No. 67
STATE OF MICHIGAN
Journal of the Senate
95th Legislature
REGULAR SESSION OF 2010
Senate Chamber, Lansing, Wednesday, August 11, 2010.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Allen—present Garcia—present Olshove—present
Anderson—present George—present Pappageorge—present
Barcia—present Gilbert—present Patterson—present
Basham—present Gleason—present Prusi—present
Birkholz—excused Hardiman—present Richardville—present
Bishop—present Hunter—present Sanborn—excused
Brater—present Jacobs —present Scott—present
Brown—present Jansen—present Stamas—present
Cassis—excused 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—excused Nofs—present
Senator Gilda Z. Jacobs of the 14th District offered the following invocation:
We pray for all who hold positions of leadership and responsibility in our national, state, and local lives. Let Your blessing rest upon them, and make them responsive to Your will, so that our nation and our state may be to the world an example of justice and compassion.
Deepen our love for our country and our state and our desire to serve them. Strengthen our power of self-sacrifice for our nation’s and our state’s welfare. Teach us to uphold its good name by our own right conduct.
Cause us to see clearly that the well-being of our nation and state rests in the hands of all its citizens. Imbue us with zeal for the cause of liberty in our own land in all lands, and help us always to keep our homes safe from affliction, strife, and war. Let us say amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Nofs, Stamas, Richardville, Jansen and McManus entered the Senate Chamber.
Senator Thomas moved that Senators Brater, Hunter and Clarke be temporarily excused from today’s session.
The motion prevailed.
Senator Brown moved that Senators Birkholz, Cassis, Cropsey and Sanborn be excused from today’s session.
The motion prevailed.
Senators Brater, Clarke and Hunter entered the Senate Chamber.
Senator Brown moved that consideration of the motion to discharge the Committee on Government Operations from further consideration of the following resolution be postponed for today:
Senate Resolution No. 172
The motion prevailed.
Recess
Senator Brown moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:08 a.m.
10:56 a.m.
The Senate was called to order by the President, Lieutenant Governor Cherry.
The following communication was received:
Department of Treasury
July 27, 2010
Please find attached one copy of the Principal Residence Exemption Compliance Program Quarterly Report for the period April 1, 2010 - June 30, 2010. The report is required by Public Act 128 of 2009, the General Government Appropriations Act. Section 947 of the Act provides, in part, as follows:
(2) of the funds appropriated in part 1, $500,000.00 shall be used for the principal residence exemption compliance program. The department shall submit quarterly progress reports that include the number of exemptions denied and the revenue received under this program. The legislative auditor general shall complete a performance audit of the principal residence exemption compliance program prior to April 1, 2010. Revenue generated to the state from the principal residence exemption compliance program shall be used to reimburse the state general fund for the $500,000.00 appropriation prior to any other allocation.
Frederick Headen, Director
Bureau of Local Government Services
The communication was referred to the Secretary for record.
The following communication was received:
Department of State Police
July 29, 2010
The State 9-1-1 Committee and the State 9-1-1 Administrator’s Office is happy to present to you the 2010 Annual 9-1-1 Report to the Legislature as required by MCL 484.1412. The report is mandated by P.A. 32 of 1986, as amended.
The report reflects the progress of Michigan’s 9-1-1 system in 2009 and our current “to date” status. In addition to meeting the statute’s requirements, the report is highly informative on Michigan’s 9-1-1 system. We believe the report also sets the stage for future progress of our state’s 9-1-1 system.
We welcome any comments or questions that you may have. Please direct those inquiries to Harriet Miller-Brown, State 9-1-1 Administrator at millerhr@michigan.gov .
We are requesting that you reply back to our office that you have received this report. Please respond to us no later than Thursday, August 5, 2010.
Janet Hengesbach
State 911 Administrative Office
The communication was referred to the Secretary for record.
The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, July 28:
House Bill No. 4663
The Secretary announced the enrollment printing and presentation to the Governor on Friday, July 30, for her approval the following bills:
Enrolled Senate Bill No. 1308 at 10:53 a.m.
Enrolled Senate Bill No. 1309 at 10:55 a.m.
Enrolled Senate Bill No. 797 at 10:57 a.m.
The Secretary announced the enrollment printing and presentation to the Governor on Monday, August 2, for her approval the following bill:
Enrolled Senate Bill No. 1147 at 1:53 p.m.
The Secretary announced that the following official bills and joint resolution were printed on Thursday, July 29, and are available at the legislative website:
Senate Bill Nos. 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443
Senate Joint Resolution BB
House Bill Nos. 6351 6352 6353 6354 6355 6356 6357 6358 6359 6360 6361 6362 6363
Messages from the Governor
The following messages from the Governor were received:
Date: August 1, 2010
Time: 9:50 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 962 (Public Act No. 133), being
An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” by amending section 111 (MCL 208.1111), as amended by 2008 PA 433.
(Filed with the Secretary of State on August 2, 2010, at 9:30 a.m.)
Date: August 3, 2010
Time: 5:06 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1308 (Public Act No. 138), being
An act to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending sections 15, 17, and 20 (MCL 445.1575, 445.1577, and 445.1580), section 17 as amended by 1983 PA 188, and by adding section 14a.
(Filed with the Secretary of State on August 4, 2010, at 3:24 p.m.)
Date: August 3, 2010
Time: 5:08 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1309 (Public Act No. 139), being
An act to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending sections 5 and 6 (MCL 445.1565 and 445.1566), section 5 as amended by 1998 PA 456 and section 6 as amended by 1983 PA 188.
(Filed with the Secretary of State on August 4, 2010, at 3:26 p.m.)
Date: August 3, 2010
Time: 5:15 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 797 (Public Act No. 142), being
An act to make, supplement, and adjust appropriations for various state departments and agencies and certain other state purposes for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.
(Filed with the Secretary of State on August 4, 2010, at 3:32 p.m.)
Date: August 3, 2010
Time: 5:20 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 1147 (Public Act No. 144), being
An act to amend 1966 PA 346, entitled “An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to create certain other funds and provide for the expenditure of certain funds; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments instead of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,” by amending sections 59 and 59a (MCL 125.1459 and 125.1459a), as added by 2008 PA 456.
(Filed with the Secretary of State on August 4, 2010, at 3:36 p.m.)
Respectfully,
Jennifer M. Granholm
Governor
The following message from the Governor was received:
August 3, 2010
Today I have signed Enrolled Senate Bill 797, which adjusts appropriations for state departments and agencies for the fiscal year ending September 30, 2010. Under the bill, $46.6 million in lower state expenditures directly result from concessions made by our valued state employees who continue to do more with less on behalf of the Michigan taxpayers we serve. We owe a debt of gratitude to state employees and their families who repeatedly sacrificed in these difficult budgetary times.
One provision of this bill that state employees will not be implementing is Section 501. This section purports to impose an unfunded mandate on the Department of Community Health to hire a private contractor to implement internal controls and internal correction actions related to findings of the legislative auditor general. But Senate Bill 797 appropriates no funds for this purpose, improperly delegates the legislative function of identifying funding for the mandated activity, and actually reduces total authorized expenditures for the Department by $4.5 million. The purported mandate under this section cannot then be a valid condition on an appropriation. Accordingly, I am directing that Enrolled Senate Bill 797 be implemented without regard to Section 501. Instead, the Department will focus its efforts on the implementation of Executive Order 2010-1, which creates the Office of Health Services Inspector General effective October 1, 2010.
I thank the Legislature for its work on this important budget legislation.
Respectfully,
Jennifer M. Granholm
Governor
Senator Brown moved that consideration of the following bill be postponed for today:
Senate Bill No. 1163
The motion prevailed.
The following messages from the Governor were received and read:
July 28, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 29 of Article 5 of the Michigan Constitution of 1963:
Civil Rights Commission
Mr. Eliya “Louie” Boji, a Republican, of 3752 Erie Drive, Orchard Lake, Michigan 48324, county of Oakland, succeeding Mark J. Bernstein, who has resigned, is appointed for a term commencing July 28, 2010 and expiring December 31, 2010.
July 30, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to office under Sections 16121 and 17025 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17025:
Joint Task Force for Health Professions in Medicine and Osteopathic Medicine and Surgery
Mr. Michael M. Claussen of 1010 Dobbin Drive, Kalamazoo, Michigan 49006, county of Kalamazoo, is appointed to represent physician’s assistants, for a term commencing July 30, 2010 and expiring June 30, 2014.
Mr. John G. McGinnity of 322 Elk Lake Road, Attica, Michigan 48412, county of Lapeer, is appointed to represent physician’s assistants, for a term commencing July 30, 2010 and expiring June 30, 2014.
August 6, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to office under Section 2 of 1978 PA 260, MCL 393.352:
Commission for the Blind
Mr. Michael S. Geno of 2028 St. Clair Street, Port Huron, Michigan 48060, county of St. Clair, is reappointed to represent blind persons, for a term commencing October 1, 2010 and expiring September 30, 2013.
Ms. Margaret Wolfe of 1866 Joseph Street, Ann Arbor, Michigan 48104, county of Washtenaw, is reappointed to represent the general public, for a term commencing October 1, 2010 and expiring September 30, 2013.
August 6, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 1 of 1963 (2nd Ex. Sess.) PA 48, MCL 390.551:
Central Michigan University Board of Control
Mr. Ronald C. Edmonds of 4901 Warblers Way, Midland, Michigan 48642, county of Midland, succeeding Gail Torreano, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018.
Mr. Kevin F. Kelley of 14900 Fox, Redford, Michigan 48239, county of Wayne, succeeding Stephanie Comai, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018.
August 6, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 2 of 1949 PA 114, MCL 390.802:
Ferris State University Board of Control
Mr. Edward L. Haynor of 1407 East 78th Street, Newaygo, Michigan 49337, county of Newaygo, succeeding James Haverman, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018.
Mr. Larry L. Leatherwood of 812 Canton Drive, Lansing, Michigan 48917, county of Eaton, succeeding R. Thomas Cook, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018.
August 6, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 21 of the State Housing Development Authority Act of 1966, 1966 PA 346, MCL 125.1421:
Michigan State Housing Development Authority
Mr. Kenneth D. Theis of 6535 South Airport Road, St. Johns, Michigan 48879, county of Clinton, succeeding Stanley Pruss, who has retired, is appointed to represent principal department heads of the executive branch of the state government, for a term commencing August 6, 2010 and expiring at the pleasure of the Governor.
August 6, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to state office under Section 2 of 1885 PA 70, MCL 390.352 and Section 1 of 1963 (2nd Ex. Sess.) PA 21, MCL 390.861:
Michigan Technological University Board of Control
Mr. Terry J. Woychowski of 9333 Park Lane, Commerce, Michigan 48382, county of Oakland, succeeding Ruth Reck, whose term will expire December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.
Mr. Russell A. Gronevelt, Jr., of 11648 Paciocco Court, Plymouth, Michigan 48170, county of Wayne, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2018.
August 6, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 1 of 1963 (2nd Ex. Sess.) PA 48, MCL 390.551:
Western Michigan University Board of Control
Mr. John T. Cakmakci of 11073 East Higley Circle, Schoolcraft, Michigan 49087, county of Kalamazoo, succeeding William Martin, whose term will expire on December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.
Mr. George A. Franklin of 2010 Hudson Street, Kalamazoo, Michigan 49008, county of Kalamazoo, succeeding Kenneth Miller, whose term will expire on December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.
Sincerely,
Jennifer M. Granholm
Governor
The appointments were referred to the Committee on Government Operations.
Messages from the House
Senator Brown moved that consideration of the following bill be postponed for today:
House Bill No. 4514
The motion prevailed.
Senate Bill No. 215, entitled
A bill to amend 1975 PA 164, entitled “An act to create a commission on Spanish-speaking affairs, an office of Spanish-speaking affairs, and an interagency council on Spanish-speaking affairs; to prescribe their powers and duties; to provide for appropriations; and to abolish the advisory council for the Spanish-speaking,” by amending the title and sections 1, 2, 3, 4, 5, and 6 (MCL 18.301, 18.302, 18.303, 18.304, 18.305, and 18.306), sections 2 and 4 as amended by 2004 PA 94.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Brown moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 376 Yeas—34
Allen Clarke Jelinek Prusi
Anderson Garcia Kahn Richardville
Barcia George Kuipers Scott
Basham Gilbert McManus Stamas
Bishop Gleason Nofs Switalski
Brater Hardiman Olshove Thomas
Brown Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman Jansen
Nays—0
Excused—4
Birkholz Cassis Cropsey Sanborn
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Brown moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 749
Senate Bill No. 1093
Senate Bill No. 1014
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 749, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803e (MCL 257.803e), as amended by 2003 PA 30.
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. 377 Yeas—34
Allen Clarke Jelinek Prusi
Anderson Garcia Kahn Richardville
Barcia George Kuipers Scott
Basham Gilbert McManus Stamas
Bishop Gleason Nofs Switalski
Brater Hardiman Olshove Thomas
Brown Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman Jansen
Nays—0
Excused—4
Birkholz Cassis Cropsey Sanborn
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1093, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803i (MCL 257.803i), as amended by 1998 PA 68.
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. 378 Yeas—34
Allen Clarke Jelinek Prusi
Anderson Garcia Kahn Richardville
Barcia George Kuipers Scott
Basham Gilbert McManus Stamas
Bishop Gleason Nofs Switalski
Brater Hardiman Olshove Thomas
Brown Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman Jansen
Nays—0
Excused—4
Birkholz Cassis Cropsey Sanborn
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1014, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1531f.
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. 379 Yeas—34
Allen Clarke Jelinek Prusi
Anderson Garcia Kahn Richardville
Barcia George Kuipers Scott
Basham Gilbert McManus Stamas
Bishop Gleason Nofs Switalski
Brater Hardiman Olshove Thomas
Brown Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman Jansen
Nays—0
Excused—4
Birkholz Cassis Cropsey Sanborn
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Allen, Jansen, Anderson 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 Allen’s statement is as follows:
Sadly, Team Allen has somebody who is departing. I would like to make a few remarks about our wonderful intern Monica Drettman who has done a phenomenal job. Monica is a student at St. Mary’s College of Notre Dame, studying social work and has taken it upon herself to spend the summer working in our office and serving as a summer page.
Monica has been a valuable member of our staff assisting constituents, interacting on how government shapes the lives of individuals, and working with our staff. She is a talented writer and a very competent contributor to our office. Her dedication to service has been much appreciated both in our office and on the Senate floor.
As an office, we have learned much about her from our interactions with Monica, and we have been able to give her experiences and insights as we are working through issues in the 37th District. We are very saddened about losing Monica. We know that her success will be great because she has the intuition, hard work, and effort.
We wish her well in her continued studies at St. Mary’s, and we look forward to seeing her in the years to come as she moves forward in her accomplishments.
The President pro tempore, Senator Richardville, assumed the Chair.
Senator Jansen’s statement is as follows:
I would also like to say farewell to an intern in my office. I would first like to say thank you to Ryan Colleran who is actually from the Rockford area in my district. He has been interning in my office. He is a student at the University of Michigan. I know sometimes that is a good thing, and sometimes it is not quite as good here. He is a very intelligent young man. I expect to see him in high places.
He is in his final semester to receive a BA in political science and history in December. He also graduated from Rockford High School in my district. Over the past few months, Ryan has proven to be dedicated, a hardworking, intelligent young man. He has learned how to write a lot of letters because we have had a lot of activities going on and a tremendous amount of research for my office and helped out my staff tremendously.
I want to wish him well and wish him the very best in his future. He might even go to Michigan State and get his law degree. I want to welcome Ryan to the floor and ask my colleagues to join me in thanking him.
Senator Anderson’s statement is as follows:
As we are all saying goodbye to a lot of interns today, I rise to recognize and say goodbye to a young man who will be starting at Michigan State in less than a month from now. Georgios Basoukeas is someone who started in my office in mid-June, and he will be starting at Michigan State this next semester in the James Madison program.
He has been an excellent writer. He has been one of the first people online people will talk to when they call into the office. He has done a tremendous job with research, especially dealing with our nursing program and the role of nurses in our state. He has been a tremendous asset to my office and working with my constituents calling in. I am deeply appreciative of that. He has reached out to many organizations and groups in the community to let them know that we are here and ready to help in any way possible. He has been a tremendous asset to the office.
He is going to be moving on to an exciting, new phase in his life. We want to wish him the best, and I ask everyone to join me in saying goodbye to Georgios.
Senator Bishop’s statement is as follows:
It is my great honor to work in the Senate and to work with a lot of great people. I think I have given this speech several times since I have held this office. One of the great pleasures is that I get to work with very talented people. Over the summer, I was able to work with an old friend of mine, a person who was my high school government teacher, geography teacher, and just about anything. Any way I could get into this guy’s class, I did in high school. He is the finest teacher I have ever come across. When you talk to people across this state and those who have gone to Adams High School, they know Greg Clevenger. He is one of the best of the best.
He was instrumental in moving a lot of folks through the process, but also inspiring them to go on to do other things. I look back on my life and Greg Clevenger is one of those folks who was a mentor to me and an inspiration to me to go in a direction that I have in my life. I am greatly indebted to him for what he has done for me and for my family.
Over the past 37 years, Greg Clevenger has been a leader in public education, and he has written books. He also teaches at Spring Arbor College. This is his life. His life is to give back. His life is to inspire others. He is a real testament to all the great things that we know about people. When we talk about great educators and hold up certain individuals as examples, this is the man I talk about.
Greg has been working in my office and seeing government from the other side and learning more about the process. When he goes back to write more books in the future, he is going to have a chance to give it that perspective. He has been a great asset to the office. He has been responding to constituents. He has been helping us develop issues. He has been a great asset to the folks in the office as a mentor as well.
I want to thank him for his service to the state, and I want to thank him for what he has done for my office and for all the future things he will do and the people he will touch. I hope that my colleagues will help me thank him as well.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Brown 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 George 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. 5830, entitled
A bill to amend 1980 PA 497, entitled “Construction lien act,” by amending the title and sections 104, 106, and 118 (MCL 570.1104, 570.1106, and 570.1118), the title and sections 104 and 106 as amended by 2006 PA 497 and section 118 as amended by 1982 PA 17, and by adding section 118a; and to repeal acts and parts of acts.
House Bill No. 5831, entitled
A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending sections 3b, 8b, and 8e (MCL 338.883b, 338.888b, and 338.888e), sections 3b and 8e as added by 1990 PA 246 and section 8b as amended by 1992 PA 130.
House Bill No. 5832, entitled
A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending sections 6, 11, and 16 (MCL 338.976, 338.981, and 338.986), section 6 as amended by 2004 PA 271 and section 11 as amended by 1990 PA 5.
House Bill No. 5833, entitled
A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending sections 21, 43, and 47 (MCL 338.3531, 338.3553, and 338.3557).
House Bill No. 5834, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2404, 2409, and 2411 (MCL 339.2404, 339.2409, and 339.2411), sections 2404 and 2411 as amended by 2007 PA 157 and section 2409 as amended by 1988 PA 463.
House Bill No. 5835, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15b of chapter XVII (MCL 777.15b), as added by 2002 PA 206.
The bills were placed on the order of Third Reading of Bills.
Resolutions
Senator Brown moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 41
Senate Resolution No. 75
Senate Resolution No. 88
House Concurrent Resolution No. 41
Senate Resolution No. 168
Senate Resolution No. 169
Senate Concurrent Resolution No. 48
The motion prevailed.
Senate Concurrent Resolution No. 46.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and West Shore Community College relative to the West Shore Community College Arts and Sciences Center/Remodeling and Additions.
The Assistant Secretary of the Senate made the following statement:
Mr. President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Boji Tower.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:
Roll Call No. 380 Yeas—34
Allen Clarke Jelinek Prusi
Anderson Garcia Kahn Richardville
Barcia George Kuipers Scott
Basham Gilbert McManus Stamas
Bishop Gleason Nofs Switalski
Brater Hardiman Olshove Thomas
Brown Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman Jansen
Nays—0
Excused—4
Birkholz Cassis Cropsey Sanborn
Not Voting—0
In The Chair: Richardville
Introduction and Referral of Bills
Senator Jelinek introduced
Senate Bill No. 1444, 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 bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Anderson, Switalski, Cherry and Prusi introduced
Senate Bill No. 1445, entitled
A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 204a (MCL 4.1204a), as added by 1998 PA 429; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senators Anderson and Prusi introduced
Senate Bill No. 1446, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 933 (MCL 168.933), as amended by 2003 PA 119, and by adding section 558a.
The bill was read a first and second time by title and referred to the Committee on Campaign and Election Oversight.
Senator Brown introduced
Senate Bill No. 1447, entitled
A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2008 PA 40.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator Brown introduced
Senate Bill No. 1448, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2008 PA 36.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator Brater introduced
Senate Bill No. 1449, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 65 and 65a (MCL 791.265 and 791.265a), section 65 as amended by 1998 PA 512 and section 65a as amended by 1998 PA 315.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Birkholz introduced
Senate Bill No. 1450, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30104b (MCL 324.30104b), as added by 2006 PA 592.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senator Birkholz introduced
Senate Bill No. 1451, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30306b (MCL 324.30306b), as amended by 2009 PA 120; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senator Jelinek introduced
Senate Bill No. 1452, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 537 (MCL 600.537), as amended by 1988 PA 134.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No. 4663, entitled
A bill to amend 1969 PA 224, entitled “An act to license and regulate dealers in and research facilities using dogs and cats for research purposes; and to repeal certain acts and parts of acts,” by amending sections 1, 8, and 9 (MCL 287.381, 287.388, and 287.389); and to repeal acts and parts of acts.
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 Garcia, Scott and Gleason asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Garcia’s statement is as follows:
On July 21, I was absent due to some military responsibilities. We held Roll Call Nos. 358-367, and I would have voted “yes” on all of them. On July 28, I was again absent for military responsibilities. We conducted Roll Call Nos. 368-374, and I would have voted “yes” on all of them as well.
Senator Scott’s statement is as follows:
Winston Churchill once said, “I like things to happen, and if they don’t happen, I like to make them happen.” I have been talking daily and fighting for years now to try and make auto insurance reform happen. The unfairness in the system as it operates now creates huge problems for drivers in our urban areas and across the state. We can let this continue, or we can address the problems and improve this situation for everyone.
If a person is a bad driver, then they should pay more for insurance. If a person fails to pay their insurance bill in a timely manner, then they should pay a penalty. But if a person is never late on an insurance bill, then their insurance costs should not go up. A person with a good driving record should not pay more for insurance than someone with a bad record who lives in a different neighborhood.
The changes that would make auto insurance fair and affordable really are not radical. I do not believe they would rob the insurance companies of their profits or cause them to go out of business. In fact, if they made auto insurance more affordable and fair, then they may increase their profits because those who are driving without insurance now could finally afford to insure their cars.
The high cost of auto insurance is a problem for our constituents, and we need to deal with it now. We need to do the job that our constituents sent us to Lansing to do.
Senator Gleason’s statement is as follows:
First of all, I would like to extend my gratitude for all of the cards, calls, and best wishes on the road to my recovery. I took each one of them with the intentions they were given—very personal and very heartfelt. As always, I need to express my gratitude for the love and support that I received from my beautiful wife and kids. It was quite a tumultuous experience, and I couldn’t have survived it without my beautiful family. I thank them for all they have put up with.
You don’t realize what you have or how soon you can lose it. I know that our purpose here sometimes gets waylaid and muddled about what our intentions, purposes, goals, and desires should be. It is an experience that I would say actually served a purpose. I was moved to go through it and was inspired by those sharing the hospital space with me who have families and daily concerns similar to mine. I want to thank all the doctors and the chances that we give those here in the state of Michigan to provide health care.
I rise today to say that I missed some votes on July 21 and 28. I would have voted “yes” on Roll Call Nos. 358-375. But at that specific time, with that responsibility and purpose before us, I just didn’t have the heart to do it.
Thank you again for your concerns, prayers, and consistent support during this process. It has been a long month, but I am getting better every single day.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Conference Committee on School Aid (SB 1163) submitted the following:
Meeting held on Wednesday, June 30, 2010, at 8:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Jelinek (C), Brown and Switalski
Senator Brown moved that the Senate adjourn.
The motion prevailed, the time being 11:36 a.m.
In pursuance of the order previously made, the President pro tempore, Senator Richardville, declared the Senate adjourned until Tuesday, August 17, 2010, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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