requested the yeas and nays.

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

The concurrent resolution was not adopted, 2/3 of the members serving not voting therefor, as follows:

Roll Call No. 173 Yeas—23

Allen Garcia Kahn Richardville

Birkholz George Kuipers Sanborn

Bishop Gilbert McManus Stamas

Brown Hardiman Nofs Switalski

Cassis Jansen Pappageorge Van Woerkom

Cropsey Jelinek Patterson

Nays—15

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Thomas

Basham Clarke Olshove Whitmer

Brater Gleason Prusi

Excused—0

Not Voting—0

In The Chair: Richardville

Protests

Senators Prusi, Cherry, Clark-Coleman, Jacobs and Scott, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Concurrent Resolution No. 35.

Senator Prusi moved that the statement he made during the discussion of the resolution be printed as his reasons for voting “no.”

The motion prevailed.

Senator Prusi’s statement, in which Senators Cherry, Clark-Coleman, Jacobs and Scott concurred, is as follows:

I know that this is the third time that we are going to deal with this, and hopefully, it is the final time. We were told earlier in the budget process that the Budget Office needed $50 million in concessions from state employees. They have turned around and all of the bargaining units have agreed to the concessions. They have given the state back another $50 million this round of bargaining on top of the $650 million to $700 million that they have sacrificed over the previous several budget cycles.

I have a little over a thousand corrections officers up in my district in the Upper Peninsula. They work hard every day. They manage the worst of our society, and they continue to do that day in and day out, even though the State Legislature seems to think that their jobs aren’t worth what they negotiated in the past. Maybe you can look those men and women in the eye and tell them that their jobs aren’t worth what they negotiated, but I can’t do that.

Our state troopers, how would you like to be on the porch of a domestic violence call not knowing whether the person inside is armed; whether or not the people inside are in danger; whether or not your life is in danger. Maybe you can look those state troopers in the eye and tell them their jobs aren’t worth what they negotiated. I can’t do that.

Maybe you can look at the DHS workers who sit at their desks day in and day out dealing with family after family after family who come to them trying to get back on their feet and trying to work their way through the troubles that this state is experiencing. Maybe you can look these people in the eye and tell them that their jobs aren’t worth what they negotiated, but I can’t do that.

You talk about the people who have pushed us to do this. I won’t read their names, but I have a list of some of the earnings from some of the people who are pushing this resolution. One of the chief executive officers, his salary in 2007 was $7.17 million. In 2008, it went up 9 percent to $7.5 million with a 2008 bonus of $3.15 million; another gentleman, $5 million in 2007 and $5.4 million in 2008, a 7 percent increase. It goes on—someone making $42 million annually. These are people who are asking middle-class employees in the state of Michigan who have been sacrificing time after time to take 3 percent less for the work they do on our behalf.

They are people who put their lives on the line and spend their days dealing with the toughest problems in the state of Michigan. You can look those people in the eye and tell them you want to take their raise away, but I won’t do that.

Senator Cherry’s statement, in which Senators Jacobs and Scott concurred, is as follows:

I wanted to remind the majority and the Majority Leader that I don’t know how we can be challenged anymore about how we are going to solve this budget problem. I think that the Senate Democrats have noted time and time again what they think are the priorities for this state and how they would solve this budget crisis.

In terms of those budget cuts that are occurring, I think that we voted yesterday and the day before on a number of budget cuts that include massive layoffs and puts this state into jeopardy. I think that those things are happening, and I don’t believe that it makes sense to only deal with state and public employees to solve all your budget problems. We now have a proposal to require employees to pay more for their health care. We have retirement bills that cut their retirement. We are always talking about cutting their wages.

I believe if you really want to solve the problem, you would be working together with the House Democrats and some of those employee groups to come up with a solution that really solves the problem.

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

The motion prevailed.

Senator Bishop’s statement is as follows:

This is the third attempt at this resolution to do what the Constitution provides that the Legislature is obligated to do in order to reject a pay increase. Three years ago when this was negotiated, it may have been reasonable to look out into the future and be able to afford a 3 percent pay increase. Maybe that was reasonable at the time. It certainly is not reasonable today.

While the rest of the world, especially the private sector, is contracting massively to try to adapt to this new environment that we find ourselves in, the state continues down a path blindly pursuing an agenda that we have done for years. We are attempting to live up to a lifestyle that we cannot afford. We are continuing to ignore the facts and have our heads buried in the sand. It is not going to make our job any easier. Every day, we are going to be faced with the responsibility of trying to close a $1.3 billion to $1.8 billion budget gap. The only way we are going to do that is if we do things differently than what we have done in the past. The only way we are going to do that is if we confront the things that have gotten us to this point in the first place.

It is going to take a lot, and it is going to take a lot of courage. It is going to take members to do things that they are not comfortable doing. Somehow between now and the balance of this fiscal year, we have got to balance our budget. If the choice is to raise taxes to live up to that lifestyle where we go to our citizens and say we don’t have enough money, give us more, I want to see someone put that on the table, I want to see someone from the House put a proposal up on the table, vote on it, and tell us where we are going to get the money.

I want to see somebody in the Senate Democratic Caucus put a proposal on the table, and then put it up for a vote. I would like to see where they are going to get the money. I challenge you to do that. If you are not willing, if you are not courageous enough to pursue that dream of yours to afford something that you cannot, by raising taxes, then I would say to you: Tell me where you are going to get the savings. Where are you going to get the money? Which program are we going to cut next? Are we going to cut education? Are we going to cut law enforcement? If you want people at the doorstep of a domestic violence offense, you better hope that you have a trooper at the time when that trooper is needed.

The irony of all this is that as we continue to fight where we are today and fight for contracts that we can’t afford, we put ourselves in a position that the only remedy is to clip the employees altogether—massive layoffs. We simply can’t afford the workforce we have. You don’t want to pay for them, and you don’t want to afford the contracts. So you just get rid of them. You won’t have troopers. You won’t have DHS employees. You won’t have teachers because we can’t afford them.

Today, we also talked about a reform on teacher retirement. It would save hundreds of millions of dollars over time. We can’t get enough votes for that either because people are too afraid to do the right thing. Until we get the courage to stand up to those interest groups and make tough decisions, we will be here until the end of time trying to balance a budget we have no control over. It is our constitutional responsibility to balance this budget. We stand here today with options in front of us and not the courage to pull the trigger on the options.

I hope that over the next two weeks when all of you are back with your constituents that you listen to them, and come back with the courage and intestinal fortitude to do the right thing. Sitting around here doing nothing is not an option for me.

Senator Cropsey moved that Senator Pappageorge be excused from the balance of today’s session.

The motion prevailed.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the following bill be placed at the head of the Third Reading of Bills calendar:

House Bill No. 5018

The motion prevailed.

The following bill was read a third time:

House Bill No. 5018, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 3A.

The question being on the passage of the bill,

Senator Jacobs offered the following amendments:

1. Amend page 2, line 8, after “THE” by striking out “STATE TREASURER” and inserting “FUND”.

2. Amend page 3, following line 9, by inserting:

“(8) THE POWERS AND DUTIES OF THE FUND UNDER THIS CHAPTER SHALL BE EXERCISED AND PERFORMED BY THE MICHIGAN ECONOMIC DEVELOPMENT CORPORATION AS A JOINT EXERCISE OF POWER AUTHORIZED UNDER THE URBAN COOPERATION ACT OF 1967, 1967 (EX SESS) PA 7, MCL 124.501 TO 124.512, PURSUANT TO THE CONTRACTUAL INTERLOCAL AGREEMENT, EFFECTIVE APRIL 5, 1999, BETWEEN LOCAL PARTICIPATING ECONOMIC DEVELOPMENT CORPORATIONS FORMED UNDER THE ECONOMIC DEVELOPMENT CORPORATIONS ACT, 1974 PA 338, MCL 125.1601 TO 125.1636, AND THE FUND.”.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Allen offered the following amendment:

1. Amend page 3, following line 9, by inserting:

“(8) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2010, $9,500,000.00 IS APPROPRIATED FROM THE MICHIGAN PROMOTION FUND TO BE USED AS PROVIDED IN THIS CHAPTER.”.

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

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 174 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Nofs Thomas

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Pappageorge

Not Voting—0

In The Chair: Richardville

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 relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

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

The motion prevailed.

Senator Cassis’ statement is as follows:

The bill in its original form as it stands today keeps this fund with Michigan’s Department of Treasury. At this point in time, I am really astounded that my colleagues on the other side of the aisle would like to transfer anything to the Michigan Economic Development Corporation in concert with what they call interlocal agreements. If you recall, they recently established a mechanism for forced unionization in this state. Come on, let’s get real.

In addition, this attempt to expand Michigan Economic Development Corporation’s role is actually extremely shortsighted in reference to the RASCO fiasco. I don’t know what my colleagues on the other side of the aisle are thinking, but I urge that we reject this amendment.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No. 578, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72102, and 72110 (MCL 324.72101, 324.72102, and 324.72110), section 72101 as amended by 1997 PA 129 and sections 72102 and 72110 as added by 1995 PA 58, and by adding sections 72114, 72115, and 72116.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding sections 72114 and 72115.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Cropsey moved that the rule be suspended.

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—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Nofs Thomas

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Pappageorge

Not Voting—0

In The Chair: Richardville

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.

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

The motion prevailed.

Senator Brown’s statement is as follows:

Senate Bill No. 578 is part of the right-to-ride legislation that requires the department to use a transparent, documented, and science-based process when making decisions on where horse riders can ride on public lands. It is significant to note that the bill provides the department with the control it needs to make decisions, while giving the people a voice in this process to help hold the department accountable for its decisions. The people of Michigan who asked for this legislation have experienced a bumpy ride and many challenges from the department, not all of which, I believe, have been fair. But we are past that now. Concerns over the protection of $25 million in federal funds have been allayed, and the voice of the people, with the Governor’s pending signature, will be established in law.

I would like everyone to take note of those who are here with us in the north Gallery, the Back Country Horsemen of Michigan. Upon the conclusion of my remarks at an appropriate time, if they can be acknowledged and introduced. They have persevered for many days and months and are here today to see the final vote on this legislation. They are appreciative of your vote of support. I ask members to vote “yes” on this final bend in the trail for the right-to-ride legislation.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Allen, Gleason, Birkholz and George introduced

Senate Bill No. 1242, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3539 (MCL 500.3539), as amended by 2005 PA 306, and by adding chapter 37A.

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

Senators George, Gleason, Birkholz and Allen introduced

Senate Bill No. 1243, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 401e, 402b, 608, 609, 610, 612, and 613 (MCL 550.1401e, 550.1402b, 550.1608, 550.1609, 550.1610, 550.1612, and 550.1613), section 401e as added by 1996 PA 516, section 402b as amended by 1999 PA 7, section 608 as amended by 1991 PA 73, and section 609 as amended by 2003 PA 59, and by adding sections 220, 409b, and 419c.

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

Senators Birkholz, George, Gleason and Allen introduced

Senate Bill No. 1244, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2213b, 3406f, and 3711 (MCL 500.2213b, 500.3406f, and 500.3711), section 2213b as amended by 1998 PA 457, section 3406f as added by 1996 PA 517, and section 3711 as added by 2003 PA 88, and by adding sections 2264b and 3710.

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

Senators Gleason, Allen, Birkholz and George introduced

Senate Bill No. 1245, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3501, 3503, 3519, and 3537 (MCL 500.3501, 500.3503, 500.3519, and 500.3537), sections 3501 and 3537 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, and section 3519 as amended by 2005 PA 306, and by adding section 3406s and chapter 37B.

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

Senator Jacobs introduced

Senate Bill No. 1246, entitled

A bill providing for the joinder of this state in an interstate compact on the placement of children; to prescribe powers and duties of the department of human services; to prescribe jurisdiction of certain courts; to provide for agreements between this state and its subdivisions and other states and their subdivisions; 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 Families and Human Services.

Senator Van Woerkom introduced

Senate Bill No. 1247, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 3111 (MCL 324.3111).

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Kahn, Birkholz, McManus and Barcia introduced

Senate Bill No. 1248, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 41301 and 41309 (MCL 324.41301 and 324.41309), section 41301 as amended by 2009 PA 51 and section 41309 as amended by 2009 PA 52.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senator Allen introduced

Senate Bill No. 1249, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” (MCL 21.141 to 21.147) by adding section 2g.

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

House Bill No. 5155, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190.

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 Health Policy.

House Bill No. 5777, entitled

A bill to regulate the use of ropes, chains, wires, or similar devices in blocking access to certain land; and to provide for penalties.

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 Agriculture and Bioeconomy.

By unanimous consent the Senate returned to the order of

Resolutions

Senator Thomas moved that Senator Switalski be excused from the balance of today’s session.

The motion prevailed.

Senator Cropsey moved that Senator Sanborn be excused from the balance of today’s session.

The motion prevailed.

Senator Cassis offered the following resolution:

Senate Resolution No. 131.

A resolution celebrating the 100th Anniversary of Providence Hospital.

Whereas, The House of Providence was established in 1869 as a safe house, as well as a maternity hospital for unwed mothers and orphans. On April 10, 1910, Providence Hospital paved the way for the creation of a general medical servicing hospital located in Detroit. The building housed both the safe house and hospital until 1953 when the unwed mothers moved to a new location; and

Whereas, In 1955, Chairman Richard Krafre announced the purchase of 22 acres on 9 Mile Road, west of Greenfield Road. Construction commenced on October 28, 1962, and upon completion, the building was dedicated by then-Archbishop John Dearden on March 6, 1965. A designated moving day was set for March 31 of that year, and for five consecutive hours with only five ambulances, all 88 patients were transported to the new Southfield location. This improvement created a residential growth in the southern part of Oakland County. The hospital opened the Providence School of Nursing that served the surrounding communities until the last class graduated in 1975. In 2002, a legislative amendment sponsored by then-Representative Nancy Cassis allowed hospitals to transfer up to one-third of their unused beds to growing communities that were in desperate need of accessible, quality health care. This amendment paved the way for Providence Hospital to build a new hospital, which was one of the first new hospitals to be built in southeast Michigan in 20 years. After a three-year construction process, Providence Park Hospital-Novi opened its doors in August 2008; and

Whereas, Providence Hospital has been a part of many medical firsts in both the region and the United States. The hospital has served as the area’s first Joslin Diabetes Center, as well as one of the first in the United States to begin a study to treat patients with aneurysm coils, which are designed to prevent recurring brain aneurysms. Providence Hospital was also the first in southeast Michigan to offer a brain stent approved by the FDA; and

Whereas, As a leader, Providence Hospital has accomplished a tremendous amount of milestones in its 100 years, including distinguishing itself as a leader and ranking as one of the top 100 cardiovascular hospitals in the United States through its advanced heart and vascular management in the Cardiovascular Care Department; a large number of its physicians recognized by Hour Detroit magazine as Top Docs; awards for joint replacement as well as a primary stroke certification from Joint Commission on Accreditation of Healthcare Organizations (JCAHO); designated as Center of Excellence by Blue Cross/Blue Shield; and receiving the Governor’s Award of Excellence for improving care in both the hospital and emergency room settings; now, therefore, be it

Resolved by the Senate, That we join together with the numerous individuals who have been a part of the Providence Hospital family, as well as those who will benefit from the hospital in the future, in celebrating the 100th Anniversary of Providence Hospital and the many accomplishments of this hospital and its staff; and be it further

Resolved, That a copy of this resolution be transmitted to the outstanding people of Providence Hospital as a token of our esteem.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Cropsey moved that the rule be suspended.

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

The resolution was adopted.

Senators Allen, Anderson, Basham, Barcia, Bishop, Brater, Brown, Cherry, Clarke, Cropsey, George, Gleason, Hardiman, Jacobs, Jansen, Kahn, Kuipers, McManus, Nofs, Olshove, Pappageorge, Richardville, Scott, Stamas, Switalski, Thomas and Van Woerkom were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Cassis’ statement is as follows:

Senate colleagues, I am very, very proud to offer this resolution in celebration of the 100th anniversary of Providence Hospital in Michigan. I know several of my colleagues share in this congratulatory resolution. Let me read to you because it is very special:

Whereas, In 1955, Chairman Richard Krafre announced the purchase of 22 acres on 9 Mile Road, west of Greenfield Road. Construction started in 1962; the building was dedicated by then-Archbishop John Dearden on March 6, 1965. The hospital opened the Providence School of Nursing that served the surrounding communities until the last class graduated in 1975. This was part of the Southfield location. In 2002, a legislative amendment allowed hospitals to transfer up to one-third of their unused beds to growing communities that were in desperate need of accessible, quality health care. This paved the way for Providence Hospital to build a new hospital in Novi, Michigan, which was the first new hospital to be built in southeast Michigan in 20 years. Providence has contributed so much to the well-being and health of people in the region and through the United States. It has served as the area’s first Joslin Diabetes Center, as one of the first also and importantly to begin a study to treat patients with aneurysm coils, which are designed to prevent reoccurring brain aneurysms.

There are so many milestones we could recite in their 100 years, but I think I’m going to pick a few, especially distinguishing itself as a leader and ranking as one of the top 100 cardiovascular hospitals in the United States through its advanced heart and vascular management in the Cardiovascular Care Department; a large number of its physicians recognized by Hour Detroit magazine as Top Docs; and receiving the Governor’s Award of Excellence for improving care in both the hospital and emergency room settings.

Now this is such an exemplary health organization system. We are blessed that it is in our midst, and therefore, resolved by the Senate, that we join together with the numerous individuals who have been a part of the whole Providence Hospital family, as well as those who will benefit from the hospital long into the future, as we celebrate the 100th anniversary of Providence Hospital, its many, many talented people who have gone before us, and the new ones who are with us today and will be in the future.

Resolved, that a copy of this resolution be transmitted to the outstanding people of Providence Hospital as a token of our esteem.

Senator Richardville offered the following resolution:

Senate Resolution No. 136.

A resolution recognizing April 9, 2010, as Ernie Harwell Day in the state of Michigan.

Whereas, Ernie Harwell, born and raised in Georgia, spent 55 years broadcasting Major League Baseball, beginning his baseball career with the Atlanta Crackers in 1943 and moving to the majors with the Brooklyn Dodgers in 1948; and

Whereas, Ernie Harwell found his way to Michigan in 1960, starting a 42-year run as the voice of the Detroit Tigers; and

Whereas, He perfectly embodied the working-class values of his adoptive home, missing only two broadcasts in his legendary career; and

Whereas, Ernie Harwell received more awards and honors than can possibly be listed, including induction into nine halls of fame, topped by winning the Ford C. Frick Award in 1981, and enshrinement in the broadcasters’ wing of the Baseball Hall of Fame in Cooperstown, New York; and

Whereas, Generations of Michigan residents and Tigers fans have grown up listening to Ernie Harwell and often reminisce about his unique broadcasting style that includes a sweet Southern drawl, the annual visit from the Voice of the Turtle, and familiar phrases such as “Right down Woodward,” “He stood there by a house on the side of the road,” and “That one is looooooong gone”; and

Whereas, April 9, 2010, will be the Detroit Tigers’ home opener of the 2010 baseball season; now, therefore, be it

Resolved by the Senate, That the members of this legislative body do hereby declare April 9, 2010, as Ernie Harwell Day in Michigan. We urge all Michigan residents and Detroit Tigers fans alike to celebrate the Detroit Tigers’ 2010 home opener as Ernie Harwell Day; and be it further

Resolved, That a copy of this resolution be transmitted to Ernie Harwell and the Detroit Tigers as a token of our highest esteem.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Cropsey moved that the rule be suspended.

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

The resolution was adopted.

Senator Cropsey moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.

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

Senators Kuipers, Kahn, Cropsey, Brown, Patterson, Bishop, Hardiman, Nofs, Gilbert, Richardville and McManus offered the following resolution:

Senate Resolution No. 137.

A resolution to encourage and support the Attorney General of the state of Michigan in his efforts to represent the citizens of this state in all legal matters, regardless of the wishes or political views of the Governor.

Whereas, The Attorney General is a constitutionally-created office that is elected by the citizens of Michigan to represent the state in all legal matters; and

Whereas, MCL 14.28, as amended, specifically states that the Attorney General shall, when requested by the Governor, or either branch of the Legislature, and may, when in his own judgment the interests of the state require it, intervene in and appear for the people of this state in any other court or tribunal, in any cause or matter, civil or criminal, in which the people of this state may be a party or interested; and

Whereas, The action by the Attorney General of the state of Florida regarding the Patient Protection and Affordable Care Act, H.R. 3590, reasserts the powers vested to the states as enumerated by the Tenth Amendment to the United States Constitution; and

Whereas, The Attorney General of Michigan should at all times defend Michigan’s rights under the United States Constitution; and

Whereas, The Michigan Senate is deeply concerned with the provisions of the Patient Protection and Affordable Care Act that require the state to expand its current Medicaid eligibility standards to accommodate approximately 500,000 additional enrollees. At a time when the state is under severe budget constraints, this coverage expansion will further strain the state’s ability to meet its fiscal responsibilities; now, therefore, be it

Resolved by the Senate, That we request the Attorney General to pursue all legal avenues regarding the Patient Protection and Affordable Care Act; and be it further

Resolved, That we hereby affirm the Attorney General’s role in representing the state and its citizens in all legal matters; and be it further

Resolved, That copies of this resolution be transmitted to the Attorney General and the Governor.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Thomas requested the yeas and nays.

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

The resolution was adopted, a majority of the members voting therefor, as follows:

Roll Call No. 176 Yeas—20

Allen Cropsey Jansen Nofs

Birkholz Garcia Jelinek Patterson

Bishop George Kahn Richardville

Brown Gilbert Kuipers Stamas

Cassis Hardiman McManus Van Woerkom

Nays—15

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Thomas

Basham Clarke Olshove Whitmer

Brater Gleason Prusi

Excused—3

Pappageorge Sanborn Switalski

Not Voting—0

In The Chair: Richardville

Protests

Senators Whitmer, Brater, Clark-Coleman, Jacobs, Cherry and Scott, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Resolution No. 137.

Senator Whitmer moved that the statement she made during the discussion of the resolution be printed as her reasons for voting “no.”

The motion prevailed.

Senator Whitmer’s statement, in which Senators Brater, Clark-Coleman, Jacobs, Cherry and Scott concurred, is as follows:

I rise in opposition to this resolution. The resolution, if I might quote, urges the Attorney General, regardless of the wishes or political views of the Governor, to proceed. Now if you look at the Constitution, that is not within the Attorney General’s sole purview. The Attorney General, it appears, is intervening in this lawsuit not merely in his capacity as Attorney General, but is representing himself instead of the state of Michigan. It is directly contrary to the position of the Granholm Administration, and she is still the chief executive in the state.

There are limited grants of statutory authority, which the resolution cites. They do not, however, override the superior constitutional authority vested in our Governor. The authority of the Governor to initiate legislation on behalf of the state is in contrast to that of the Attorney General. It’s not merely a matter of statute; it is found in the Constitution itself. Article V, Section 8 of the Michigan Constitution expressly authorizes the Governor to initiate court proceedings in the name of the state. Under our Constitution, the duty of the Governor to enforce the Constitution and laws of the state is explicit and superior to that of the Attorney General.

Doing so threatens Michigan citizens, and this is why the Governor is urging the Attorney General not to proceed as he has. Key benefits from this legislation for the people of the state of Michigan amount to tax credits from up to 109,000 Michigan small businesses to help make coverage more affordable. It reduces Medicaid premiums for 1.2 million Michigan seniors who are not enrolled in Medicare Advantage and will not longer subsidize these insurance plans. It would ensure affordable coverage options for 1.3 million Michiganders who are uninsured.

Mr. President, starting this year, up to 109,000 Michigan small businesses will be eligible for tax credits. It goes on and on. There are a lot of great things in this health care package. It protects children, prohibiting insurance companies from excluding coverage of preexisting conditions for 2.3 million children in the state of Michigan.

So if you are not compelled, one, by the constitutionality or, two, by the public policy achieved, think about what this political agenda of our Attorney General is going to cost the taxpayers of Michigan. When you look at a statement from the Attorney General from the state of Georgia, in his view, all the constitutional infirmities of the position in the first place, he concluded that it is not prudent legally or fiscally to pursue such litigation.

This is a misuse of state taxpayer dollars in pursuit of a gubernatorial nomination, and it is wrong. We should not lend our credibility to this effort when multiple legal scholars on both sides of the aisle, conservative and liberal alike, have concluded that this is a frivolous action and a misuse of taxpayer dollars. We should not proceed with this resolution today. It is unconstitutional, I believe, and bad public policy for so many people who are just waiting for help on health care. It is just fiscally irresponsible to permit this Attorney General to continue using taxpayer dollars for his political campaign.

Thus, I will be voting against it and ask that you do as well.

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

The motion prevailed.

Senator Cropsey’s statement is as follows:

I think when you take a look at the article that was just referred to, it says, “Each principal department shall be under the supervision of the governor unless otherwise provided by this constitution. The governor shall take care that the laws be faithfully executed. He shall transact all necessary business with the officers of government and may require information in writing from all executive and administrative state officers, elective and appointive, upon any subject relating to the duties of their respective offices.”

It goes on to say, “The governor may initiate court proceedings in the name of the state to enforce compliance with any constitutional or legislative mandate, or to restrain violations of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its political subdivisions. This authority shall not be construed to authorize court proceedings against the legislature.”

You will notice that it talks about legislative mandates in this, as well as talking about the Governor. What we are doing is pursuant to MCL 14.28. We are asking the Governor, which says, “The attorney general shall also, when requested by the governor, or either branch of the legislature, and may, when in his own judgment the interests of the state require it, intervene in and appear for the people of this state in any other court or tribunal, in any cause or matter, civil or criminal, in which the people of this state may be a party or interested.”

I would think that with the State Senate passing this resolution, which is one of the branches of government that is referred to here, we are saying to the Attorney General, “We want you to take the federal government into court.” Certainly, we have a right as a body to ask the Attorney General to do that; that is, the Legislature asking the Attorney General.

The Governor can also ask the Attorney General to do that. The Attorney General is a constitutional officer in his own right. We are well within our constitutional rights to do this, and I do think that the people of this state are interested in this matter. After all, every one of them is going to be affected one way or the other by what our Congress did and what our President has done this last week.

I would hope that our Attorney General would listen to the Senate and would vigorously pursue all actions to get this monstrosity thrown out by legal proceedings.

Senator Cropsey offered the following concurrent resolution:

Senate Concurrent Resolution No. 39.

A concurrent resolution prescribing the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, March 25, 2010, it stands adjourned until Tuesday, April 13, 2010, at 10:00 a.m. for the Senate and 1:30 p.m. for the House of Representatives.

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Cropsey moved that the rule be suspended.

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

The concurrent resolution was adopted.

Senators Gleason, Jacobs and Pappageorge were named co‑sponsors of the concurrent resolution.

Statements

Senators Richardville, Whitmer, Scott, Brown, Patterson, Garcia, Birkholz and Stamas asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Richardville’s statement is as follows:

The funeral arrangements for former State Representative Thomas Kelly are as follows:

Visitation will be between the hours of 3:00 p.m. and 9:00 p.m., Sunday, March 28, 2010, at the Harry J. Will Funeral Home, located at 34567 Michigan Avenue, Wayne, Michigan. The Funeral Mass will be at 11:00 a.m. on Monday, March 29, 2010, at the St. Mary Catholic Church, 34530 Michigan Avenue, Wayne, which is directly across the street from the funeral home.

Cards of condolence may be sent to Mrs. Bridget M. Kelly, 4345 Chamberlain, Wayne, Michigan 48184.

For anyone who would like this information, it will be up at the rostrum and then located in today’s record.

Senator Whitmer’s statement is as follows:

I had the privilege of speaking with Youth in Government this morning. One of my messages was the importance of civility. Though they are bound to disagree this weekend—and noting that robust debate is healthy for our democracy—I did remind them that you can disagree without being disagreeable. I urged them to learn from the awful stories in the press about how some fanatics have reacted to the health care reform bill in Washington, D.C. I did not mention, much less criticize, the Tea Party because political discourse is a valuable part of our democracy.

There are many thoughtful Americans who oppose the health care reform bill, and I respect their right to do that. Unconscionably, though, some fanatics associated with that movement have engaged in speech and action which harkens back to the violent, turbulent 1960s. Racial epithets were waged against Congressman John Lewis, a civil rights hero who marched in Selma, Alabama, and was beaten within an inch of his life fighting for civil rights. These fanatics spit—they spit—on James Clyburn. My children know you don’t spit on anyone. They hurled homophobic hate words against Congressman Barney Frank because he is gay.

Bigotry? Intolerance? Hatred? These hateful words are used to intimidate, degrade, and hurt people, and they have no place in political discourse and debate. We have worked together to remove these prejudiced and degrading terms from our vocabulary altogether.

And now there are reports of death threats, cutting gas lines, delivering a coffin to the front yard of one lawmaker, and even threats to kill the children of Democratic lawmakers who supported the bill. I think we can all agree, gosh, I hope we can all agree that this has gotten way out of hand, as the rhetoric and rancor is turning into violent action.

In my view, perhaps the worst offense is that people in leadership positions are silent, and astonishingly, in some cases, it appears that they are actually encouraging this horrifying behavior. None of us should take lightly this dangerous trend. We, as leaders, as legislators should condemn behavior like this—Democrats and Republicans alike. If we don’t quell this now, it will surely foment, and as a society, we will all pay as the election tensions rise.

As John Nichols wrote in The Nation, “Tea Party activists need to disassociate themselves from the behaviors that were on display since Saturday. Those behaviors discredit sincere activism and insult not just John Lewis, but the memory of Ronald Reagan, who wisely declared 20 years after the March on Washington: ‘The long struggle of minority citizens for equal rights, once a source of disunity and civil war, is now a point of pride for all Americans. We must never go back. There is no room for racism, anti-Semitism, or other forms of ethnic and racial hatred in this country.’”

Please join me in condemning this activity. I have a resolution condemning that behavior, and I hope you will consider adding your name to it. I authored this resolution not to endorse the health care bill because I know we don’t all agree. I wrote this not to criticize the Tea Party, again, because that would be divisive. I deliberately drafted this resolution merely so that the state’s people of goodwill can stand together and condemn this dangerous trend that threatens genuine political discourse in our society.

I hope you will join me by adding your name to the resolution on my desk. Copies for your preview have been delivered to yours.

Senator Scott’s statement is as follows:

Actions speak louder than words, or, as Thomas A. Edison explained this idea, “What you are will show in what you do.” We can show the people of Michigan that we genuinely care about them and their families. We can show the people of Michigan that we genuinely understand the financial hardship many of them face in this tough economy. We can show them by reforming auto insurance so that it covers all the people at a fair price.

Fair coverage at a fair price for insurance that we require people to buy is a reasonable request. So let’s take action and show the people of Michigan that we are here to do the people’s work. Let’s take action and give them the auto insurance reform and fair rates that they have been calling for.

Senator Brown’s statement is as follows:

A bridge, the ballot box, and a spring Sunday in Selma, Alabama, are the nexus for commemorating an American tragedy which turned into triumph 45 years ago this month. The March 7, 1965, Bloody Sunday crossing of the Edmund Pettus Bridge set the stage for passage of the federal Voting Rights Act of 1965. For nearly a century since the 15th Amendment to the U.S. Constitution established protection for the ballots of African-American men, the law of the land had been circumvented by discrimination, intimidation, and violence.

Black Americans had the right to vote, but many Southern states thwarted that right by means of institutional racism. While the progress of freedom and liberty, like the wheels of justice, seemed to grind slowly, they did grind exceedingly fine. Three weeks after the civil rights leaders organized the Selma to Montgomery voting rights march, there was a slew of violent assaults on demonstrators by those who should have protected their safety.

Another march backed by federally-controlled National Guard troops ushered in a new day for fair and open elections. With their safety protected, the peaceful marchers walked back over the Edmund Pettus Bridge all the way to the steps of the Alabama Capitol. This ultimately led to the successful passage of national voting rights legislation that August. Those who were met with force and violence at the Edmund Pettus Bridge are in the same tradition as those who crossed the Delaware River two centuries before. Their hopes and dreams were grounded in a love of liberty.

Michigan’s Constitution gives the Michigan Legislature the responsibility to enact laws to preserve the purity of elections and the secrecy of the ballot. The framers of Michigan’s Constitution placed a premium on what is arguably the one right which guarantees all other rights, the right to vote. They wanted our elections unblemished, pure, and protected. They understood the protection of the secret ballot, and the sanctity of one person, one vote is a sacred trust. That’s why they charge lawmakers with the due diligence to guarantee its protection. Without it, our elections would be compromised and freedom and liberty imperiled.

The integrity of the ballot box is the hallmark of our republic and our own bridge to the preservation of our freedom.

Senator Patterson’s statement is as follows:

The world goes round and round and round and round. Relative to the discussion that we had moments ago on Senate Resolution No. 137, I would like to now take you down the walk of memory lane. MIRS, October 5, 1999, is my source. The topic of discussion is legislation introduced in both the Michigan Senate and the Michigan House. Then-Senator Ken Sikkema introduced legislation prohibiting the Attorney General from intervening in any matter as a party. Representatives Clark Bisbee and Andrew Richner introduced legislation embracing the same idea.

Some decade-plus ago, in what seems a galaxy far, far away, I then served in the other chamber of the Michigan Legislature. At the time, I was the vice chair of the Constitutional Law and Ethics Committee. I remember very vividly taking testimony on the two bills that had been introduced by Representatives Richner and Bisbee relative to the duties and responsibilities of the Attorney General, as well as the place and the organizational structure of said constitutional office in state government. I quote, “Patterson asked Granholm whether or not she considered herself to be in the executive branch. ‘I am in the executive branch,’ said Granholm, ‘but I am not a puppet in the executive branch.’”

Senator Garcia’s statement is as follows:

I was gone Tuesday and Wednesday, March 23 and 24, on military duty. I would like to state that for Roll Call Nos. 129-136, I would have voted “yes.” On Roll Call No. 137, I would have voted “no.” On Roll Call No. 138, I would have voted “yes.” On Roll Call Nos. 139 and 140, I would have voted “no.” On Roll Call No. 141, I would have voted “yes.” On Roll Call Nos. 142-150, I would have voted “no.” On Roll Call Nos. 151 and 152, I would have voted “yes.” On Roll Call No. 153, I would have voted “no.” On Roll Call Nos. 154-157, I would have voted “yes.” On Roll Call No. 158, I would have voted “no.” On Roll Call No. 159, I would have voted “yes.”

Senator Birkholz’s statement is as follows:

I rise today to thank my colleagues for their approval of our bipartisan legislation that cuts the annual park entrance fee for Michigan residents from $24 to $10 and provides a long-term funding source for our state parks and recreational areas. Unfortunately, many of our state parks have fallen into great disrepair and require more dollars to be properly maintained. The new funding plan has many benefits. It will cut the annual parks entrance fee by 60 percent for Michigan residents, while still providing money to make those necessary repairs.

Senate Bill Nos. 1057 and 389 and House Bill Nos. 4677 and 5752 would allow Michigan residents to purchase an annual park pass for $10 when they pay their annual vehicle registration fee, eliminating the need for the current parks permit, which presently is $24. Those preferring not to pay the $10 could select an option on the vehicle registration renewal form to not use the state parks system. Instead of a specific permit, a license plate will serve as the passport to parks and boating access sites.

Michigan’s beautiful natural resources have suffered under our current budget crisis. Our state parks are important tourism destinations and an essential element of quality of life for residents. It is vital that Michigan invest in these resources to ensure they are properly maintained and cared for.

The funds raised would be used for state park and boating access site admissions, operations and maintenance; local and regional recreational grants; nonmotorized forest recreation pathways and state forest campgrounds; cultural and historic resources on Michigan Department of Natural Resources-managed lands; and operations maintained by the Secretary of State’s office.

I’m pleased to have worked in a bipartisan manner to see this common-sense legislation happen, reducing the cost to the citizens of Michigan, while increasing access to the parks. We can all be very proud.

With the passage of this package of bills, I am hopeful that we will finally also have a partnership between our Department of Natural Resources and Environment and the Secretary of State. For the good of our parks and the citizens of our state, we must work together on this significant new reform. We have a precious opportunity to do the right thing for our state parks. My message to those departments is to get the job done for our citizens.

I am most grateful for the commitment made by our new DNRE Director Rebecca Humphries, Ron Olson from the Parks Division, and Dan Eichinger of the DNRE, and Chuck Nelson and Murdock Jimmerson of the State Parks Advisory Committee. I want to thank my House and Senate colleagues who worked so hard with me on this package: Senator Ray Basham, Representative Rebekah Warren, Representative Arlan Meekhof, and all of you who fought so hard and stuck with us to make this true reform happen. Change is not easy, but with the situation in Michigan the way it is today, change is necessary and demands leadership from us. We are fortunate to have worked with all of these individuals.

Senator Stamas’ statement is as follows:

Colleagues, this Sunday marks a momentous occasion. March 28, 1970, Gerry and Val Van Woerkom were married. This weekend marks their 40th wedding anniversary. They will be celebrating with their five children, spouses, and many grandchildren. I would just like you to join me in congratulating them and wishing them many, many more years of wedded bliss.

Recess

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

The motion prevailed, the time being 4:51 p.m.

5:16 p.m.

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

By unanimous consent the Senate returned to the order of

Messages from the House

Senator Thomas moved that Senator Jacobs be excused from the balance of today’s session.

The motion prevailed.

Senate Bill No. 619, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 1994 PA 34.

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.

Committee Reports

The Committee on Appropriations reported

Senate Bill No. 1226, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 20, 20d, 55, 65, 67a, 68, and 68c (MCL 38.20, 38.20d, 38.55, 38.65, 38.67a, 38.68, and 38.68c), sections 20 and 20d as amended by 2002 PA 93, section 55 as amended by 2004 PA 33, sections 65 and 68 as added by 1996 PA 487, section 67a as amended by 2004 PA 109, and section 68c as added by 2007 PA 95, and by adding sections 19j, 20i, 35, and 68d.

With the recommendation that the substitute (S-5) be adopted and that the bill then pass.

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Cropsey, Gilbert, George, Jansen, Brown, McManus and Stamas

Nays: Senators Kahn, Switalski, Anderson, Barcia, Brater, Cherry and Clark-Coleman

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

The Committee on Appropriations reported

Senate Bill No. 1227, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 4, 6, 7, 8, 25, 26, 41, 42, 43a, 43b, 43c, 61, 81, 84, 86, 87, 88, 89, and 91 (MCL 38.1304, 38.1306, 38.1307, 38.1308, 38.1325, 38.1326, 38.1341, 38.1342, 38.1343a, 38.1343b, 38.1343c, 38.1361, 38.1381, 38.1384, 38.1386, 38.1387, 38.1388, 38.1389, and 38.1391), section 4 as amended by 2008 PA 354, sections 6 and 7 as amended by 1995 PA 272, sections 8, 25, and 26 as amended by 1997 PA 143, section 41 as amended by 2007 PA 15, section 42 as amended by 1996 PA 268, section 43a as amended by 2007 PA 111, sections 43b, 81, 84, and 89 as amended by 1989 PA 194, section 43c as amended by 1998 PA 213, section 61 as amended by 2006 PA 158, and section 91 as amended by 2007 PA 110, and by adding sections 41b, 43e, 81b, 81c, and 84a and article 7.

With the recommendation that the substitute (S-6) be adopted and that the bill then pass.

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Cropsey, Gilbert, George, Jansen, Brown, McManus and Stamas

Nays: Senators Kahn, Switalski, Anderson, Barcia, Brater, Cherry and Clark-Coleman

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

The Committee on Appropriations reported

House Bill No. 5405, entitled

With the recommendation that the bill pass.

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Gilbert, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, March 24, 2010, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek (C), Pappageorge, Hardiman, Kahn, Cropsey, Gilbert, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Retirement submitted the following:

Meeting held on Tuesday, March 23, 2010, at 4:25 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jansen (C), Gilbert and Cherry

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Thursday, March 25, 2010, at 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators McManus (C), Brown, Switalski, Cherry, Clark-Coleman and Scott

Excused: Senators Jelinek, Cropsey, Hardiman and Pappageorge

Scheduled Meetings

Michigan Law Revision Commission - Wednesday, March 31, 12:00 noon, Legislative Council Conference Room, 3rd Floor, Boji Tower (373-1212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 5:19 p.m.

Pursuant to Senate Concurrent Resolution No. 39, the President pro tempore, Senator Richardville, declared the Senate adjourned until Tuesday, April 13, 2010, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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