No. 37

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2012

Senate Chamber, Lansing, Tuesday, April 24, 2012.

10:00 a.m.

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

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

Anderson—present Hood—present Pappageorge—present

Bieda—present Hopgood—present Pavlov—present

Booher—present Hune—present Proos—present

Brandenburg—present Hunter—present Richardville—present

Casperson—present Jansen—present Robertson—present

Caswell—present Johnson—present Rocca—present

Colbeck—present Jones—present Schuitmaker—present

Emmons—present Kahn—present Smith—present

Gleason—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—present Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Senator Phillip J. Pavlov of the 25th District offered the following invocation:

Lord our God and Savior, You have given us a powerful calling, destined in our journey of life to find the eternal happiness in Your presence. Each day, we hope to draw closer to You and at the same time accomplish the great deeds for the good of this nation and for our world community.

By Your guidance of our judgment decisions, may we respond to Your commands and holy inspirations to build Your kingdom of peace and justice. In doing so, may we give You glory now and forever. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Hood, Johnson and Young entered the Senate Chamber.

The following communication was received and read:

Office of the Senate Majority Leader

April 19, 2012

Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 1082 from the Senate Committee on Health Policy to the Senate Committee on Judiciary.

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

Sincerely,

Randy Richardville

Senate Majority Leader

The communication was referred to the Secretary for record.

Senator Bieda moved that Senator Hunter be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 947

Senate Bill No. 950

Senate Bill No. 953

Senate Bill No. 956

Senate Bill No. 960

Senate Bill No. 957

Senate Bill No. 963

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

The following communication was received:

Department of State Police

March 30, 2012

Enclosed is the FY11 Annual Report and Evaluation for the Secondary Road Patrol and Traffic Accident Prevention Program.

This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended. Copies of this report are transmitted to the Governor’s Office, Clerk of the House, Secretary of the Senate, Chair of the House Appropriations Committee, Chair of the Senate Appropriations Committee, each county sheriff, the Michigan Sheriffs’ Association, and the Deputy Sheriff’s Association of Michigan.

This year as a cost cutting measure, the report is being sent to you via e-mail and will also be accessible on our web site at www.michigan.gov/ohsp .

Should you have any questions about this report, please contact Ms. Kim Kelly at (517) 241-2556.

Sincerely,

Michael L. Prince, Director

Office of Highway Safety Planning

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 Thursday, April 19:

House Bill Nos. 5245 5362

The Secretary announced that the following official bills were printed on Thursday, April 19, and are available at the legislative website:

Senate Bill Nos. 1073 1074 1075

House Bill Nos. 5539 5540 5541 5542

The Secretary announced that the following official bills were printed on Friday, April 20, and are available at the legislative website:

Senate Bill Nos. 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085

House Bill Nos. 5543 5544 5545 5546 5547 5548 5549 5550

Messages from the Governor

The following message from the Governor was received on April 23, 2012, and read:

EXECUTIVE ORDER

No. 2012-6

Rescission of Executive Order 2012-2

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and

WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the Constitution;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order that Executive Order 2012-2 is rescinded in its entirety.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 23rd day of April, in the Year of our Lord Two Thousand Twelve.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

April 9, 2012

I respectfully submit to the Senate the following appointments to office:

Michigan Board of Massage Therapy

Melissa A. Mueller of 209 Wildwood Avenue, Ann Arbor, Michigan 48103, county of Washtenaw, representing professionals, succeeding Mary C. Ericson, is appointed for a term expiring December 31, 2015.

Donald R. Bowman of 1001 Maplehill Avenue, Lansing, Michigan 48910, county of Ingham, representing professional members, succeeding Dennis Hilton-Scheffler, is appointed for a term expiring December 31, 2015.

Bridgett Lomax of 4262 Bishop Street, Detroit, Michigan 48224, county of Wayne, representing public members, succeeding Tiffany Hartung, is appointed for a term expiring December 31, 2015.

April 12, 2012

I respectfully submit to the Senate the following appointments to office:

Michigan Economic Development Corporation Executive Committee

David Armstrong of 5790 Bent Treet Drive, East Lansing, Michigan 48823, county of Ingham, succeeding himself, is reappointed for a term expiring April 5, 2020.

Stephen R. Forrest of 336 Rock Creek Court, Ann Arbor, Michigan 48104, county of Washtenaw, succeeding himself, is reappointed for a term expiring April 5, 2020.

Jeffrey J. Metts of 8483 Brookfield Road, Charlotte, Michigan 48813, county of Eaton, succeeding himself, is reappointed for a term expiring April 5, 2020.

Anmar K. Sarafa of 3720 Wabeek Lake Drive East, Bloomfield Hills, Michigan 48302, county of Oakland, succeeding Haifa Fakhouri, is appointed for a term expiring April 5, 2020.

Paul C. Hillegonds of 47088 Brooks Lane, Plymouth, Michigan 48170, county of Wayne, succeeding Thomas Lewand, is appointed for a term expiring April 5, 2020.

David G. Sowerby of 2269 Red Maple Drive, Troy, Michigan 48098, county of Oakland, succeeding Ann Marie Sastry, is appointed for a term expiring April 5, 2018.

April 13, 2012

I respectfully submit to the Senate the following appointments to office:

Self-Insurers’ Security, Second Injury Fund, Silicosis, Dust Disease, and Logging Industry Compensation Fund Board of Trustees

Douglas A. Green of 53774 Regency Hills Court, Shelby Township, Michigan 48316, county of Macomb, representing employers that have been authorized to act as self-insurers, succeeding himself, is reappointed for a term expiring April 30, 2016.

Michael T. Reid of 2333 Eldorado Drive, S.E., East Grand Rapids, Michigan 49506, county of Kent, representing the insurance industry, succeeding Richard F. Zapala, is appointed for a term expiring April 30, 2014.

Sincerely,

Rick Snyder

Governor

April 19, 2012

I respectfully submit to the Senate the following appointment to office:

Muskegon Heights School District Emergency Manager

Donald B. Weatherspoon of 8942 East Saginaw, Haslett, Michigan, 48840, county of Clinton, is appointed to serve effective April 23, 2012.

Sincerely,

Brian Calley

Acting and Lieutenant Governor

The appointments were referred to the Committee on Government Operations.

Messages from the House

Senator Meekhof moved that rule 3.202 be suspended to permit immediate consideration of the following bill:

Senate Bill No. 428

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

Senate Bill No. 428, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6 (MCL 205.56), as amended by 2011 PA 71.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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. 215 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—0

Excused—1

Hunter

Not Voting—0

In The Chair: Schuitmaker

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.

Senator Hunter entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

Senate Bill No. 1064

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1064, entitled

A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 3514.

The question being on the passage of the bill,

Senator Kowall offered the following substitute:

Substitute (S-3).

The substitute 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. 216 Yeas—38

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hood Meekhof Schuitmaker

Casperson Hopgood Moolenaar Smith

Caswell Hune Nofs Walker

Colbeck Hunter Pappageorge Warren

Emmons Jansen Pavlov Whitmer

Gleason Johnson Proos Young

Green Jones

Nays—0

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Young as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 947, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

Senate Bill No. 953, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

Senate Bill No. 960, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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.

Recess

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

The motion prevailed, the time being 10:31 a.m.

10:44 a.m.

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 947

Senate Bill No. 953

Senate Bill No. 960

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

The following bill was read a third time:

Senate Bill No. 947, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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. 217 Yeas—28

Anderson Gleason Kahn Pavlov

Bieda Green Kowall Proos

Booher Hansen Marleau Richardville

Casperson Hildenbrand Meekhof Robertson

Caswell Hopgood Moolenaar Rocca

Colbeck Jansen Nofs Schuitmaker

Emmons Jones Pappageorge Walker

Nays—10

Brandenburg Hune Smith Whitmer

Gregory Hunter Warren Young

Hood Johnson

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 953, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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. 218 Yeas—26

Booher Hansen Marleau Proos

Casperson Hildenbrand Meekhof Richardville

Caswell Hopgood Moolenaar Robertson

Colbeck Jansen Nofs Rocca

Emmons Jones Pappageorge Schuitmaker

Gleason Kahn Pavlov Walker

Green Kowall

Nays—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Brandenburg Hune Smith Young

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 960, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Hopgood offered the following amendments:

1. Amend page 5, following line 27, by inserting:

“Summer youth initiative......................................................................................................... 5,000,000”.

2. Amend page 6, line 1, by striking out “5,500,000” and inserting “10,500,000”.

3. Amend page 6, line 5, by striking out “0” and inserting “5,000,000” and adjusting the subtotals, totals, and section 201 accordingly.

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

Senator Hunter requested the yeas and nays.

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

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

Roll Call No. 219 Yeas—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator Casperson offered the following amendment:

1. Amend page 27, following line 20, by inserting:

“Sec. 604. (1) As a condition on the appropriations in part 1 for fish production, the department shall review its plans to stock walleye spring fingerlings in accordance with regional Lake States Standards in the inland waters of Dickinson and Iron Counties.

(2) In reviewing its plans, the department shall consider the minimum accepted stocking rate shall be 50 spring fingerling (1.75 to 2 inches in length) walleyes per surface acre except as specified by the following:

(a) Dickinson County: Carney and Sawyer Lakes shall be stocked at a minimum rate of 50 fingerlings per acre. Lake Antoine shall be stocked at a minimum rate of 75 spring fingerlings per acre. Groveland West, Groveland East, and Groveland South shall be stocked at a minimum rate of 100 fingerlings per acre.

(b) Iron County: Bone, Chicagon, Crystal Falls Impoundment, Emily, Hagerman, First Fortune, Second Fortune, Iron, Ottawa, and Stager, Sunset, and Swan Lakes shall be stocked at a minimum rate of 50 spring walleye fingerlings per acre. Lakes Mary and Indian shall be stocked at a minimum rate of 100 spring walleye fingerlings per acre.

(c) Menominee County: Cedar River location of Green Bay may be stocked at past rates.

(3) The department shall present its findings to the standing committees that consider natural resources issues not later than October 1, 2012.”.

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. 220 Yeas—25

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Jansen Moolenaar Robertson

Caswell Jones Nofs Rocca

Colbeck Kahn Pappageorge Schuitmaker

Emmons Kowall Pavlov Walker

Green

Nays—13

Anderson Hood Hunter Warren

Bieda Hopgood Johnson Whitmer

Gleason Hune Smith Young

Gregory

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Protest

Senator Hopgood, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 960.

Senator Hopgood’s statement is as follows:

I appreciate the work of the subcommittee chair on this budget and the two previous budgets. I did vote “no” on the DNR budget that was before us. As has been commented on in the amendment, the Governor’s budget had proposed a policy that I did support. The Governor’s policy would have provided funding for a program that would have directly impacted some of the urban areas that need it the most. Because of that, they have been neglected the most, in particular, Detroit, Saginaw, Pontiac, and Flint.

The initiative would have established an internship program to give teens in these areas an opportunity to get their foot in the door at a good-paying, socially-responsible job. This funding was eliminated from the budget that we voted on. Not only would the program have given teens in Michigan’s urban areas real-world work experience, it would also have provided them with needed mentorship opportunities and would directly improve our communities through projects they would be working on.

As Governor Snyder noted, many individuals at the Department of Natural Resources got their start in this same fashion as summer interns for the department. Many of the teens in the cities this policy would have impacted have little opportunity to experience the pure Michigan that we all hold dear, let alone obtain a good summer job.

We have missed, by passing this budget, an opportunity to provide for meaningful work experience and improve Michigan’s communities, and it seems we have forgotten the trajectory of our most valuable natural resource—our youth. Our urban areas and our future are dependent on the decisions that we make here in this very room. I would hope that we would connect better with the citizens of the state of Michigan and consider their needs rather than the needs of only a few.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Young as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 956, entitled

A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

Senate Bill No. 950, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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.

Point of Order

During the Committee of the Whole, Senator Whitmer raised the Point of Order that the amendment to the substitute (S-1) offered by Senator Walker to Senate Bill No. 950 was an amendment by reference to the Public Health Code, Section 12613, which states: “The department shall enforce this part.” This is a mandatory, nondiscretionary act required by law, and the amendment adds a modifier that the department shall not enforce this part for certain charitable dinners.

The Chairperson sustained the Point of Order that the amendment was an amendment by reference, not germane and ruled out of order.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 956

Senate Bill No. 950

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

The following bill was read a third time:

Senate Bill No. 956, entitled

A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Gregory offered the following amendments:

1. Amend page 36, line 8, by striking out all of section 515.

2. Amend page 52, line 17, by striking out all of section 620.

3. Amend page 60, line 24, by striking out all of section 724 and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments,

Recess

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

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

11:18 a.m.

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

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

Senator Hunter requested the yeas and nays.

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

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

Roll Call No. 221 Yeas—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—0

Not Voting—0

In The Chair: Hansen

Senator Gregory offered the following amendments:

1. Amend page 9, line 15, by striking out “12,082,300” and inserting “12,577,300”.

2. Amend page 9, line 22, by striking out “328,671,300” and inserting “329,166,300”.

3. Amend page 10, line 1, by striking out “197,749,400” and inserting “197,891,700”.

4. Amend page 10, line 7, by striking out “112,592,900” and inserting “112,945,600” and adjusting the subtotals, totals, and section 201 accordingly.

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

Senator Hunter requested the yeas and nays.

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

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

Roll Call No. 222 Yeas—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—0

Not Voting—0

In The Chair: Hansen

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. 223 Yeas—25

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Jansen Moolenaar Robertson

Caswell Jones Nofs Rocca

Colbeck Kahn Pappageorge Schuitmaker

Emmons Kowall Pavlov Walker

Green

Nays—13

Anderson Hood Hunter Warren

Bieda Hopgood Johnson Whitmer

Gleason Hune Smith Young

Gregory

Excused—0

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

Protests

Senators Gregory, Whitmer, Anderson and Smith, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 956.

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

The motion prevailed.

Senator Gregory’s statement, in which Senators Whitmer, Anderson and Smith concurred, is as follows:

I rise to speak against this budget, and I urge my colleagues to vote against this budget. In doing so, I would like to start out by saying that last year the Department of Human Services budget included funding cuts to early childhood education and the elimination of 300 important field staff positions to help pay for a $1.8 billion tax break for corporations. In fact, we are still making painful budget cuts this year for that misguided and unproven corporate handout.

In this year’s budget, you are cutting the Department of Human Services, which tens of thousands of Michigan citizens rely on for care, by over $200 million. This is not government belt-tightening; this is slashing people’s lifelines. This is not only tampering with Michigan’s residents’ lifelines, but Michigan workers’ livelihoods and even their lives as well.

Time and again, we see the problems that arise with privatizing public services when profits are put ahead of people. Yet you insist on putting more and more taxpayer dollars and public services into private and not necessarily capable hands. It is not realistic to think that a private agency should take over the complicated duties of a highly-trained and experienced DHS staff or that these efforts will actually save money. When the compassion and efficiency of the services suffer, our people suffer.

You are choosing to blindly continue your assault on public workers in favor of private corporations. The sensitive and, at times, dangerous work of the brave men and women who work for the Department of Human Services puts them at risk for threats, intimidations, and even assaults. In cutting funding for security at local DHS offices, you are clearly showing that the safety of these workers are not your concern and that you value their protection as little as you value their service.

Finally, this budget continues to rely on funding generated by kicking working families off state assistance. Last year, you callously ended public assistance for 12,600 of the state’s poorest families on the Family Independence program. This year, 17,000 more families will be losing their support before they are ready to survive on their own. Worst yet, more than 90 percent of these families are working but not earning enough to leave assistance.

The critical services provided by the Department of Human Services speaks volumes about our values and how we treat our vulnerable citizens. For the second year in a row, we have put forth a budget that proves that you can care more about boosting the profits of wealth CEOs than caring for children and families living in poverty; that you think public work stinks and that private companies are our savior; and that shared sacrifice is anything but. With this in mind, I ask all of you to think about what you are voting for. I adamantly oppose this budget and urge all of you to do the same.

The following bill was read a third time:

Senate Bill No. 950, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Gregory offered the following amendments:

1. Amend page 15, line 6, by striking out “1,317,201,300” and inserting “1,334,330,700”.

2. Amend page 16, line 3, by striking out “9,958,038,400” and inserting “9,975,167,800”.

3. Amend page 16, line 7, by striking out “10,480,503,200” and inserting “10,497,632,600”.

4. Amend page 16, line 10, by striking out “7,086,654,900” and inserting “7,098,027,100”.

5. Amend page 16, line 16, by striking out “1,290,464,600” and inserting “1,296,221,800” and adjusting the subtotals, totals, and section 201 accordingly.

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

Senator Hunter requested the yeas and nays.

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

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

Roll Call No. 224 Yeas—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Nays—26

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall

Excused—0

Not Voting—0

In The Chair: Hansen

Protest

Senator Moolenaar, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendments offered by Senator Gregory to Senate Bill No. 950 and moved that the statement he made during the discussion of the amendments be printed as his reasons for voting “no.”

The motion prevailed.

Senator Moolenaar’s statement is as follows:

I would encourage a “no” vote. I rise to offer my “no” vote explanation. There are a number of valuable programs contained within the Department of Community Health budget that perform worthwhile functions and warrant consideration for additional funding. As fiscally-responsible legislators, my fellow committee members and I have crafted this budget based on available resources. It would be counterproductive to commit more dollars to any one program before we have the opportunity to review information from the upcoming May Revenue Estimating Conference.

I appreciate the spirit in which this amendment was offered, but I cannot support additional money for this budget before we know whether or not there are dollars actually available.

Senator Gregory offered the following amendments:

1. Amend page 4, line 12, by striking out “5,842,800” and inserting “8,842,800”.

2. Amend page 4, line 24, by striking out “2,841,814,900” and inserting “2,844,814,900”.

3. Amend page 5, line 7, by striking out “1,165,243,700” and inserting “1,168,243,700” and adjusting the subtotals, totals, and section 201 accordingly.

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

Senator Hunter requested the yeas and nays.

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

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

Roll Call No. 225 Yeas—13

Anderson Hood Johnson Warren

Bieda Hopgood Kahn Whitmer

Gleason Hunter Smith Young

Gregory

Nays—25

Booher Hansen Marleau Proos

Brandenburg Hildenbrand Meekhof Richardville

Casperson Hune Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kowall Pavlov Walker

Green

Excused—0

Not Voting—0

In The Chair: Hansen

Senator Walker offered the following amendment:

1. Amend page 28, following line 5, by inserting:

“Sec. 224. From the funds appropriated in part 1, the department shall not expend any funds to enforce the ban on smoking in public places under part 126 of the public health code, 1978 PA 368, MCL 333.12601 to 333.12616, on annual charitable fundraising dinners that have been in existence for at least 10 years.”.

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. 226 Yeas—24

Booher Hansen Marleau Proos

Casperson Hildenbrand Meekhof Richardville

Caswell Jansen Moolenaar Robertson

Colbeck Jones Nofs Rocca

Emmons Kahn Pappageorge Schuitmaker

Green Kowall Pavlov Walker

Nays—14

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Brandenburg Hopgood Smith Young

Gleason Hune

Excused—0

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

Protests

Senators Gregory, Young, Hood, Whitmer, Johnson, Smith and Hunter, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 950.

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

The motion prevailed.

Senator Gregory’s statement, in which Senators Young, Hood, Whitmer, Johnson and Smith concurred, is as follows:

I rise in opposition to the Department of Community Health budget before us. While this budget is not as bad as the one enacted last year, considering the horrendous cuts made in fiscal year ’12 to help pay for a $1.8 billion tax giveaway, this is a relatively low bar to overcome. It’s sad that we’ve gotten to a point where a reduced cut—not an increase, mind you—is something to celebrate. Even so, this budget continues a trend of putting corporate wealth before community health.

This year’s DCH budget is $7 million less than the Senate Republican target, which itself is $15 million below the Governor’s recommendation. The Governor came into office talking about implementing two-year budgets, so let’s look at what’s happened since this administration came in. Graduate medical education was cut $31 million in the fiscal year ’12 budget, and one-time money or not, it is seeing a $17 million cut from even that level. That’s a cut of $48 million to a vital program that helps our medical students and our hospitals. A high number of medical students who do their residencies in Michigan end up staying, and for the second year in a row, you’re saying you don’t want them.

Similarly, mental health services for special populations was cut by over $1 million last year and is seeing $3 million in one-time funding eliminated from this budget. By repeatedly cutting this funding to help people with mental illness, you are leaving them to fend for themselves in our communities or become dependent on state services in other areas.

The Healthy Michigan Fund took a $5.9 million hit in fiscal year ’12, and we don’t know exactly how much it will be getting this year because any additional funding is limited to a $100 placeholder. Again, funding the Healthy Michigan Fund to promote healthier lifestyles in Michigan would help reduce costs to families, insurers, and state services, but shortsighted budget decisions continue to be made.

Even worthy programs the Governor recommended, such as autism coverage for children and expanded dental coverage for children, receive a tenuous $100 placeholder. These should be universally-accepted programs, but instead, you are continuing your disdain for Michigan children, seniors, and working families in favor of your corporate cronies. It’s not surprising, just disappointing.

To that end, I am uncomfortable voting for a budget that leaves so many issues open-ended while continuing severe cuts to other vital programs. Until I am able to see some certainty in this budget, I will be voting “no.” I ask my colleagues to vote “no” on this particular budget.

Senator Whitmer’s statement, in which Senators Hunter and Hood concurred, is as follows:

I wanted to put on the record that I am glad that the Walker amendment was ruled out of order as an amendment by reference on General Orders. I have a very pointed question for my Republican colleagues: What part of no smoking don’t you understand? When you don’t have the votes to amend the law, apparently, we are going to do so by boilerplate to ensure that a law that you don’t like does not get enforced for your friends when they violate it.

The self-serving Walker amendment did specifically carve out an exemption in the smoking ban recently enacted by this Legislature for charitable fundraising dinners that have been in existence for the last five years. I am assuming that this charitable venture is not the Cancer Society. In other words, it carves out an exemption for your fundraising dinners so that you and your friends can sit around and smoke cigars while the rest of Michigan abides by the rule of law. What kind of do as I say, not as I do statement to the public is that?

I guess this is the latest in the line of legislation proposed by this chamber that changes the rules after the fact when you don’t like the results, or you don’t like how they apply to your friends; like Oakland County redistricting; like grad student collective bargaining; or your own primary election, for that matter. And now you want to stop the Department of Community Health from enforcing the smoking ban that you passed into law only when it affects your friends.

This is a dangerous precedent here where budget boilerplate overrules the law of our state, and you justify it by saying it is going to benefit the vulnerable people of our state. I think that is shameful. What is next? Are you going to protect embezzlers from prosecution so long as the money they steal goes to charity? This is a mockery of the law of our state. It has no place in budget boilerplate, and it is shameful that it is included in this budget. I hope that your Governor sees that and gets rid of it because it is the right thing to do.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

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

Recess

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

The motion prevailed, the time being 11:58 a.m.

The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator Hansen.

Recess

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

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

2:07 p.m.

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

Recess

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

The motion prevailed, the time being 2:11 p.m.

2:54 p.m.

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

By unanimous consent the Senate returned to the order of

Messages from the House

The House of Representatives requested the return of

Senate Bill No. 29, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.

Senator Meekhof moved that the request of the House of Representatives be granted.

The motion prevailed.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Young as Chairperson.

After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 957, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

Substitute (S-1).

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

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

Senate Bill No. 951, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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 Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

Senate Bill No. 957

Senate Bill No. 951

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

The following bill was read a third time:

Senate Bill No. 957, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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. 227 Yeas—23

Booher Hansen Marleau Richardville

Casperson Hildenbrand Moolenaar Robertson

Caswell Jansen Nofs Rocca

Colbeck Jones Pappageorge Schuitmaker

Emmons Kahn Pavlov Walker

Green Kowall Proos

Nays—15

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Brandenburg Hopgood Meekhof Young

Gleason Hune Smith

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 951, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

The question being on the passage of the bill,

Senator Anderson offered the following amendments:

1. Amend page 7, line 10, by striking out “58,414,600” and inserting “60,914,600”.

2. Amend page 7, line 12, by striking out “45,996,000” and inserting “48,194,800”.

3. Amend page 7, line 14, by striking out “118,143,000” and inserting “123,273,100”.

4. Amend page 10, line 23, by striking out “24,443,200” and inserting “25,747,400” and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 53, line 21, by striking out all of section 905.

6. Amend page 59, line 21, by striking out all of section 939.

7. Amend page 60, line 8, by striking out all of section 941.

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

Senator Hunter requested the yeas and nays.

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

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

Roll Call No. 228 Yeas—13

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Caswell Hopgood Smith Young

Gleason

Nays—25

Booher Hildenbrand Marleau Proos

Brandenburg Hune Meekhof Richardville

Casperson Jansen Moolenaar Robertson

Colbeck Jones Nofs Rocca

Emmons Kahn Pappageorge Schuitmaker

Green Kowall Pavlov Walker

Hansen

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator Anderson offered the following amendment:

1. Amend page 20, following line 9, by inserting:

“(3) Before privatizing any services or activities currently provided by state employees in the department, a department or agency shall submit to the senate and house appropriations committees a detailed pre-privatization cost-benefit analysis. This analysis shall utilize accurate, reliable, and objective data, and shall use the most actuarially sound techniques available to the department or agency. Included in this analysis shall be a detailed comparative estimate of the costs that will be incurred by the state over the life of the contract if either or both of the following occur:

(a) The service or activity continues to be provided by state employees.

(b) The service or activity is privatized. The costs of privatizing these services shall include the costs of all necessary monitoring and oversight of the private entity by the state. The department or agency shall use only accurate and up-to-date bids from reputable companies with a previous history or reputation of providing quality services or activities.

(4) The department or agency shall not commence any efforts to privatize the services or activities currently provided by state employees under appropriations made by this act until the cost-benefit analysis prescribed by subsection (3) has been reviewed and approved by both the senate and house appropriations committees and proves a cost savings of at least 10% of the costs of continuing to use state employees in providing the services or activities. When calculating the 10% savings, the department shall include at least, but not limited to, the following factors:

(a) Any state costs for oversight and maintenance,

(b) Comparable prison populations,

(c) Comparable staffing and overtime policies,

(d) Transition costs including, but not limited to, unemployment benefits and accrued leave,

(e) Any state legal costs related to contractors’ actions.

(5) The department or agency shall not commence any efforts to renew, extend, or expand contracts for services or activities previously contracted out that were at 1 time performed by state employees until it performs a cost-benefit analysis as prescribed by subsection (3) using the actual contract cost, any cost overruns, and any additional expenses the state has incurred. This cost-benefit analysis must be reviewed and approved by both the senate and house appropriations committees and show a cost savings of at least 10% of the cost of having state employees provide the services or activities.

(6) If, after analyzing a contract under subsection (5), it is determined that the contract is not in compliance with the requirements of this section, the state department or agency shall reassume the responsibility of providing these previously contracted services or activities.

(7) A private contractor with a contract with this state that expends state or federal tax dollars shall have all records concerning state contracts be subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and a full and comprehensive audit upon the request of any member of the senate or house appropriations committee.”.

The amendment was not adopted, a majority of the members serving not voting therefor.

Senator Hunter requested the yeas and nays.

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

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

Roll Call No. 229 Yeas—15

Anderson Gleason Hunter Warren

Bieda Gregory Johnson Whitmer

Casperson Hood Nofs Young

Emmons Hopgood Smith

Nays—23

Booher Hildenbrand Marleau Richardville

Brandenburg Hune Meekhof Robertson

Caswell Jansen Moolenaar Rocca

Colbeck Jones Pappageorge Schuitmaker

Green Kahn Pavlov Walker

Hansen Kowall Proos

Excused—0

Not Voting—0

In The Chair: Schuitmaker

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. 230 Yeas—20

Booher Hildenbrand Marleau Proos

Brandenburg Hune Meekhof Richardville

Colbeck Jansen Moolenaar Robertson

Green Jones Pappageorge Rocca

Hansen Kowall Pavlov Schuitmaker

Nays—18

Anderson Gleason Johnson Walker

Bieda Gregory Kahn Warren

Casperson Hood Nofs Whitmer

Caswell Hopgood Smith Young

Emmons Hunter

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Protests

Senators Hood, Young, Gregory, Whitmer, Smith and Johnson, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 951.

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

The motion prevailed.

Senator Hood’s statement, in which Senators Young, Gregory, Whitmer, Smith and Johnson concurred, is as follows:

I rise today in opposition of this budget bill, and I have a few things written down that I will read to you. This budget bill jeopardizes the success of Michigan prisoners working to reenter society and threatens the safety of our communities. By passing an across-the-board 2.7 percent reduction in funding for the Michigan prisoner reentry program, we are placing significant strain on a program designed to help released inmates become contributing members of society upon their reentry. Through helping with employment, housing, mental health, and substance abuse services and by providing risk assessment upon entry, this program also ensures that our communities are kept safe as former prisoners stay employed, healthy, and away from the crimes that put them in prison to begin with. I am strongly opposed to cutting this program.

As we look to privatize and eliminate parole and probation officers, programs such as MPRI are made even more important today. Fewer parole and probation officers to help monitor the transition from prison back into society means less oversight, and it will result in a greater number of former prisoners slipping through the cracks. We are doing Michigan residents a disservice by effectively dismantling this system.

Can you imagine anyone coming out of prison as a parolee or someone who has done their time and then they are released to nothing? Be it they have been in there a month, a year, 10 years, 20 years, whatever the case may be; where family has moved on or family has passed away, and they don’t have anything to come back to. But we are expecting them to be model citizens. But with what? They have been in prison for X amount of time, and to take this program away, I think we are doing them a disservice by not giving them the help they need to become the citizens we expect them to be. How can we expect that if we leave them handicapped when they come out?

I think this program is a very, very important program because paying your debt to society, which they have done in whatever form or fashion, and to come out and we say, “You must abide by the law; you must get a job,” and we don’t provide them with the services that they need. What is going to happen? I ask you: What is going to happen? I encourage a “no” vote on this legislation.

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

The motion prevailed.

Senator Anderson’s first statement is as follows:

This budget encourages the privatization of services at the expense and the safety and welfare of Michigan residents. From schools to local governments to state services to our prisons, it seems that my colleagues on the other side of the aisle will leave no stone unturned in their quest to hand our state government over to corporate interests.

My amendment would put an end to privatization of food preparation, prison store employees, and most concerning, the privatization of 1,750 beds. This means 1,750 beds whose security is now the responsibility of a corporation if this bill passes. It is driven by profit and quarterly statements instead of state government that is constitutionally required to protect its residents.

My amendment would delete the privatization requirements and restore funding for any savings that were anticipated as a result of privatization in this budget. I believe we must draw the line. Selling the safety and welfare of Michigan residents to help boost corporate profits is borderline criminal. I encourage your support for my amendment and that we get a much better bill in front of us.

Senator Anderson’s second statement is as follows:

I rise to offer an amendment that I expect will gain support across the aisle and this entire chamber. My colleagues on the other side of the aisle and the Governor often trumpet the concept of metrics. They say that we must inform Michigan residents of the successes and failures of their government. I agree. I fully support providing complete transparency, which is why I was so surprised to see that this budget is sorely lacking in the accountability that metrics would provide.

Not only does this budget hand the safety of our communities and the security of our prisons over to corporate CEOs through privatization of services, it provides no means for analyzing whether this privatization actually saves our state money. Where are the metrics in this legislation? What dashboard tells Michigan residents about the savings they earned by selling out their safety and security?

My amendment would require a 10 percent savings if privatization efforts are sought, would also ensure that comparable prison populations and staffing and overtime policies are compared, and that all of the costs are, in fact, being accurately analyzed, including costs for oversight and maintenance and transitioning costs.

I encourage and look forward to your support.

Senator Proos’ statement is as follows:

I rise in opposition to the amendments before us for a couple distinct reasons that my colleagues ought to pay attention to. The first was if we were going to intend to discuss a bipartisan amendment about transparency, I would think that the minority vice chair would speak to the chairman about it and have an opportunity to discuss bipartisan efforts like this. Unfortunately, this does nothing about bipartisanship at all and, in fact, is likely unconstitutional given the civil service requirements and rules that currently exist.

We ought to be discussing ways to keep the department in line with their expenditures when compared to the other Midwest states, something that is not happening in the Department of Corrections. The budget provides you with that opportunity to begin the effort to get these costs in line with other Midwest states as opposed to trying to change the constitutional requirements of the civil service system.

I would like to add one more point. When you look at this particular budget and any effort that may, in fact, happen because of competitive bidding, if we are to see competitive bidding become an opportunity for private industry to provide that service, it would happen under the civil service requirements that demand there be at least a 5 percent savings. In fact, bills that are pending before the House of Representatives right now on the number of prison beds that may be competitively bid requires that there be a 10 percent savings. We have built in benchmarks that increase the savings to the taxpayers of Michigan, the taxpayers who provide the funding for a $2 billion budget. It is too much for public safety to be maintained at the level that it is when compared to other states in the nation and other states in the Midwest.

By unanimous consent the Senate returned to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Young as Chairperson.

After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator Hansen, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 963, entitled

A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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 Meekhof 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 at the head of the Third Reading of Bills calendar:

Senate Bill No. 963

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

The following bill was read a third time:

Senate Bill No. 963, entitled

A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

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. 231 Yeas—36

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Casperson Hood Meekhof Schuitmaker

Caswell Hopgood Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Green Jones Proos Young

Nays—2

Brandenburg Hune

Excused—0

Not Voting—0

In The Chair: Hansen

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 115

Senate Concurrent Resolution No. 26

Senate Resolution No. 34

Senate Resolution No. 67

Senate Resolution No. 85

Senate Resolution No. 105

House Concurrent Resolution No. 29

Senate Resolution No. 112

House Concurrent Resolution No. 6

Senate Resolution No. 120

The motion prevailed.

Senators Proos, Jansen, Booher, Schuitmaker and Nofs offered the following resolution:

Senate Resolution No. 140.

A resolution to memorialize the President of the United States and the United States Secretary of Agriculture to declare the Southwest Michigan fruit-growing region a disaster area in the wake of weather conditions that have devastated grape production.

Whereas, In 2010, Michigan produced 36,000 tons of grapes with a net value of $15.4 million. Grapes grown in Southwest Michigan are used for juice and wine production around the country. Welch’s Foods relies on Michigan growers for 17 percent of its grape supplies for its juice production; and

Whereas, Warm temperatures in Michigan have wreaked havoc on Michigan’s grape, apple, and other fruit and vegetable crops. The early warmth caused plants to sprout prematurely, putting them at risk of damage when devastating frost occurred in early April; and

Whereas, An estimated 10,000 acres or approximately 95 percent of the crop in Southwest Michigan were destroyed by the April frost. It is projected that grape farmers alone will realize a loss of over $20 million for the 2012 season; and

Whereas, The U.S. Department of Agriculture offers several programs to help farmers recover financially from a natural disaster. In order for low-interest loans and other federal assistance to be available to the fruit and vegetable growers, Southwest Michigan must be declared a disaster area; now, therefore, be it

Resolved by the Senate, That we urge the President of the United States and the United States Secretary of Agriculture to declare the Southwest Michigan fruit-growing region a disaster area in the wake of weather conditions that have devastated grape production; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the U.S. Secretary of Agriculture, and the members of the Michigan congressional delegation.

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

Senator Meekhof moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Meekhof moved that the resolution be referred to the Committee on Agriculture.

The motion prevailed.

Senators Brandenburg, Green, Hansen, Hildenbrand, Johnson, Kowall, Marleau and Pappageorge were named co‑sponsors of the resolution.

Senator Schuitmaker offered the following resolution:

Senate Resolution No. 141.

A resolution to commemorate April 22-28, 2012, as Crime Victims’ Rights Week and reaffirm our commitment to the annual Crime Victims’ Vigil on April 25, 2012.

Whereas, With the implementation of the crime victim’s rights act in 1985 and the passage of the constitutional amendment in 1988, the state of Michigan has adopted some of the nation’s most comprehensive laws to protect the rights of victims of crime. All of us must do what we can to adhere not only to the victim’s rights laws, but the spirit of those laws as well. Let us acknowledge that just as government must be open to its citizens, so our system of justice must be open to victims of crime; and

Whereas, Though the state of Michigan continues to make strides in reducing the crime rate, there are still far too many victims of crime. Michigan families reported over 500,000 new victims of crime in 2010 alone, and research consistently indicates that less than half of all crimes are reported. The recently released National Intimate Partner and Sexual Violence Survey estimates that today in Michigan there are over 1 million survivors of sexual assault. The literally millions of Michigan citizens who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at-large; and

Whereas, We recognize that our response to crime victims plays an important role in their efforts to rebuild their lives following the offense. Let all of us—policymakers, those in the criminal justice system, counselors, clergy members, and members of the general public—do what we can to respond to victims of crime with compassion and respect; and

Whereas, The national theme for 2012 is “Extending the Vision: Reaching Every Victim.” Let us all strive toward these rights and beyond until we create a world where crime decreases, victimization is reduced, and every victim experiences their constitutional right to be treated with fairness and with respect for their dignity and privacy; and

Whereas, Through public and private efforts, our community has already taken important steps to ensure that our treatment of victims helps them to begin the healing. We gratefully acknowledge the many law enforcement officers, prosecutors, victims service providers, corrections officers, parole and probation officers, counselors, physicians, health care professionals, and the many others whose dedication and service to crime victims helps to lessen trauma and assists in personal recoveries. Let us, in particular, express our appreciation for those victims and survivors of crime who have turned personal tragedy into a motivating force not only to improve the rights and treatment of other victims of crime, but also to build a better, more just community; now, therefore, be it

Resolved by the Senate, That we hereby commemorate the week of April 22-28, 2012, as Crime Victims’ Rights Week and reaffirm our commitment to respect and enforce victims’ rights and address their needs with a Crime Victims’ Vigil on April 25, 2012, at the State Capitol, and throughout the remainder of the year.

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

Senator Meekhof moved that the rule be suspended.

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

The resolution was adopted.

Senators Anderson, Booher, Brandenburg, Colbeck, Green, Hansen, Hildenbrand, Hopgood, Johnson, Kowall, Marleau, Nofs, Pappageorge and Proos were named co‑sponsors of the resolution.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Marleau, Jansen, Jones, Warren, Emmons, Pavlov and Gleason introduced

Senate Bill No. 1086, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 9208 (MCL 333.9208), as amended by 2000 PA 90.

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

Senators Emmons, Marleau, Jansen, Jones, Warren, Pavlov and Gleason introduced

Senate Bill No. 1087, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 167 (MCL 388.1767), as amended by 2006 PA 342.

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

Senators Warren, Marleau, Jones, Emmons, Pavlov and Gleason introduced

Senate Bill No. 1088, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2000 PA 91.

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

Senators Marleau, Pappageorge, Kowall, Moolenaar, Emmons, Gregory, Smith, Hood and Robertson introduced

Senate Bill No. 1089, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 70.

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

Senators Casperson, Colbeck, Moolenaar, Booher, Marleau, Green, Pappageorge, Robertson, Meekhof, Kowall and Pavlov introduced

Senate Bill No. 1090, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20120e (MCL 324.20120e), as added by 2010 PA 228.

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

House Bill No. 5245, entitled

A bill to amend 1980 PA 395, entitled “Community convention or tourism marketing act,” by amending section 5 (MCL 141.875), as amended by 1989 PA 245.

The House of Representatives has passed the bill.

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

House Bill No. 5362, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3135 (MCL 500.3135), as amended by 2002 PA 697.

The House of Representatives has passed the bill.

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

Committee Reports

The Committee on Outdoor Recreation and Tourism reported

Senate Resolution No. 127.

A resolution to memorialize Congress to reject the President’s budget proposal to eliminate the search-and-rescue U.S. Coast Guard helicopter unit in Muskegon County and to restructure the Traverse City Air Station.

(For text of resolution, see Senate Journal No. 25, p. 363.)

With the recommendation that the resolution be adopted.

Goeffrey M. Hansen

Chairperson

To Report Out:

Yeas: Senators Hansen, Hildenbrand, Casperson, Moolenaar and Gleason

Nays: None

The resolution was placed on the order of Resolutions.

The Committee on Outdoor Recreation and Tourism reported

House Bill No. 5226, entitled

A bill to amend 1935 PA 220, entitled “An act to provide family home care for children committed to the care of the state, to create the Michigan children’s institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act,” by amending section 9 (MCL 400.209), as amended by 2011 PA 30.

With the recommendation that the bill pass.

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

Goeffrey M. Hansen

Chairperson

To Report Out:

Yeas: Senators Hansen, Hildenbrand, Casperson, Moolenaar, Gleason and Young

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Outdoor Recreation and Tourism submitted the following:

Meeting held on Thursday, April 19, 2012, at 12:30 p.m., Room 210, Farnum Building

Present: Senators Hansen (C), Hildenbrand, Casperson, Moolenaar, Gleason and Young

Excused: Senator Meekhof

The Committee on Appropriations reported

Senate Bill No. 947, entitled

A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson and Hopgood

Nays: Senator Hood

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. 950, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Proos, Schuitmaker and Walker

Nays: Senators Anderson, Gregory, Hood, Hopgood and Johnson

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. 952, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Proos, Schuitmaker and Walker

Nays: Senators Hood and Johnson

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. 953, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker and Hopgood

Nays: Senator Hood

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. 956, entitled

A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker

Nays: Senators Anderson, Gregory, Hood, Hopgood and Johnson

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. 960, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker

Nays: Senators Anderson, Hood, Hopgood and Johnson

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. 961, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2011 PA 299 and section 17b as amended by 2007 PA 137.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker

Nays: Senators Anderson, Gregory, Hood, Hopgood and Johnson

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

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, April 18, 2012, at 1:19 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

The Committee on Appropriations reported

Senate Bill No. 949, entitled

A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Proos, Schuitmaker and Walker

Nays: Senators Colbeck, Green, Anderson, Gregory, Hood, Hopgood and Johnson

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. 954, entitled

A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2013; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Green, Proos and Walker

Nays: Senators Colbeck, Schuitmaker, Anderson, Gregory, Hood, Hopgood and Johnson

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. 955, entitled

A bill to make appropriations for higher education for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker

Nays: Senators Anderson, Gregory, Hood, Hopgood and Johnson

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. 957, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker

Nays: Senators Anderson, Gregory, Hood, Hopgood and Johnson

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. 958, entitled

A bill to make appropriations for the department of energy, labor, and economic growth for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker and Johnson

Nays: Senator Hood

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. 959, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker and Walker

Nays: None

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. 962, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hood, Hopgood and Johnson

Nays: None

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. 963, entitled

A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2013; and to provide for the expenditure of the appropriations.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Pappageorge, Booher, Caswell, Colbeck, Green, Proos, Schuitmaker, Walker, Anderson, Gregory, Hopgood and Johnson

Nays: Senator Hood

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

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Thursday, April 19, 2012, at 11:26 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Retirement submitted the following:

Meeting held on Thursday, April 19, 2012, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jansen (C), Caswell, Colbeck and Hood

Scheduled Meetings

Agriculture - Thursday, April 26, 8:30 a.m., Room 110, Farnum Building (373-5312)

Appropriations -

Subcommittee -

Capital Outlay - Thursday, April 26, 9:00 a.m., Room 352, Capitol Building (373-8080)

Banking and Financial Institutions - Thursday, April 26, 1:30 p.m., Room 100, Farnum Building (373-5324)

Economic Development - Wednesday, April 25, 1:00 p.m., Room 110, Farnum Building (373-5323)

Finance - Wednesday, April 25, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307)

Natural Resources, Environment and Great Lakes - Thursday, April 26, 8:30 a.m., Room 210, Farnum Building (373‑5323)

Outdoor Recreation and Tourism - Thursday, April 26, 12:30 p.m., Room 210, Farnum Building (373-5323)

Reforms, Restructuring and Reinventing - Wednesday, April 25, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5307)

Regulatory Reform - Thursday, April 26, 12:30 p.m., Room 110, Farnum Building (373-5307)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 3:39 p.m.

The Assistant President pro tempore, Senator Hansen, declared the Senate adjourned until Wednesday, April 25, 2012, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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