No. 90

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2009

Senate Chamber, Lansing, Tuesday, October 27, 2009.

10:00 a.m.

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

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

Allen—present Garcia—excused 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

Senator Martha G. Scott of the 2nd District offered the following invocation:

“The Lord is my light and my salvation; whom shall I fear? The Lord is the very strength of my life; of whom shall I be afraid?” Let the words of my mouth, Lord, be acceptable in Thy sight.

O Heavenly Father, we come to You this morning saying thank You. Thank You for these wonderful, beautiful fall days, Lord. Thank You for my colleagues, Lord, but just give us all the strength and the courage to do what is needed for the people of this state—not for just special groups, but for all of Your people. Lord, let us not forget about the least of these.

O God, when we have food, help us to remember the hungry. When we have work, help us to remember the jobless. When we have a warm home, help us to remember the homeless. When we are without pain, help us to remember those who suffer. Remind us to help us to destroy our complacency and restore our compassion.

Help us to be concerned enough to help by word and deed those who cry out for what we take for granted. Lord, just touch the Governor; touch all of those in leadership, Lord, and help us to come together in love to finish this budget, Lord. Help us to do our job, Lord.

I ask in Thy name, O Lord. Amen.

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

Motions and Communications

Senator Cropsey moved that Senator Garcia be excused from today’s session.

The motion prevailed.

Senator Thomas moved that Senators Hunter, Clarke and Brater be temporarily excused from today’s session.

The motion prevailed.

Senators Brater and Van Woerkom entered the Senate Chamber.

The following communication was received:

Office of the State Budget

October 22, 2009

On October 22, 2009, I received an official notice from the State Treasurer that the Department of Treasury has determined that the amount appropriated from the State School Aid Fund under 2009 PA 121 exceeds the amount available for expenditure from the State School Aid Fund for the fiscal year that ends on September 30, 2010. As provided for by the Legislature in section 11(3) of The State School Aid Act of 1979 (“Section 11(3)”), proration is therefore required and I am notifying you that in 30 calendar days state school aid payments will be prorated in the manner prescribed by the Legislature to reflect the amount actually available for expenditure from the State School Aid Fund in fiscal year 2009-2010.

Under Section 11(3), the Legislature may prevent proration from occurring, by, within 30 calendar days, enacting legislation appropriating additional funds from the general fund, the Countercyclical Budget and Economic Stabilization Fund, any State School Aid Fund balance, or another source to fund the projected shortfall. As you are well aware, additional revenue will be required to fund the shortfall.

According to the State Treasurer, it is currently estimated that State School Aid Fund revenues are insufficient by $212.0 million. Consistent with the requirements of section 11(4) of The State School Aid Act of 1979, it is estimated that annualized state aid payments to school districts and public school academies will be reduced by approximately $127 per pupil, payments to intermediate school districts will be reduced by approximately $8.8 million, and payments to non-school entities in the school aid appropriations act will be reduced by approximately $1.3 million. These estimates may be modified by revenues and pupil counts agreed to at the consensus revenue estimating conference in January of 2010, and other cost data updated by the Department of Education as it becomes available. Pursuant to Section 11(3), payments for the Proposal A guarantee, Headlee-mandated special education and school lunch payments, Durant settlement payments, other specified payments, and federal grants are not affected by proration.

The Governor and I stand ready to work in a bi-partisan manner with the Legislature to find solutions that will provide critical funding to our schools.

Sincerely,

Robert L. Emerson

State Budget Director

The communication was referred to the Secretary for record.

The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from April 1, 2009 through June 30, 2009, and are available in the Secretary’s office during business hours for public inspection:

Committee Chairperson

Agriculture and Bioeconomy Senator Gerald Van Woerkom

Appropriations Senator Ron Jelinek

Banking and Financial Institutions Senator Randy Richardville

Campaign and Election Oversight Senator Michelle McManus

Commerce and Tourism Senator Jason Allen

Economic Development and Regulatory Reform Senator Alan Sanborn

Education Senator Wayne Kuipers

Energy Policy and Public Utilities Senator Bruce Patterson

Families and Human Services Senator Mark Jansen

Finance Senator Nancy Cassis

Government Operations and Reform Senator Michael Bishop

Health Policy Senator Tom George

Homeland Security and Emerging Technologies Senator Cameron Brown

Hunting, Fishing and Outdoor Recreation Senator James Barcia

Judiciary Senator Wayne Kuipers

Local, Urban and State Affairs Senator Gerald Van Woerkom

Natural Resources and Environmental Affairs Senator Patricia Birkholz

Senior Citizens and Veterans Affairs Senator Jason Allen

Transportation Senator Jud Gilbert

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, October 22:

House Bill Nos. 4759 5153

The Secretary announced the enrollment printing and presentation to the Governor on Friday, October 23, for her approval the following bills:

Enrolled Senate Bill No. 70 at 10:54 a.m.

Enrolled Senate Bill No. 71 at 10:56 a.m.

Enrolled Senate Bill No. 774 at 10:58 a.m.

The Secretary announced that the following official bills were printed on Thursday, October 22, and are available at the legislative website:

Senate Bill Nos. 928 929 930 931 932 933 934 935 936 937 938 939 940

House Bill Nos. 5531 5532 5533

The Secretary announced that the following official bills were printed on Friday, October 23, and are available at the legislative website:

Senate Bill Nos. 941 942 943 944

House Bill Nos. 5534 5535 5536 5537 5538 5539 5540 5541 5542

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Recess

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

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

11:17 a.m.

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

During the recess, Senators Pappageorge, Hunter and Clarke entered the Senate Chamber.

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

Senate Bill No. 744

Senate Bill No. 786

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 744, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3829a.

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. 553 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 786, entitled

A bill to amend 1943 PA 148, entitled “An act to provide for the regulation and licensing of proprietary schools in the state; to require surety; to provide for collection and disposition of fees; and to prescribe penalties for the violation of this act,” by amending sections 1, 1a, 2, 2a, and 2b (MCL 395.101, 395.101a, 395.102, 395.102a, and 395.102b), sections 1, 2, 2a, and 2b as amended and section 1a as added by 1983 PA 60.

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. 554 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—1

Garcia

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

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 Sanborn 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:

House Bill No. 4906, entitled

A bill to amend 2004 PA 174, entitled “Streamlined sales and use tax administration act,” by amending section 25 (MCL 205.825), as amended by 2008 PA 437.

Senate Bill No. 719, entitled

A bill to amend 1895 PA 198, entitled “An act to establish a law uniform with the laws of other states relating to the sealing of deeds and other written instruments,” by amending section 2 (MCL 565.232).

Senate Bill No. 720, entitled

A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3n (MCL 8.3n).

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

Resolutions

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

Senate Resolution No. 41

Senate Resolution No. 75

The motion prevailed.

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

Senate Resolution No. 89

Senate Resolution No. 90

Senate Resolution No. 91

The resolution consent calendar was adopted.

Senator McManus offered the following resolution:

Senate Resolution No. 89.

A resolution to memorialize Congress to require that 2010 census forms include a question on citizenship.

Whereas, Article I, Section 2 of the United States Constitution requires that a census be conducted every 10 years; and

Whereas, The census is used to apportion seats in the United State House of Representatives, determine electoral votes for each state, redraw state legislative districts, and allocate government program funding; and

Whereas, In fiscal year 2000, the Government Accounting Office found that 85 percent of federal government obligations in grants to state and local governments were distributed on the basis of formulas that use data such as population and income. Federal programs that are distributed on the basis of population include, but are not limited to, Social Services Block Grant, Workforce Development, Community Development Block Grants, Medicaid, foster care, Adoption Assistance, roads and transportation grants, and others; and

Whereas, The census figures are based on actual counts of persons living in the United States, including citizens, noncitizen legal residents, noncitizen long-term visitors, and illegal immigrants; and

Whereas, The census questionnaires have evolved over time to include much more information about the population of the United States; and

Whereas, It is imperative to know how many residents are citizens and legal residents of the United States; now, therefore, be it

Resolved by the Senate, That we memorialize Congress to require that 2010 census forms include a question on citizenship; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Senators Birkholz, Cassis, Cropsey, Jansen, Kuipers and Pappageorge were named co‑sponsors of the resolution.

Senators Brown, Pappageorge, Patterson, Sanborn and Van Woerkom offered the following resolution:

Senate Resolution No. 90.

A resolution to memorialize Congress to require that the forms for the 2010 census include a statement of citizenship.

Whereas, The decennial federal census has an enormous and long-lived impact on our country and the individual states and municipalities. As the basis for the apportionment of congressional and legislative districts, the distribution of billions of dollars each year, and the composition of the Electoral College that selects the President, the census has a profound influence on the nation; and

Whereas, This year’s census questionnaire is slated to be a short form document that does not include a direct question or statement regarding citizenship. There is a strong feeling among many observers that omitting this information will skew the results and, ultimately, penalize the states with the lowest number of noncitizens. Because of the increasing number of illegal immigrants and the concentration of them in certain areas of the country, states like Michigan suffer significantly, not only economically, but politically as well; and

Whereas, There is legislation pending in Congress to address the need to determine the citizenship status of all those living in the United States as a key part of the information gathered. This includes not only those visitors and residents who are here legally, but also those who are not. Without this information, the census would be neither complete nor accurate; now, therefore, be it

Resolved by the Senate, That we memorialize Congress to require that the forms for the 2010 census include a statement of citizenship; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

Senators Birkholz, Cassis, Kuipers and McManus were named co‑sponsors of the resolution.

Senator Stamas offered the following resolution:

Senate Resolution No. 91.

A resolution recognizing October 18-24, 2009, as National Chemistry Week in the state of Michigan.

Whereas, It is important to recognize the significant contribution that the business of chemistry makes to the well-being of Michigan and its citizens; and

Whereas, National Chemistry Week is a community-based annual event that unites the industry, businesses, schools, and individuals in communicating the importance of chemistry to our quality of life; and

Whereas, Each year, the American Chemical Society through this effort reaches millions of people with positive messages about the contributions of chemistry to their daily lives; and

Whereas, It is the one time during the year that chemists, regardless of background, unite with the common goal of spreading the word that chemistry is good for our economy, our health, and our well-being; and

Whereas, The theme for National Chemistry Week 2009 is “Chemistry—It’s Elemental!” This recognizes that the elements are the basis of the entire universe and of life on Earth, and they are an important part of everyday life; and

Whereas, The year 2009 is the 140th anniversary of Mendeleev’s periodic table of the elements. This is a wonderful opportunity to investigate and appreciate the discovery and use of the elements in every aspect of our lives; and

Whereas, In Michigan, 96 percent of all manufactured goods are directly touched by the business of chemistry, making this industry an essential part of every facet of our nation’s economy; and

Whereas, Chemistry companies in Michigan directly employ over 28,000 people and indirectly contribute 8,569 jobs to the economy of the state. For every chemistry-industry job in Michigan, an additional 3.2 jobs are created within the state; and

Whereas, Within the past six months, ten job-creating projects, generating more than 18,500 new jobs and over 3.4 billion in new investment, will come to Michigan. These jobs are all related to the chemistry industry; and

Whereas, The Michigan Chemistry Council and its member companies are working to improve environmental conditions; protect the health and safety of workers; strengthen our community; and provide an assurance for the future; and

Whereas, Michigan’s chemistry businesses are increasing industrial efficiency, competitiveness, and helping Michigan develop a bioeconomy and green business practices to increase the adoption of clean technology; and

Whereas, The Michigan Chemistry Council and the American Chemical Society believe National Chemistry Week is an opportunity for government to join forces with chemistry businesses and the citizens of Michigan to ensure a prosperous and sustainable future; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize October 18-24, 2009, as National Chemistry Week in the state of Michigan. We call the attention of all our citizens to this observance.

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:

Senate Bill No. 608

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 608, 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 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. 555 Yeas—34

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Scott

Basham George Kuipers Stamas

Birkholz Gilbert McManus Switalski

Bishop Gleason Olshove Thomas

Brater Hardiman Pappageorge Van Woerkom

Brown Hunter Prusi Whitmer

Cherry Jacobs

Nays—2

Cassis Patterson

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 608.

Senator Cassis’ statement is as follows:

We do have a question for the honorable Senator from Allegan, and that is, does that make you a grandma or a nana?

On a very important issue, I would like to express my “no” vote on Senate Bill No. 608. As you know, Senate Bill No. 608 is a supplemental, and it allows for ARRA money to be used toward job training. Inasmuch as it is only one-time money, that raises concerns on its own. I would like to add that it is very interesting that, just within the last few days, DELEG, who oversees the job training programs and workforce training programs in our state, conveniently released a report. On the surface, it looks very optimistic that 72 percent of all the job training activities between August 2007 and February 2009 job placement has been at a record rate of 72 percent. Again, that is very optimistic, and we hope it is accurate. I would then really suggest and recommend that this report be backed up by an objective investigation with specific, supportive references in order to verify the claims that are being made.

Further, I would recommend that our Auditor General actually become involved and do an audit of the workforce training programs and No Worker Left Behind. Up until now, there has been no realistic evaluation measurement of these programs. Included in here, as you may remember, are dollars for film training in the film industry. As you know, we are seeing certain promises about jobs coming from those training programs actually fall through.

As of late, we are watching very closely what is happening with Unity Studios in Allen Park. WXYZ Channel 7 out of Detroit has reported some very interesting findings, and it seems that sometimes legislators are being blamed for individuals who can’t quite get the investment dollars needed to go ahead. We hope these job training programs really will result in jobs because all of those people who are expecting to have employment deserve to have that expectation realized. There are concerns about this area of robust training in the film industry and whether or not there will be jobs.

I raise these issues, and again, I am going to ask that the Auditor General very shortly investigate this whole arena.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Brown introduced

Senate Joint Resolution M, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to establish the right to life of all human beings from the beginning of their biological development.

The joint resolution was read a first and second time by title and referred to the Committee on Judiciary.

Senator Cassis introduced

Senate Bill No. 945, entitled

A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act,” by amending section 14 (MCL 423.14) and by adding section 14a.

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

House Bill No. 4759, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2009 PA 48.

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 Economic Development and Regulatory Reform.

House Bill No. 5153, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 513 (MCL 436.1513), as amended by 2009 PA 48.

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 Economic Development and Regulatory Reform.

Statements

Senators McManus, Scott, Whitmer, Birkholz, Jacobs 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 McManus’ statement is as follows:

Last Wednesday, I introduced Senate Resolution No. 89, which was before us today on the resolution consent calendar. My resolution calls on Congress to require that 2010 census forms include a question on citizenship. With all the valuable information collected by the U.S. Census Bureau, it is incredible that this one basic question may not be asked this year.

As you know, census numbers are used to determine how many electoral votes each state receives, how government funds are allocated, and how many congressional seats are distributed—seats that will be decided by voters. Last I checked, you have to be a citizen to vote.

It is critical that we know whether the people we are counting are citizens if we are going to make sure our voters are being fairly represented. I urge Congress to act on this important matter so next year’s census will be a true reflection of our citizens and voters.

Senator Scott’s statement is as follows:

In their editorial arguing against using credit scores as a factor in determining auto insurance rates, the Grand Rapids Press editorial board wrote, and I quote: “Among the testimony taken during OFIR hearings on the issue was one insurance agent who said he was forced to give a favorable rate to a customer with ‘gold credit’ but a conviction for drunken driving. Another driver who had a clean driving record, but poor credit, paid more. That makes no sense. Yet, about three-quarters of Michigan auto insurance companies rely, in some cases significantly, on credit scores to offer discount rates. Past attempts to outlaw credit scoring have failed. This court case points out the continuing inequity and the need for action.”

There you have it—a major Michigan daily newspaper saying that insurance rate setting in Michigan is flawed. We can work together to fix this flaw and other flaws in our insurance system. If the Supreme Court does not outlaw the practice of using credit scores to determine rates, then we must act quickly to do just that. Then we need to move on to the other problems that we know exist in how these companies determine insurance rates.

Join me and work with me to move my bills and make insurance rates fair for everyone in Michigan.

Senator Whitmer’s statement is as follows:

Yesterday, the East Lansing Public Schools received a letter from the Majority Leader of this body inviting them to participate in a discussion about the 20j cut and commiserating with them about how awful that cut was. Of course, that cut just happened and the East Lansing Public Schools are in a bad situation right now. Upon receiving the letter, they called the office to schedule the meeting, and they were put off for two months.

While that kind of a conversation, if it is genuine, cannot wait for two months, so I invite the leader, if he would like to participate in that conversation, to have it much sooner. I would be happy to host it. In fact, I’ll even foot the bill for bagels and coffee.

Please take this issue with the urgency that it needs. Our schools cannot wait. This matter of school funding is something that the Legislature needs to take very seriously. You cannot build a future for Michigan and leave this generation of kids behind. We have to educate our kids if we want to have an educated workforce. We want to have children who are prepared to take the jobs that we are trying to pull into the state of Michigan. We want to make Michigan a great place to live, work, and raise a family.

I would be more than happy to host that type of a meeting. Since we are all in Lansing and since East Lansing Public Schools are a mere seven miles away, we could do it at any time—tomorrow morning, in fact. I would be happy to put that together. I offer my humble services in the event that we can put that together. Let me know how I can be helpful.

Senator Birkholz’s statement is as follows:

It is my sincere honor today to announce the arrival of my first grandchild. Her name is Hayden Elice Bailey-Birkholz, daughter of my son Eric Birkholz and daughter-in-law Dr. Laurie Bailey-Birkholz of Fox Point, Wisconsin. She weighs 8 pounds 10 ounces and is beautiful.

Senator Jacobs’ statement is as follows:

I just wanted to share with you an experience that I had last night. I went to a film incentive rally in Pontiac. I was also joined by Senator Clarke, and it was a really fascinating experience. There were well over 100 people who are in the film and commercial industry here in Michigan. As I talked with people before the rally started, we discussed the issue of transparency not just for the film tax credits, but for all the tax credits. I think that everybody who is rational agrees that transparency is a very, very important thing and that we all have to be good stewards of our tax dollars.

The point I wanted to share with you was that at one point, Mitch Albom asked how many people moved to Michigan who were at this rally. Honestly, only a handful of hands went up, which meant that the people who were there are really people who live in Michigan, work in Michigan, and want to stay in Michigan. Most importantly, when I looked around at the average age of those people, they were all young, creative, talented people.

As we move forward looking at the film incentives and film credits—this emerging, huge industry for the state—the exciting thing is that in some small way, we are really reversing this brain-drain from our state. I was so excited to see these young, creative, talented people who want to work here in the state and have families. They are buying houses, and they are staying here.

The film incentive program is truly working and doing what we want it to do, but it is still a fledgling industry, and we want to be sure that we allow this to flourish and to grow. I want to thank my colleagues who have supported this all along, and hopefully, we can keep this industry blossoming here in this state.

Senator Bishop’s statement is as follows:

I just wanted to rise momentarily to respond to the statement by the Senator from the 23rd District who suggested that she has a superintendent of schools who wishes to meet with me. I want to let the good Senator to know that if her superintendent wishes to meet with me, I would be more than pleased to meet with her and the superintendent.

I have sent a letter across the state to all the 20j school districts who were cut this past week and explained to them exactly what happened. I explained to them that the Senate passed a balanced budget that included 20j. I explained to the superintendents that for 16 years, since 20j has been a part of the School Aid Fund as a part of the agreement on Proposal A; that this Legislature has honored that funding; and that it was the Legislature that passed a balanced budget with the funding in it. It was subsequently the Governor who vetoed that funding.

I would suggest that if the superintendent of the East Lansing School District would like to meet with me, they might also want to meet with the Governor to discuss their concerns. I think that is where the concern is in this case. I did meet with superintendents of schools from all across the Oakland County area and some in Wayne County yesterday, and we discussed this very issue. I am pleased at any given point in time to meet with those superintendents.

I do take offense to the suggestion that someone called my office and was denied a meeting. I think that is irresponsible of a member, especially a trained lawyer who is responsible to live up to the rules of professional conduct, to make such a statement when it is not true.

Committee Reports

The Committee on Finance reported

House Bill No. 4218, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 51 (MCL 211.51), as amended by 2005 PA 114.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, Pappageorge, Jacobs, Cherry and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4264, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, Pappageorge, Jacobs, Cherry and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Finance reported

House Bill No. 4709, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 117 (MCL 208.1117).

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, Pappageorge, Jacobs, Cherry and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Thursday, October 22, 2009, at 11:08 a.m., Room 110, Farnum Building

Present: Senators Cassis (C), Gilbert, Pappageorge, Jansen, Jacobs, Cherry and Whitmer

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Thursday, October 22, 2009, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Van Woerkom, Cassis and Whitmer

Excused: Senator Gleason

Scheduled Meetings

Agriculture and Bioeconomy - Thursday, October 29, 9:00 a.m., Room 110, Farnum Building (373-1635)

Appropriations - Wednesday, October 28, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑6960)

Campaign and Election Oversight - Wednesday, October 28, 12:00 noon, Room 405, Capitol Building (373-1725)

Economic Development and Regulatory Reform - Wednesday, October 28, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-7670)

Education - Thursday, October 29, 2:30 p.m., Room 210, Farnum Building (373-6920)

Health Policy - Wednesday, October 28, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0793)

Legislative Retirement Board of Trustees - Thursday, December 3, 2:00 p.m., Room H-252, Capitol Building (373‑0575)

Natural Resources and Environmental Affairs - Wednesday, October 28, 1:00 p.m., Room 110, Farnum Building (373 3447)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 11:54 a.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Wednesday, October 28, 2009, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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