No. 94
STATE OF MICHIGAN
Journal of the Senate
95th Legislature
REGULAR SESSION OF 2010
Senate Chamber, Lansing, Tuesday, November 30, 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 George—present Pappageorge—present
Anderson—present Gilbert—present Patterson—present
Barcia—present Gleason—present Prusi—present
Basham—present Hardiman—present Richardville—present
Birkholz—present Hunter—present Sanborn—present
Bishop—present Jacobs—present Scott—excused
Brater—present Jansen—present Stamas—present
Brown—present Jelinek—present Switalski—present
Cassis—present Kahn—present Thomas—present
Clark-Coleman—present Kuipers—present Van Woerkom—present
Clarke—present McManus—present Whitmer—present
Cropsey—present Nofs—present
Garcia—present Olshove—present
Reverend G. Patrick White of Christ Community Church of Allegan offered the following invocation:
O Loving and caring God, we come before Your throne in prayer acknowledging You as our Heavenly Father. We come to You in a season that many of us embrace as a time for patience and waiting as we anticipate once again the celebration of Your coming. In Advent, we recognize that You have come, will come again, and have already established Yourself in the hearts of many.
As we have been created in Your image, we recognize our freedom to say and act of our own free will. With this we make our own decisions as to whether we will follow Your commands and leadings; whether or not we will be a people who will allow our hearts the capacity for giving and receiving love, being merciful and filled with a sense of compassion and justice.
Lord, I lift up each of these men and women who have been elected to an office of privilege, praying that each would keep uppermost in their minds that they are public servants. Help them to use their creative minds in order to seek more than the status quo. Guide them to live lives that would aspire to things beyond simply surviving. Strengthen them to rise up above the clamor that would call them to selfish and self-seeking ways.
Remind them to champion the common good and best interests of all the people in our great state, especially those who are disenfranchised and those physically and mentally fragile, as well as those who are simply without. But especially I pray this day that You would love these who would make decisions for all of us; love each beyond measure, holding each in the hollow of Your precious hand.
In Christ, I pray. Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Richardville, Bishop, Pappageorge, Garcia, Thomas, Stamas, Van Woerkom, McManus, Kuipers, Nofs and Hunter entered the Senate Chamber.
Senators George and Switalski asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator George’s statement is as follows:
I would like to make an announcement on the event of the retirement of one of my valued staff members, Jill Costello, who has served the Legislature for two decades. You should know first that Jill’s given name is actually Dolly and that Jill began her legislative career in 1990 initially working for Representative Claude Trim and then for Representative Tom Middleton. Representative Middleton is here with us this morning.
She then came to the Senate and worked for then-Senators Goschka, DeGrow, and myself, and of course, during that time, she has worked on legislation and done constituent casework and has served the citizens of our district very well. I want you to know that Jill started life in Kentucky. She was born the fourth of seven children to B.D. and Daisy Powell. She moved to Michigan and settled in Oakland County as a youngster. She graduated from Waterford Kettering High School. She later worked at Gratiot Christian School and then Evangel Baptist Church before joining the Legislature.
One of the biggest influences in Jill’s life has been her family. We are joined by many of them who are in the Gallery and here on the floor with us. She had two children Julie and Josh—her son Josh is deceased—and one grandchild Nicholas. Her siblings and extended family of nieces and nephews have always been very important to her. In fact, she eagerly awaits every year the gathering of the five generations of the Decker family for their annual reunion in the Kentucky homestead.
Jill has a couple of talents that you all have benefited from or at least one. That is her cake baking skills. She is a renowned cake maker. She prepares cakes for weddings, and all the cakes that our office has supplied Jill has made over the last eight years and, I am sure, for her other offices before. Jill is also an excellent vocalist, so if you are looking at getting married, she can sing and make your cake.
She has been a volunteer to help children. This has been one of her passions, and some very fortunate children will now benefit from the fact that she is retiring from the Legislature after her 20 years of service. They will benefit from her talents and skills. We are going to have cake in our office at 1:30 for anyone who is interested in coming by and thanking Jill. It is not a cake that she baked, unfortunately, but it will have to do.
So please join me in welcoming her family and friends and for congratulating Jill on her 20 years of service to the citizens of Michigan.
Senator Switalski’s statement is as follows:
It is my pleasure to introduce Chris Stevens, who has been interning in my office, and today is his last day. He is a first-year law student at Cooley Law School. When I actually met him, he wrote to my office, and he came and met me. He is employed by Citizen Hill, which is a tech company that does online constituent outreach. So we actually did an online town hall about a month ago. Chris put that whole thing together. You sit there in your office with your computer, people send in questions to you through the Internet, you talk into the computer, and your face is there. It is great. We had about 100 people.
We are doing another one tonight, and people will actually YouTube their questions into us. We will play their question, and whoever films the best question and sends it to us, we are going to give them a prize. So you still have time to submit your question for tonight.
I want to thank Chris for all the great work he has done. He is going to be working, hopefully, when he gets out of law school, in the intellectual property area as a techie lawyer. So, Chris, thank you very much, and I hope the Senate would acknowledge him.
Senator Anderson moved that the Committee on Transportation be discharged from further consideration of the following bill:
House Bill No. 4961, entitled
A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” by amending the title and sections 1, 6a, 7, 7a, and 10 (MCL 247.801, 247.806a, 247.807, 247.807a, and 247.810), the title as amended by 1984 PA 398 and section 7a as amended by 1981 PA 122, and by adding sections 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 7i.
The question being on the motion to discharge,
Senator Thomas moved that further consideration of the motion be postponed for today.
The motion prevailed.
Senator Basham asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Basham’s statement is follows:
The reason this issue should be discharged is this is probably one of the single most issues we can deal with in this state to, No. 1, create jobs; No. 2, protect this state and this country with homeland security; No. 3, to be able to have some redundancy when it comes to infrastructure crossing our international borders. There our 26 international border crossings in this country, and 24 of them are publicly-owned. The busiest border crossing in this country happens to be in Michigan, and it is privately-owned. It is eighty-some years old. There needs to be some redundancy in an after corridor.
This issue is so important. This bill has been worked on, and I give kudos to the chair of the Transportation Committee to where we actually have an (S-10) substitute. So if this bill has been drawn and re-drawn and worked with all interest groups until we actually have had an (S-10) draft that we are willing to incorporate into this House bill, we should get a chance to vote on it.
Normally, we would have a hearing and a vote in the Transportation Committee, but because this issue is so important, I am asking that we take the extraordinary step that we have done on previous bills of a lot less importance than this bill. We have done discharge motions and voted on them on the Senate floor. This bill is monumental when it comes to, again, homeland security, transportation, and protecting the auto industry, so they have free flow of trade back and forth across the border.
Again, Mr. President, there are 17 traffic lights between Toronto and also El Paso. They are all in downtown Windsor. With this bill having been vetted for over seven years, we have had ample time to deal with it through the normal process. This group of legislators, 29 of them, will be leaving at the end of this term, after two more days, and this issue is too important to wait until the next legislative body deals with it.
This, again, is not a partisan issue. This is a jobs issue, a commerce issue, an issue of trade between Michigan and its largest trading partner, Canada. This is an issue that has to be dealt with. It has to be dealt with sooner than later. And, again, there has been a lot of work on this issue. I can remember sitting here—if you compare this issue how important it is and why it should be discharged—two issues like coming up with service taxes in the middle of the night and discharging them in previous legislative sessions. This issue here should be discharged and dealt with today. That is the importance of it.
Senator Cropsey moved that consideration of the motion to discharge the Committee on Government Operations from further consideration of the following resolutions be postponed for today:
Senate Resolution No. 15
Senate Resolution No. 172
The motion prevailed.
The following communication was received and read:
Office of the Auditor General
November 12, 2010
Enclosed is a copy of the following audit report:
Financial audit of the Emergency 9-1-1 Fund, Michigan Department of State Police and Department of Treasury, for the period October 1, 2007 through September 30, 2009.
Auditor General
The audit report was referred to the Committee on Government Operations.
The following communication was received and read:
Office of Senator Deborah Cherry
November 19, 2010
Please accept this letter as my official resignation from the Michigan State Senate effective upon my swearing in as Genesee County Treasurer at 11:00 a.m. on Friday, November 19, 2010.
It has been an honor to serve the citizens of the 26th District as their State Senator for nearly eight years. I am also looking forward to serving the residents of Genesee County as Treasurer.
If I can be of any assistance to the Michigan State Senate, please feel free to contact me.
Sincerely,
Deborah Cherry
State Senator
26th District
The communication was referred to the Secretary for record.
The following communication was received:
Department of Technology, Management, and Budget
November 10, 2010
Section 298c of Public Act 431 of 1984 requires the Department of Technology, Management, and Budget to report annually regarding the progress of the Michigan Capitol Park. This park encompasses the Veterans Memorial Park and is the future site of the Michigan Law Enforcement Officers Memorial Monument.
Since October of 2009, there have been no changes in the development or operation of the Michigan Capitol Park, or to the master plan.
If you have any further questions regarding the Michigan Capitol Park, please contact me at 373-0666.
Sincerely,
Phyllis Mellon
Acting Director
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, November 10:
House Bill Nos. 4493 5320 5926 6205 6358 6359 6360 6407 6526
The Secretary announced that the following House bills were received in the Senate and filed on Friday, November 12:
House Bill Nos. 4431 4917 5461 5618 5622 5684 5751 5858 5887 6026 6027 6081 6093 6149
6153 6206 6240 6241 6251 6361 6362 6363 6416 6417 6484 6511
The Secretary announced the enrollment printing and presentation to the Governor on Monday, November 15, for her approval the following bill:
Enrolled Senate Bill No. 1302 at 2:29 p.m.
The Secretary announced that the following official bills were printed on Wednesday, November 10, and are available at the legislative website:
House Bill Nos. 6543 6544 6545 6546 6547 6548 6549 6550 6551 6552 6553 6554 6555
The Secretary announced that the following official bills were printed on Friday, November 12, and are available at the legislative website:
Senate Bill Nos. 1584 1585
House Bill Nos. 6556 6557 6558 6559 6560 6561 6562 6563 6564 6565 6566
The Secretary announced that the following official bills were printed on Thursday, November 18, and are available at the legislative website:
House Bill Nos. 6567 6568 6569 6570 6571 6572 6573 6574 6575 6576 6577 6578 6579
Messages from the Governor
Senator Cropsey moved that consideration of the following bills be postponed for today:
Senate Bill No. 1163
Senate Bill No. 1152
Senate Bill No. 1153
The motion prevailed.
The following message from the Governor was received and read:
November 19, 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 Sections 16121 and 16521 of the Public Health Code, 1978 PA 368, MCL 333.16121 and MCL 333.16521:
Michigan Board of Acupuncture
Mr. Craig D. Houchen of 365 Scott Avenue N.W., Grand Rapids, Michigan 49504, county of Kent, succeeding Arthur Kaminsky, who has resigned, is appointed to represent acupuncturists, for a term commencing November 19, 2010 and expiring June 30, 2011.
Sincerely,
Jennifer M. Granholm
Governor
The appointment was referred to the Committee on Government Operations.
Messages from the House
Senator Cropsey moved that consideration of the following bill be postponed for today:
House Bill No. 4514
The motion prevailed.
Senator Cropsey moved that rule 3.202 be suspended to permit immediate consideration of the following bill:
Senate Bill No. 371
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 371, entitled
A bill to allow certain active duty service members to terminate contracts with wireless telecommunications providers; to provide for the rights and responsibilities of the parties to those terminated contracts; to provide for the powers and duties of certain state officials; to prescribe civil sanctions and provide remedies; and to provide for the disposition of civil fines.
The House of Representatives has amended the bill as follows:
1. Amend page 2, line 10, after “of” by striking out “180” and inserting “179”.
The House of Representatives has passed the bill as amended and ordered that it be given immediate effect.
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 567 Yeas—35
Allen Clark-Coleman Jacobs Patterson
Anderson Clarke Jansen Prusi
Barcia Cropsey Jelinek Richardville
Basham Garcia Kahn Sanborn
Birkholz George Kuipers Stamas
Bishop Gilbert McManus Switalski
Brater Gleason Nofs Thomas
Brown Hardiman Olshove Van Woerkom
Cassis Hunter Pappageorge
Nays—0
Excused—0
Not Voting—2
Scott Whitmer
In The Chair: President
Senator Thomas moved that Senator Whitmer be temporarily excused from the balance of today’s session.
The motion prevailed.
Senator Thomas moved that Senator Scott be excused from today’s session.
The motion prevailed.
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 returned to the order of
Motions and Communications
Senator Whitmer entered the Senate Chamber.
Senator Cropsey moved that rule 3.902 be suspended to allow the guests of Senator Kahn admittance to the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator Cropsey moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Cropsey moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:33 a.m.
10:41 a.m.
The Senate was called to order by the President, Lieutenant Governor Cherry.
During the recess, Senator Kahn introduced the family of fallen soldier Army Specialist De’Angelo B. Snow of Saginaw, who was killed in action in Kandahar, Afghanistan, and presented them with a Special Tribute.
A moment of silence was observed in memory of Army Specialist De’Angelo B. Snow.
Recess
Senator Cropsey moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:42 a.m.
12:50 p.m.
The Senate was called to order by the President pro tempore, Senator Richardville.
Senator Cropsey moved that the Committee on Campaign and Election Oversight be discharged from further consideration of the following bill:
House Bill No. 6232, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642a (MCL 168.642a), as amended by 2005 PA 71.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Cropsey moved that the Committee on Natural Resources and Environmental Affairs be discharged from further consideration of the following bill:
House Bill No. 6261, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82101, 82106, and 82118 (MCL 324.82101, 324.82106, and 324.82118), section 82101 as amended by 2008 PA 145, section 82106 as amended by 2008 PA 399, and section 82118 as amended by 2008 PA 400, and by adding section 82105c.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Cropsey moved that the Committee on Finance be discharged from further consideration of the following bill:
House Bill No. 5550, entitled
A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 611 (MCL 141.2611), as amended by 2002 PA 500.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Cropsey moved that the Committee on Judiciary be discharged from further consideration of the following bills:
House Bill No. 4931, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2008 PA 565.
House Bill No. 4325, entitled
A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.77) by adding sections 14, 14a, 14b, 14c, and 14d.
House Bill No. 4326, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2009 PA 82.
House Bill No. 6168, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 9928 (MCL 600.9928).
House Bill No. 6169, entitled
A bill to amend 1956 PA 5, entitled “Michigan uniform municipal court act,” (MCL 730.501 to 730.534) by adding section 8a.
House Bill No. 6170, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 10, 11, and 492 (MCL 168.10, 168.11, and 168.492), section 492 as amended by 1989 PA 142.
The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Scott introduced
Senate Bill No. 1586, 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 sections 7 and 9 (MCL 400.207 and 400.209), section 7 as amended by 1998 PA 525 and section 9 as amended by 2004 PA 470.
The bill was read a first and second time by title and referred to the Committee on Families and Human Services.
Senator Scott introduced
Senate Bill No. 1587, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 19c and 20 of chapter XIIA (MCL 712A.19c and 712A.20), section 19c as amended by 2008 PA 203, and by adding section 21a to chapter XIIA.
The bill was read a first and second time by title and referred to the Committee on Families and Human Services.
Senator Garcia introduced
Senate Bill No. 1588, entitled
A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 179 (MCL 32.579), as amended by 2002 PA 133.
The bill was read a first and second time by title and referred to the Committee on Senior Citizens and Veterans Affairs.
Senators Richardville and Barcia introduced
Senate Bill No. 1589, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43517, 43520, 43525a, 43526, 43527, and 43531 (MCL 324.43517, 324.43520, 324.43525a, 324.43526, 324.43527, and 324.43531), sections 43517 and 43520 as amended by 2006 PA 282, sections 43525a and 43527 as amended by 2006 PA 280, section 43526 as amended by 1996 PA 585, and section 43531 as amended by 2009 PA 70.
The bill was read a first and second time by title and referred to the Committee on Hunting, Fishing and Outdoor Recreation.
Senators Cropsey, Garcia and Nofs introduced
Senate Bill No. 1590, entitled
A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 4 (MCL 28.4), as amended by 2009 PA 180.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Birkholz and Van Woerkom introduced
Senate Bill No. 1591, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30113 (MCL 324.30113), as amended by 2006 PA 496, and by adding section 32504b and part 324.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No. 4431, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 239 and 239a (MCL 750.239 and 750.239a), section 239a as added by 1996 PA 496.
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 Judiciary.
House Bill No. 4493, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310e (MCL 257.310e), as amended by 2004 PA 362.
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 Transportation.
House Bill No. 4917, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2009 PA 201.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5320, entitled
A bill to regulate certain activities involving automatic fire protection systems; to establish certain licensing and endorsement standards; to provide for certain powers and duties for certain state agencies; to create boards; to create a fund for certain purposes and to impose fees; and to provide for penalties and remedies.
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. 5461, entitled
A bill to provide for the establishment of a private source of funding for public infrastructure; to prescribe the powers and duties of certain public entities; to finance public infrastructure through public and private sources; to authorize the acquisition and disposal of interests in real and personal property; to authorize certain public and private entity partnerships; to authorize the creation and implementation of certain plans and negotiated benefit areas; to promote economic development; to authorize the use of tax increment financing; to prescribe powers and duties of certain state and local officials; to provide for rule promulgation; and to provide for enforcement of the act.
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 Transportation.
House Bill No. 5618, entitled
A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2009 PA 84, and by adding section 13e.
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 Appropriations.
House Bill No. 5622, entitled
A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2010 PA 206.
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 Appropriations.
House Bill No. 5684, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17609, 17959, 18358, 18359, and 20958 (MCL 333.17609, 333.17959, 333.18358, 333.18359, and 333.20958), section 17609 as added by 2008 PA 524, section 17959 as added by 2008 PA 471, sections 18358 and 18359 as added by 2006 PA 333, and section 20958 as amended by 2000 PA 375.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No. 5751, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5301 and 5303 (MCL 324.5301 and 324.5303), section 5301 as amended by 2005 PA 255 and section 5303 as amended by 2002 PA 398.
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 Natural Resources and Environmental Affairs.
House Bill No. 5858, entitled
A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure thereof under the supervision of the director of the department of management and budget and the state administrative board.
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 Appropriations.
House Bill No. 5887, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11d, 11m, 11p, 22a, 51a, and 56 (MCL 388.1611, 388.1611d, 388.1611m, 388.1611p, 388.1622a, 388.1651a, and 388.1656), section 11 as amended by 2010 PA 204, sections 11d, 11m, 22a, 51a, and 56 as amended by 2010 PA 110, and section 11p as added by 2010 PA 205, and by adding section 152a.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5926, entitled
A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending sections 208, 601, and 606 (MCL 125.3208, 125.3601, and 125.3606), as amended by 2008 PA 12.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 6026, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7403a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No. 6027, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2006 PA 259.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No. 6081, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; 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 Appropriations.
House Bill No. 6093, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 437 (MCL 208.1437), as amended by 2009 PA 241.
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 Finance.
House Bill No. 6149, entitled
A bill to amend 2003 PA 238, entitled “Michigan notary public act,” by amending sections 41, 43, and 49 (MCL 55.301, 55.303, and 55.309).
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 Banking and Financial Institutions.
House Bill No. 6153, entitled
A bill to make, supplement, and adjust appropriations for the department of state police for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.
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 Appropriations.
House Bill No. 6205, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16347, 18401, 18411, 18413, and 18421 (MCL 333.16347, 333.18401, 333.18411, 333.18413, and 333.18421), section 16347 as added by 1993 PA 79, sections 18401, 18413, and 18421 as amended by 2004 PA 308, and section 18411 as amended by 2006 PA 408, and by adding sections 18423, 18425, 18426, and 18427.
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. 6206, entitled
A bill relating to the promotion of convention business and tourism in this state; to provide for regional tourism and convention marketing and promotion programs in certain areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the functions and duties of certain state departments and employees; and to prescribe penalties and remedies.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 6240, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3406f and 3539 (MCL 500.3406f and 500.3539), section 3406f as added by 1996 PA 517 and section 3539 as amended by 2005 PA 306.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 6241, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 401a and 402b (MCL 550.1401a and 550.1402b), section 401a as added by 1982 PA 290 and section 402b as amended by 1999 PA 7.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 6251, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2008 PA 225.
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 Commerce and Tourism.
House Bill No. 6358, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20114a, 20120a, 20120b, 20120c, and 20120d (MCL 324.20114a, 324.20120a, 324.20120b, 324.20120c, and 324.20120d), section 20114a as amended by 1996 PA 115, sections 20120a, 20120b, and 20120c as added by 1995 PA 71, and section 20120d as amended by 1996 PA 383, and by adding sections 20114b, 20114c, 20114d, 20120, and 20120e; 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 Natural Resources and Environmental Affairs.
House Bill No. 6359, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20126 and 20126a (MCL 324.20126 and 324.20126a), section 20126 as amended by 1999 PA 196 and section 20126a as added by 1995 PA 71, and by adding section 20114e.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 6360, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20107a and 20108b (MCL 324.20107a and 324.20108b), section 20107a as amended and section 20108b as added by 1996 PA 383.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 6361, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20101, 20104, and 20104a (MCL 324.20101, 324.20104, and 324.20104a), section 20101 as amended and section 20104a as added by 1996 PA 383 and section 20104 as amended by 1995 PA 71.
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 Natural Resources and Environmental Affairs.
House Bill No. 6362, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20129, 20137, and 20139 (MCL 324.20129, 324.20137, and 324.20139), as amended by 1995 PA 71.
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 Natural Resources and Environmental Affairs.
House Bill No. 6363, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20112a, 20113, and 20114 (MCL 324.20112a, 324.20113, and 324.20114), section 20112a as added and section 20114 as amended by 1995 PA 71 and section 20113 as amended by 1996 PA 383.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 6407, entitled
A bill to provide for the preservation of certain economic development rates or contracts; to provide for the adoption of certain rate-making policies for certain electric utilities; to prescribe the powers and duties of certain state agencies and officials; 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 Energy Policy and Public Utilities.
House Bill No. 6416, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5204 and 19708 (MCL 324.5204 and 324.19708), section 5204 as amended by 2005 PA 253 and section 19708 as amended by 2005 PA 256, and by adding sections 5204b, 5204c, and 19703a.
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.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 6417, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204a (MCL 324.5204a), as added by 2005 PA 254, and by adding section 5317.
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 Natural Resources and Environmental Affairs.
House Bill No. 6484, entitled
A bill to amend 1964 PA 183, entitled “An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations,” by amending sections 1 and 7 (MCL 830.411 and 830.417), as amended by 2005 PA 67, and by adding section 8b.
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 Appropriations.
House Bill No. 6511, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11c of chapter XVII (MCL 777.11c), as added by 2002 PA 31.
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 Judiciary.
House Bill No. 6526, entitled
A bill to amend 2006 PA 317, entitled “An act to create certain centers in the Michigan strategic fund; to impose certain duties and responsibilities on those centers and on certain state employees and public employees; and to repeal acts and parts of acts,” by amending section 2 (MCL 125.1972); 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 Commerce and Tourism.
Senator Thomas moved that Senator Jacobs be excused from the balance of today’s session.
The motion prevailed.
By unanimous consent the Senate returned to the order of
General Orders
Senator Cropsey moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President pro tempore, Senator Richardville, designated Senator Jansen 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. 6359, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20126 and 20126a (MCL 324.20126 and 324.20126a), section 20126 as amended by 1999 PA 196 and section 20126a as added by 1995 PA 71, and by adding section 20114e.
House Bill No. 6360, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20107a and 20108b (MCL 324.20107a and 324.20108b), section 20107a as amended and section 20108b as added by 1996 PA 383.
House Bill No. 6363, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20112a, 20113, and 20114 (MCL 324.20112a, 324.20113, and 324.20114), section 20112a as added and section 20114 as amended by 1995 PA 71 and section 20113 as amended by 1996 PA 383.
House Bill No. 6416, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5204 and 19708 (MCL 324.5204 and 324.19708), section 5204 as amended by 2005 PA 253 and section 19708 as amended by 2005 PA 256, and by adding sections 5204b, 5204c, and 19703a.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 5921, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill:
House Bill No. 4583, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5133 (MCL 333.5133), as amended by 1994 PA 420.
The following are the amendments recommended by the Committee of the Whole:
1. Amend page 3, line 4, after “which” by striking out “SEPTEMBER 1, 2010” and inserting “JANUARY 1, 2011”.
2. Amend page 4, line 13, after “1989” by striking out “SEPTEMBER 1, 2010” and inserting “JANUARY 1, 2011”.
3. Amend page 8, line 4, after “effect” by striking out “September 1, 2010” and inserting “January 1, 2011”.
The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended 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 Cassis asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Cassis’ statement is as follows:
It is my honor today to introduce to all of my colleagues three of our children: Caroline, who is here today from Connecticut with her two daughters; McKenna, who was eight months old when I was sworn in and attended that swearing-in ceremony; Ellison, who is five years old—right here, this is Ellie; my son Drew and his two daughters; his oldest Morgan, who is eight, and Addison—right here, underneath—who is three.
Laila has also come here to be with us and joins us from California. We are grateful for that. My husband Victor, of course, he needs no introduction. He is always by my side. Special thanks to both my daughters, Caroline and Laila, for that delicious cake that I hope you are enjoying outside. It reflects a retirement. It’s a retirement cake, but it’s going to allow me to have a whole lot more time to spend with my children, my husband, and my delightful little angels, most of whom are here today, but there are others who are not here.
So thank you very much for allowing me to share this very special family moment with all of you, my colleagues.
Senator Cropsey moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:
House Bill No. 5921
The motion prevailed, a majority of the members serving voting therefor.
Senator Cropsey moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No. 5241
House Bill No. 5921
The motion prevailed.
The following bill was read a third time:
House Bill No. 5241, entitled
A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 3 (MCL 38.1603), as amended by 2008 PA 366.
The question being on the passage of the bill,
Senator Switalski offered the following amendment:
1. Amend page 5, line 18, after “DATE” by inserting a comma and “AND IF THE MEMBER DOES NOT PARTICIPATE IN THE DEFERRED RETIREMENT OPTION PLAN UNDER SECTION 24A, MCL 38.1624A”.
The amendment was not adopted, a majority of the members serving not 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. 568 Yeas—33
Allen Clark-Coleman Jansen Patterson
Anderson Cropsey Jelinek Prusi
Barcia Garcia Kahn Richardville
Basham George Kuipers Sanborn
Birkholz Gilbert McManus Stamas
Bishop Gleason Nofs Thomas
Brater Hardiman Olshove Van Woerkom
Brown Hunter Pappageorge Whitmer
Cassis
Nays—1
Switalski
Excused—2
Jacobs Scott
Not Voting—1
Clarke
In The Chair: Richardville
Senator Anderson moved that Senator Clarke be excused from the balance of today’s session.
The motion prevailed.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the Michigan department of state police retirement system; to create certain reserves and certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of the department of state police, the department of management and budget, and certain state officers; and to repeal certain acts and parts of acts,”.
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No. 5921, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278.
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. 569 Yeas—34
Allen Clark-Coleman Jelinek Prusi
Anderson Cropsey Kahn Richardville
Barcia Garcia Kuipers Sanborn
Basham George McManus Stamas
Birkholz Gilbert Nofs Switalski
Bishop Gleason Olshove Thomas
Brater Hardiman Pappageorge Van Woerkom
Brown Hunter Patterson Whitmer
Cassis Jansen
Nays—0
Excused—3
Clarke Jacobs Scott
Not Voting—0
In The Chair: Richardville
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,”.
The Senate agreed to the full title.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Cropsey moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 41
Senate Resolution No. 75
Senate Resolution No. 88
Senate Resolution No. 168
Senate Resolution No. 169
Senate Concurrent Resolution No. 48
The motion prevailed.
House Concurrent Resolution No. 41.
A concurrent resolution to memorialize the Congress of the United States to enact the federal Food Desert Oasis Act to encourage the location of grocery stores in certain communities.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Statements
Senators Kuipers, George and Brown asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Kuipers statement is as follows:
When I saw Senator Cassis’ grandkids up here, it brought me back to 12 years ago when I first won an election to my seat in the House of Representatives. My kids were about that age. Now I have one who is in graduate school, one out of state going to college, and one graduating from high school this year, so time flies. I have to say the last 12 years have been extremely fast. It is hard to believe we are standing here now at the conclusion of our legislative careers. Many of us have the distinction of coming in as the first term-limited class into the House of Representatives and then coming over to the Senate as the first term-limited class here. So we share that history together, and that is one thing that, I think, will bind us together for a long, long time. I don’t have anything profound to say, but I did want to take this opportunity to express my thanks to a whole list of people.
First and foremost, I need to thank God for putting me in this position of being able to influence public policy for the last 12 years. As someone who graduated from college and was looking at a career in small business, I never anticipated being in an elected office. So for me these last 12 years, although it was not something that I aspired to as a young person, I am grateful for the opportunity that I had to serve in this capacity.
I also need to thank my wife Jody and my three kids. I remember a conversation that my wife and I had before I ran for office, when she said, “You know, if you don’t do it, you will never know if you could have done it, or how good you would be at it.” So I think it was that conversation that the two of us had that one night while we were lying in bed that really propelled me onto the next step. I am grateful for the support that she has given me over the years. I am grateful for the support that my kids have offered me over the years. You know what it is like to take the bullets and the arrows, and sometimes we get hardened to the talk on talk radio and what is written about us in the newspapers, but it is our families, the kids, the wives and spouses who are often the most impacted by what is said and implied.
So for her grace under fire and for my children’s grace under fire, I just want to publicly say thank you to Jody and to my son Cory and my daughters Jenna and McKinsey. I have missed my share of family meals, and I have missed my share of swim meets and tennis matches and soccer games; those things I won’t get back, although I tried to make as many as I could, but for their grace and kindness over these last 12 years, I need to thank them.
I want to say thank you to my staff. Darin, whom you have seen on the floor with me for the last eight years, was my first hire when I came to this town. He has been a source of wisdom and counsel for me. I value his opinion. He has the rare combination of good political insight and good policy sense. I have valued his input into the decisions that my office has made since we got started 12 years ago. I respect him. He has become almost like a son to me, and if I could before I go any further, just give him one piece of gentle, fatherly advice: “This one’s the one; make it official already.”
To Jessica on my staff, she has been my counsel, my law advisor, my attorney; someone whom I stole from Senator Pappageorge’s office—with his blessings, I might add. When I was asked to chair the Judiciary Committee in the Senate, I felt like I needed someone to help keep me in line, keep me focused in the right direction, and so we decided to hire an attorney on staff, and she has been a big help to me. A good friend Senator Patterson often reminds me that words have meaning. In fact, he reminded me of it again today as we were having a conversation in the center aisle, and words used in specific instances have specific meaning. I needed someone on staff who could help me navigate the minefields of a committee full of attorneys, and she has done a good job with that. I want to thank her for the help, for her patience, for her persistence, and for her passion for her work.
Stephen DenBoer is my director of constituent relations. He is the one person, more than any of my other staff, responsible for my re-election to the Senate. Those of you who are here know that without a good constituent relations person, your job is next to impossible. Stephen over the years has done a remarkable job of getting answers for constituents, for getting issues resolved, and of all the hundreds of letters my office has received of thanks for work that we did. They were always made out to me, but I know that it was Stephen who deserved the credit for the work that was done on my behalf.
To Paula, one of the newest members of my staff, I need to thank her. She served as clerk for the Education Committee for the last couple of years. She is a detail-orientated person. She is neat. She is organized. Unfortunately, that did not rub off on the office next door to hers, but she is very well-organized and has done a lot of research for me over the last two years. I want to thank her for her work in keeping the Education Committee moving in the right direction.
Finally, I need to say thank you to Debbie and Marnie, the two people who occupied the front desk space in my office. Debbie is like the office mom, and Marnie is someone who came on staff as an unpaid intern, and we just couldn’t let her go because she was so good and so organized. So I want to thank both of them for their outstanding work. Debbie and I have had our go-arounds because she was also responsible for my schedule, and that can be kind of a tough position to be in sometimes. A special thanks to them as well.
I also feel like I need to say thanks to Carol and her staff in the Secretary of the Senate’s Office, to Mike Ferland and his staff in the sergeant at arms office. Their work sort of helped us do what we do here and make it a lot easier for us to do the work that we needed to do. Special thanks to the Legislative Service Bureau and those who are involved in the Senate Fiscal Agency for tracking down scores of information on our behalf.
Over the last number of months, I have been asked on more that one occasion, “What do you hope your legacy will be now that you are leaving elected office?” My answer is always the same. Legacies will be determined by other people looking at your record. I have never wanted to let the thought of a legacy govern what projects I took on or what work, what policy I spearheaded. I always tried to do what I thought was right and suffered the consequences that came along with that. As one who was on a recall list, I know what some of the consequences to our decisions can be. They are not always fun, but history will determine the success or failure of all of us here who have served over the last number of years.
Finally, let me just say thank you to each and every one of you. You have impacted my life in ways that you will never know. Many of you have been wise counsel to me. All of you have been my friends and trusted advisors. I have tried to take you down some paths that sometimes were not always very comfortable as we were moving toward doing things educationally that, I think, were important for the state of Michigan. For those of you who voted with me, I thank you for that. For those of you who opposed me, I thank you for that because you helped us refine the arguments and made the policy better.
So I will miss you all. I want you to know that I will be thinking of all of you. I know that we are about to engage, for many of us, in the next chapters in our lives and that is exciting; also a little nerve-racking, especially for those of us who don’t know what that chapter is going to look like yet. So I wish you all the best. Thank you again for giving me the wonderful privilege of serving with each of you.
In tribute to my colleague from East Lansing, I would ask, Mr. President, that we move the previous question.
Senator George’s statement is as follows:
We have all taken circuitous journeys to serve here, and now as I prepare to leave, I would like to recognize and thank some of those who made my visit possible. I am joined here today by some of my family and staff. You should know that I have a very skilled office with over 80 years of collective legislative experience. My office has had a special challenge because I worked in the hospital frequently when we were not in session. They had the added burden of covering for me and making me look good when I was not available. They did such a good job that some would actually conclude that I am most effective when I am not here.
I want to start by thanking my staff. Earlier today, we recognized Jill Costello who is retiring today after 20 years of legislative service. Jill has been my legislative director and has done a great job. My receptionist and scheduler has been Sue Armstrong. Sue, thank you for fixing my hair and making sure that I have time to get to the Y every day. I appreciate all of your help. Holly Nester has been in charge of my constituent work. As you all know, this is an important but sometimes a very trying task. Holly has always maintained her composure and is very patient. These qualities serve her well now because since coming into our office, she has had two sons which she didn’t come in with. Thank you, Holly, for taking on the difficult problems of my constituents and helping them. Jim Krone has been with me since the House. Jim is a very hard worker, and he has handled constituent work as well as special projects. Jim has brought maturity to our office and a Y chromosome, providing needed hormonal balance. Jim, I have truly enjoyed working with you on many of the special projects that we have worked on, especially the ones for the district. Deb Shields has been my district staff, where she has done a great job filling in for me at local meetings and other events that I have not been able to attend. We have an office where constituents simply walk in and tell her their woes. You can imagine what that would be like. She has always been on duty, and I thank you, Deb, for all your work. Sherry, who has been on the floor with me for the last eight years, she has been my chief of staff. We have worked together for a decade since we started in the House. She is the one who has really been the guiding light for me here in Lansing. You should know that for every good idea I have, I have a whole bunch of bad ideas. Sherry has spared you from hearing them. She has also shortened many of my speeches and totally eliminated others. She has done you a great service that you are just now realizing. Sherry, thank you for helping me through the labyrinth of Lansing. My colleagues, I am going to miss you all, but I will miss most working regularly with my office—Jill, Sue, Holly, Jim, Deb, and Sherry.
I also have some family with me today. As you know, I am originally from Flint. I am the oldest of seven children. My dad Bill is retired from Hurley Hospital. He still lives there. My mother and two younger brothers are buried there in Flint. I have a brother and two sisters who still live in the Flint area. They weren’t able to make it today. They have all helped in my campaigns in one fashion or another. Earlier this year, we lost my father-in-law, Gene Stasik, but we are joined today by my mother-in-law, Katie Stasik, from Jackson. Thank you for coming. Of course, Sandy, my wife, is here. We have three children. The oldest, Lauren, is in graduate school. Matt is in high school, hopefully, learning something today, but we are joined by my middle daughter Maria. I have to say that Maria is the bravest of our three children. In a family of Wolverines, she is the only Spartan and a very proud one at that. Maria was the one who helped me first in my campaign. I remember going door to door the very first time. It was probably over ten years ago, and we had our mittens and hats. She was the first to go out with me campaigning. All my children and my family had to participate in parades and go to events and debates and address envelopes. I thank them all for that.
Of course, many of you would know my wife Sandy. Sandy and I met while we were in college at U of M. She is the one who is really most responsible for me being here. She was the college Republican; she was the one who was interested in the affairs at-large while I was studying science. So she was the one who introduced me to the outside world. Sandy, thank you for starting me off on this path and accompanying me along this journey. Thank you to all of you and especially to you, Sandy.
I want to also thank you, colleagues, for what you have taught me. I have learned something from each and every one of you. I think that in life we come across many people, and we learn from them. Hopefully, each relationship makes us a little better, and surely that is something that I will take away with me. You have all taught me something, and if I had to summarize it, you have taught me the importance of having passion for a cause. You all have your own styles and your own ways of exuding that. You are all blessed with that energy and that passion. That is what brought you here. That is something that in my other job as a physician, we try to base our decisions on science and the best evidence, but often it is cold and calculating. I thank you for teaching me the importance of passion, energy, commitment, and patience in what can be done with those things and how powerful they are.
I want to thank the Senate staff, the policy staff from both parties, the Legislative Service Bureau, and the Senate Fiscal Agency for their professionalism and assistance in attempting to answer all of my questions. I think it is important that I recognize and thank the sergeants, the tour guides, and the Capitol facilities staff. I have been the Senate’s lead on the Capitol Committee for eight years. I have worked with them more closely than the rest of you have. I have gained a great appreciation for the work they do in creating a culture of respect for state government. Like banks and currency, government requires the confidence of the public in order to work. Maintaining our security, educating the public as they come through on tours, and preserving the Capitol; those are all necessary if the public is to retain its trust and confidence in our work. I thank particularly Mike Ferland and his staff for keeping us safe; Matt VanAcker and his tour guide staff for educating the public about state government; and Steve Benkovsky and his staff for their stewardship of the Capitol.
As we gaze about our chamber and admire their work, we know that we are joined by figures from Michigan’s past. We have Austin Blair, Michigan’s Civil War Governor from Jackson. On the other side, we have Lafayette, a Revolutionary War figure who was never actually in Michigan. They are here to remind us of the struggles of our people to achieve independence and to maintain a democratic government. We are also joined by Governor Henry Crapo from Flint and Russell Alger from Grand Rapids, Lewis Cass behind me, and Senator Eva Hamilton. They teach us or remind us that we are but participants in a grand process of self-government; a government that has survived invasions, depressions, natural disasters, epidemics, and wars. Now our government is again being tested; this time by a great economic recession. The challenge for those who follow is to re-evaluate what state government can now afford to do given the economic reality that we face. The challenge is to review the promises that were made by government—commitments to provide health care services, education, and maintain the state’s infrastructure. These promises can’t be undone, but they need to be reviewed in order to meet the reality of the times. In order for government to work, it must remain fiscally solvent.
So I wish returning members, those replacing us, and the new administration God’s speed in the difficult task ahead. I have enjoyed serving with you all and wish you all the best.
Senator Brown’s statement is as follows:
You know, we use the words “good friend” and “honored colleague” oftentimes too lightly, and we take the terms for granted, but the previous speaker, my good friend—and I say this with affection—from Kalamazoo is a hard act to follow; deeply appreciate his good words.
Mr. President, there are as many ways to say farewell as there are languages that give voice to our highest thoughts and deepest emotions. But there is only one way to express farewell that is true to the singular experience of the time we have shared together in a place like this, and that is with affection for the bonds of friendship that will remain far beyond our service here in the chamber. We have all been given a rare privilege of the trust of a free people to serve them with sworn fidelity to our State and Federal Constitutions. And it is no coincidence that both documents begin with the same words, “We, the People.” The framers didn’t want us to forget. We stand in a chamber dedicated to the principles of those documents of freedom.
Before us is a painting of Michigan’s beloved Governor Austin Blair, and behind us, territorial Governor Lewis Cass. Both men stand sentinel in this chamber to remind us to honor the responsibility given to us to be good stewards of the people’s trust as they were good stewards of the people’s trust. If we could visualize a reverse time-lapsed film of Michigan, we would start from this present moment and go back in time, past the heyday of Motown Records and the Detroit auto industry, past the massive munitions production that placed Michigan front and center as the Arsenal of Democracy, on past Governor Blair’s call for Michigan troops to help defend the Union at a time of great peril, all the way back to a lone voyager plying the waters of the Great Lakes pondering the tremendous possibilities of this vast expanse of land and water. We stand on the shoulders of that early pioneer and the many others who followed. The air they breathe is the same air we breathe. The hopes and dreams they envisioned; we have realized how grateful we must be to be a part of the rich legacy that is Michigan.
To my wife Helen, who sends her best wishes, I want to express my gratitude for the incredible patience and support, especially during the many challenges of the past two years. For my own Senate staff, I am deeply and forever grateful starting with Ben Bodkin, Jean Laimon, and Nancy Jenkins, and soon followed by Matt Sweeney, Kendra Everett, who is watching via TV remotely in Colorado, and Alison Keilen. They are to be highly commended. They are among the very best, and during the course of our eight years together, Ben has moved on to larger circles of influence within our state as part of the Michigan Association of Counties team. Jean Laimon has been able, on her own time, to study for the ministry and be ordained a Methodist minister. Nancy Jenkins just won her election as an incoming freshman State Representative. Matt Sweeney met Evie Zoyce, and the rest and their lives are history. Matt, I remember meeting Evie in the Appropriations Committee, and I think I may have said to him, “If I were a younger man, I would be knocking on her door.” Kendra Everett met Scott Everett, and now they are blessed with the most beautiful little girl. Alison Keilen has been able to graduate during this period of time and has gone on to peruse, again on her time, her discipline and talent in music.
To the Senate Majority Communications team, especially Lauren Leeds, Kendall Wingrove, Kara Butters, Pattrick Yockey, and Steve Ewers, thank you. To Mr. Fred Hall and his talented and tireless Senate Majority Policy Office team, past and present, including Mike O’Brien, Jamie Clover Adams, Shelly Edgerton, Anne Blankenhorn, Bob Wilson, Paul Connors, Tom Davis, John Long, Beth Clement, Karyn Ferrick, Johnathon Schmidt, Colleen Curtis, Fred Schaible, Phil Hendges, Howard Ryan, and others, thank you.
To director Ellen Jefferies and former director Mr. Gary Olson and their knowledgeable and helpful Senate Fiscal Agency team, including Mr. Bruce Baker, Bill Bowerman, Steve Angelotti, Dave Fosdick, David Zin, Kathryn Cody Summers, Joe Carrasco, and many more, thank you.
To Senate Secretary Carol Viventi and her most capable staff, thank you. To Mike Ferland, his staff of sergeants, thank you; job well done. To the Capitol Tours and Information Services, especially Matt VanAcker, thank you.
And now to our Senate Majority Leader and to Senate colleagues one and all, thank you for your friendship, for your cooperation, for the many gifts and talents you have shared with all of us, and for the lessons you have taught each one of us—thank you.
When the astronauts looked down on North America from outer space, they easily recognized the peninsular geography of Michigan jetting out into the largest body of fresh water on the planet. The Lower Peninsula appears like an open hand of welcome waiving a friendly hello above the terrain of America. In that same spirit of friendship that is the trademark of Michigan, I extend my own hi and bye. May the God who has given us the liberty and freedom give you peace and encouragement for the days ahead. I wish you Godspeed. I bid you all a fond farewell.
Scheduled Meetings
Appropriations -
Subcommittee -
Retirement - Wednesday, December 1, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768)
Commerce and Tourism - Wednesday, December 1, and Thursday, December 2, 9:00 a.m., Room 100, Farnum Building (373-2413)
Senator Cropsey moved that the Senate adjourn.
The motion prevailed, the time being 2:20 p.m.
The President pro tempore, Senator Richardville, declared the Senate adjourned until Wednesday, December 1, 2010, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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