No. 23
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2011
Senate Chamber, Lansing, Thursday, March 10, 2011.
10:00 a.m.
The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.
The roll was called by the Secretary of the Senate, who announced that a quorum was present.
Anderson—present Hood—present Pappageorge—present
Bieda—present Hopgood—excused Pavlov—present
Booher—present Hune—present Proos—present
Brandenburg—present Hunter—present Richardville—present
Casperson—present Jansen—present Robertson—present
Caswell—excused Johnson—present Rocca—present
Colbeck—present Jones—present Schuitmaker—present
Emmons—present Kahn—present Smith—present
Gleason—present Kowall—present Walker—present
Green—present Marleau—present Warren—present
Gregory—present Meekhof—present Whitmer—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Father Leo Lulko of Church of the Holy Spirit of Highland Township offered the following invocation:
God, our Father, we acknowledge You as our Supreme Being, Creator of all blessings in Your own image, Master of all that is seen and unseen, slow to condemn, and abundant in mercy. You take delight in all people because we belong to You. You have given us life. You have set forth the path of this beloved state of Michigan. From all eternity, from the beginning of time, You have called our state by name. You have known personally our founding fathers. You have rejoiced in every step of development. You have grieved over every sad downturn.
Father, You know the people of Michigan—strong, resilient, hopeful, never overcome by misfortunes. Today, Lord, we are those people. We are their representatives sworn to contribute to the well-being of every citizen born and unborn.
You have placed the future of our state in the hands of fragile men and women, this august body chosen by their peers. What a responsibility. We cannot do this task of governance on our own. We need help. We need Your help. We need Your wisdom, a wisdom that penetrates the darkness of one-sidedness; a wisdom that suffuses light into cooperative discussion; the wisdom that balances fiscal need with compassion and understanding.
Lord, I know that this is a lot to ask for, but You can fulfill every desire. And so I ask You to bless these responsible, good-hearted legislators with the ability of choosing well the path that will best serve our citizens. Let the atmosphere here be one of peace and genuine respect. Lord, we believe that all things are possible with You. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Hood entered the Senate Chamber.
Senator Meekhof moved that Senator Caswell be excused from today’s session.
The motion prevailed.
Senator Hunter moved that Senators Johnson and Young be temporarily excused from today’s session.
The motion prevailed.
Senator Hunter moved that Senator Hopgood be excused from today’s session.
The motion prevailed.
The Secretary announced that the following official bills were printed on Wednesday, March 9, and are available at the legislative website:
Senate Bill Nos. 231 232 233 234 235 236 237 238 239 240 241 242 243 244
245 248
House Bill Nos. 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397
Messages from the Governor
The following message from the Governor was received:
Date: March 8, 2011
Time: 2:43 p.m.
To the President of the Senate:
Sir—I have this day approved and signed
Enrolled Senate Bill No. 122 (Public Act No. 1), being
An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 8801, 8802, 8805, 8806, and 8807 (MCL 324.8801, 324.8802, 324.8805, 324.8806, and 324.8807), as added by 1998 PA 287, and by adding section 3109d.
(Filed with the Secretary of State on March 9, 2011, at 9:41 a.m.)
Respectfully,
Rick Snyder
Governor
The following message from the Governor was received and read:
March 2, 2011
I respectfully submit to the Senate the following appointments to office:
Michigan Board of Medicine
Jamie B. Frain of 8380 Baileau Oaks Drive, S.E., Grand Rapids, Michigan 49301, county of Kent, succeeding Nathaniel Smith-Tyge, for a term expiring December 31, 2014.
Cynthia Jo Pasky of 200 Riverfront Drive, #24 K, Detroit, Michigan 48226, county of Wayne, succeeding Michael Kirk Helmer, for a term expiring December 31, 2013.
Meghan M. Riley of 7500 Old Lantern Drive, Caledonia, Michigan 49316, county of Kent, representing physician assistants, succeeding William Hartley Finn, for a term expiring December 31, 2014.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
Messages from the House
Senate Bill No. 149, entitled
A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 7a and 17 (MCL 252.307a and 252.317), section 7a as amended by 2010 PA 350 and section 17 as amended by 2009 PA 86.
The House of Representatives has amended the bill as follows:
1. Amend page 5, line 22, after “reason,” by inserting “OR IF THE OWNER OF A SIGN THAT MEETS THE REQUIREMENTS OF SECTION 17(9) APPLIES FOR A PERMIT BEFORE JULY 1, 2011,”.
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
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. 56 Yeas—32
Anderson Green Kahn Proos
Bieda Gregory Kowall Richardville
Booher Hansen Marleau Robertson
Brandenburg Hildenbrand Meekhof Rocca
Casperson Hune Moolenaar Schuitmaker
Colbeck Hunter Nofs Smith
Emmons Jansen Pappageorge Walker
Gleason Jones Pavlov Whitmer
Nays—2
Hood Warren
Excused—4
Caswell Hopgood Johnson Young
Not Voting—0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
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
General Orders
Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Jansen as Chairperson.
After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No. 4158, entitled
A bill to regulate certain pricing of consumer items and the advertising of consumer items, goods, merchandise, and commodities; to prescribe the powers and duties of certain state and local officials; to provide remedies and penalties; to make appropriations; and to repeal acts and parts of acts.
The bill was placed on the order of Third Reading of Bills.
During the Committee of the Whole, Senators Johnson and Young entered the Senate Chamber.
Resolutions
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 22
Senate Resolution No. 23
The resolution consent calendar was adopted.
Senators Whitmer, Hunter, Proos, Brandenburg, Bieda, Nofs, Schuitmaker, Gleason, Hansen and Marleau offered the following resolution:
Senate Resolution No. 22.
A resolution recognizing March 16, 2011, as Susan G. Komen for the Cure Advocacy Day.
Whereas, Founded in 1982 by Nancy G. Brinker, Komen for the Cure is the world’s largest grassroots network fighting to end breast cancer. The association is sustained by more than 100,000 breast cancer survivors and activists in over 120 cities and communities; and
Whereas, In the United States, a woman receives a diagnosis of breast cancer every three minutes. It is anticipated in 2011 that more than 200,000 new cases of invasive breast cancer will occur among women, and nearly 40,000 women will succumb to the disease. In addition, it is anticipated that almost 2,000 cases of breast cancer will be diagnosed among men; and
Whereas, Without a cure, 1 in 8 women in the United States will be diagnosed with breast cancer. Moreover, the next quarter century will see an estimated 5 million American women and 25 million women worldwide diagnosed with breast cancer, and more than a million women and some 10 million women worldwide could die; and
Whereas, Susan G. Komen for the Cure has invested nearly $2 billion to date into its goal of eradicating this devastating disease. Up to 75 percent of net income of each Komen Affiliate in the United States is dedicated to fighting breast cancer in the local community, with grants being awarded to provide breast health education and breast cancer screening and treatment programs in the area. The remaining net income, a minimum of 25 percent, supports the Komen Award and Research Grant Programs, which fund groundbreaking breast cancer research, meritorious awards, and educational and scientific programs around the world; and
Whereas, Susan G. Komen for the Cure has played a critical role in the struggle against breast cancer, contributing to such achievements as an increased rate of early detection, more research, and a greatly improved five-year survival rate. Today, 2.5 million breast cancer survivors in the United States attest to the power of social action and science to save lives; and
Whereas, Breast cancer touches the lives of thousands of individuals across the Great Lakes State, and Susan G. Komen for the Cure is to be commended for the vision, passion, and tenacity it brings to its vital mission; now, therefore, be it
Resolved by the Senate, That the members of this legislative body recognize March 16, 2011, as Susan G. Komen for the Cure Advocacy Day in Michigan. We extend to all those associated with the group sincere appreciation for their commitment to this important cause; and be it further
Resolved, That a copy of this resolution be transmitted to the Mid-Michigan Affiliate of Susan G. Komen for the Cure with our highest esteem.
Senators Hildenbrand, Jones, Pappageorge, Richardville, Rocca and Warren were named co‑sponsors of the resolution.
Senator Gregory offered the following resolution:
Senate Resolution No. 23.
A resolution to declare March 14-18, 2011, as Multiple Sclerosis Awareness Week in the state of Michigan.
Whereas, Multiple sclerosis can impact men and women of all ages, races, and ethnicities; and
Whereas, More than 400,000 Americans live with multiple sclerosis. Every hour of every day, someone in the United States is newly diagnosed with multiple sclerosis. Approximately 18,000 Michigan residents have been diagnosed with multiple sclerosis; and
Whereas, The exact cause of multiple sclerosis is still unknown, and the symptoms are unpredictable and vary from person to person; and
Whereas, There is no diagnostic laboratory test available for multiple sclerosis; and
Whereas, Multiple sclerosis is not genetic, contagious, or directly inherited, but studies show there are genetic factors that indicate certain individuals are susceptible to the disease; and
Whereas, Multiple sclerosis symptoms occur when an immune system attack affects the myelin in nerve fibers of the central nervous system, damaging or destroying it and replacing it with scar tissue, thereby interfering with or preventing the transmission of nerve signals; and
Whereas, There is no known cure for multiple sclerosis; and
Whereas, The goals of Multiple Sclerosis Awareness Week are to invite people to join the movement to end multiple sclerosis; encourage everyone to do something to demonstrate their commitment to moving toward a world free of multiple sclerosis; and to acknowledge those who have dedicated their time and talent to help promote multiple sclerosis research and programs; now, therefore, be it
Resolved by the Senate, That the members of this legislative body hereby declare March 14-18, 2011, as Multiple Sclerosis Awareness Week in the state of Michigan, and we support the goals and ideals of Multiple Sclerosis Awareness Week; and be it further
Resolved, That media organizations are encouraged to participate in Multiple Sclerosis Awareness Week, and help educate the public about multiple sclerosis; and be it further
Resolved, That we recognize and reaffirm the commitment of the National Multiple Sclerosis Society to combat multiple sclerosis by promoting awareness about its causes and risks and by promoting new education programs, supporting research, and expanding access to medical treatment; and be it further
Resolved, That members of this legislative body recognize all people in Michigan living with multiple sclerosis and express gratitude to their family members and friends who are a source of love and encouragement to them. We also salute the health care professionals and medical researchers who provide assistance to those so afflicted and continue to work to find cures and improve treatments; and be it further
Resolved, That copies of this resolution be transmitted to the National Multiple Sclerosis Society, Michigan Chapter.
Senator Meekhof moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.
The motion prevailed, a majority of the members serving voting therefor.
Introduction and Referral of Bills
Senator Meekhof introduced
Senate Bill No. 254, entitled
A bill to require verification that public contracts are performed by employees who are entitled to work in the United States; to prohibit an employer from discharging certain employees while employing an illegal alien; to prescribe acceptable methods for verifying legal presence in the United States; to condition the eligibility of employers to perform certain public contracts on participation in the federal immigrant verification system; to create duties and responsibilities for certain state and local departments, agencies, and officers; to require promulgation of rules; and to provide civil remedies and criminal penalties.
The bill was read a first and second time by title and referred to the Committee on Economic Development.
Senator Meekhof introduced
Senate Bill No. 255, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1019 (MCL 339.1019), as amended by 1992 PA 253.
The bill was read a first and second time by title and referred to the Committee on Economic Development.
Senators Bieda, Robertson, Jones and Gleason introduced
Senate Bill No. 256, entitled
A bill to amend 1956 PA 205, entitled “The paternity act,” by amending sections 1, 4, and 6 (MCL 722.711, 722.714, and 722.716), sections 1 and 6 as amended by 2000 PA 31 and section 4 as amended by 1998 PA 113.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Meekhof introduced
Senate Bill No. 257, entitled
A bill to amend 1887 PA 128, entitled “An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act,” by amending section 2 (MCL 551.102), as amended by 2006 PA 578.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Jones introduced
Senate Bill No. 258, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:34 a.m.
10:52 a.m.
The Senate was called to order by the President, Lieutenant Governor Calley.
By unanimous consent the Senate returned to the order of
General Orders
Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Jansen as Chairperson.
After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
Senate Bill No. 206, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2008 PA 538.
The bill was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 188, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 2, 3, 4, 4a, 5, 5a, and 5b (MCL 28.722, 28.723, 28.724, 28.724a, 28.725, 28.725a, and 28.725b), section 2 as amended by 2005 PA 301, section 3 as amended by 1999 PA 85, section 4 as amended by 2004 PA 240, section 4a as amended and section 5b as added by 2004 PA 237, section 5 as amended by 2006 PA 402, and section 5a as amended by 2005 PA 322, and by adding section 3a.
Substitute (S-4).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 189, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 6, 7, 8, 8c, 8d, 9, and 10 (MCL 28.726, 28.727, 28.728, 28.728c, 28.728d, 28.729, and 28.730), section 6 as amended by 1996 PA 494, section 7 as amended by 2004 PA 237, section 8 as amended and sections 8c and 8d as added by 2004 PA 240, section 9 as amended by 2005 PA 132, and section 10 as amended by 2006 PA 46, and by adding section 8a; and to repeal acts and parts of acts.
Substitute (S-4).
The following are the amendments to the substitute recommended by the Committee of the Whole:
1. Amend page 4, line 6, after “PRIVATE” by striking out “SECONDARY” and inserting “POSTSECONDARY”.
2. Amend page 26, following line 6, by inserting:
“(16) THE COURT SHALL NOT GRANT A PETITION FILED UNDER SUBSECTION (15)(A), (B), (C), OR (D) IF THE COURT DETERMINES THAT THE INDIVIDUAL IS A CONTINUING THREAT TO THE PUBLIC. IN MAKING THE DETERMINATION, THE COURT SHALL CONSIDER ALL OF THE FOLLOWING FACTORS AND PLACE ITS FINDINGS ON THE RECORD:
(A) THE INDIVIDUAL’S AGE AND LEVEL OF MATURITY AT THE TIME OF THE OFFENSE.
(B) THE VICTIM’S AGE AND LEVEL OF MATURITY AT THE TIME OF THE OFFENSE.
(C) THE NATURE OF THE OFFENSE.
(D) THE SEVERITY OF THE OFFENSE.
(E) THE INDIVIDUAL’S PRIOR JUVENILE OR CRIMINAL HISTORY.
(F) THE INDIVIDUAL’S LIKELIHOOD TO COMMIT FURTHER LISTED OFFENSES.
(G) ANY IMPACT STATEMENT SUBMITTED BY THE VICTIM UNDER THE WILLIAM VAN REGENMORTER CRIME VICTIM’S RIGHTS ACT, 1985 PA 87, MCL 780.751 TO 780.834, OR UNDER THIS SECTION.
(H) ANY OTHER INFORMATION CONSIDERED RELEVANT BY THE COURT.” and relettering the remaining subdivision.
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:
Senate Bill No. 188
Senate Bill No. 189
Senate Bill No. 206
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
Senate Bill No. 188, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 2, 3, 4, 4a, 5, 5a, and 5b (MCL 28.722, 28.723, 28.724, 28.724a, 28.725, 28.725a, and 28.725b), section 2 as amended by 2005 PA 301, section 3 as amended by 1999 PA 85, section 4 as amended by 2004 PA 240, section 4a as amended and section 5b as added by 2004 PA 237, section 5 as amended by 2006 PA 402, and section 5a as amended by 2005 PA 322.
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. 57 Yeas—36
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Gleason Johnson Pavlov Whitmer
Green Jones Proos Young
Nays—0
Excused—2
Caswell Hopgood
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senators Booher, Gleason, Hansen, Hune, Hunter, Jansen, Johnson, Kahn, Kowall, Marleau, Meekhof, Schuitmaker and Warren were named co‑sponsors of the bill.
The following bill was read a third time:
Senate Bill No. 189, entitled
A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 6, 7, 8, 8c, 8d, 9, and 10 (MCL 28.726, 28.727, 28.728, 28.728c, 28.728d, 28.729, and 28.730), section 6 as amended by 1996 PA 494, section 7 as amended by 2004 PA 237, section 8 as amended and sections 8c and 8d as added by 2004 PA 240, section 9 as amended by 2005 PA 132, and section 10 as amended by 2006 PA 46, and by adding section 8a; and to repeal acts and parts of acts.
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. 58 Yeas—36
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Gleason Johnson Pavlov Whitmer
Green Jones Proos Young
Nays—0
Excused—2
Caswell Hopgood
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. 206, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2008 PA 538.
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. 59 Yeas—36
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hune Moolenaar Smith
Colbeck Hunter Nofs Walker
Emmons Jansen Pappageorge Warren
Gleason Johnson Pavlov Whitmer
Green Jones Proos Young
Nays—0
Excused—2
Caswell Hopgood
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Statements
Senators Whitmer, Warren and Gregory asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Whitmer’s statement is as follows:
When I first ran for office ten years ago, I talked to a gentleman by the name of Lynn Jondahl. Probably many of you have never heard of him, but he was a State Representative for over twenty years. He was a tax guru in the state of Michigan during his time in the Legislature.
One of his observations to me was that living so close to the Capitol, there were upsides and downsides. One of the upsides was that you are expected to attend every event in the district, every night, because you can never say you are at the Capitol for the week. One of the great upsides is that I do get to go home every single night, which not all of you get to do, especially on late nights here.
With that being said, on Tuesday, I attended my daughters’ parent-teacher conferences. I have been thinking about those conferences ever since. It’s not because I got bad reports. To the contrary, I got better reports than my parents ever received, although my kids can be a little talkative, apparently. I am sure that surprises you.
But with the Governor’s proposed budget, I know that schools in our districts are worried. They are worried about what the $715 cut per pupil will do to our schools. They are wondering if the class sizes are going to be increased upwards of 35 students per class. Will we have to decrease the numbers at my school where we have three classes per grade to two? What will these changes do to the education our students receive?
I believe these draconian cuts will cripple our education system. With the rising cost of retirement, on top of the $300 per‑pupil cut, schools will be operating with, according to the Associated Press, $715 per pupil less than they had last year. That’s a 10 percent cut on top of a decade’s worth of cuts. How the heck are we going to churn out the innovators that the Governor keeps talking about if he slashes our education budget?
I’ve read that the Governor’s kids attend a very nice private school and that he probably hasn’t spent much time in our public schools. As a mother of a second- and third-grader, I have. If we want to close the global gap in education, we have to invest in infrastructure, technology, and a curriculum that promotes critical thinking.
My kids attend Donley Elementary School here in East Lansing. It is the most socio-economically diverse school here in East Lansing. While it doesn’t hold a candle to the challenges of many districts in our state, there are many kids who get their only square meal of the day at school. I don’t need a study or a metric to tell you that a 10 percent cut to our schools will be devastating; to many, it will be bankrupting.
So let’s be thoughtful about what these cuts will do to our students or our children’s education. With more students per class and less classes to go around, if the budget that the Governor proposes is enacted as proposed, it will be devastating to our kids and education in the state of Michigan. I have always believed that you cannot talk about moving all of Michigan forward if you are willing to leave our kids behind.
Senator Warren’s statement is as follows:
I rise today to speak about the importance of the commitments that we, as a state, make. Many of you have had a chance to read the quote in MIRS yesterday from Tricia Kinley stating that the Michigan Chamber of Commerce believes that it is imperative that the state honors our commitments. As a sidebar, yesterday was my friend Tricia Kinley’s birthday, so when you see her, say happy birthday.
Her comment was made in reference to keeping the tax credits promised to businesses under the Michigan business tax. Shouldn’t that promise also apply to Michigan’s working families? To our seniors? To our children? Yesterday, this chamber voted to allow emergency managers to break existing contracts for labor and services. Contracts that were duly negotiated by local governments are now on the chopping block. Working men and women should be able to trust that when contracts are negotiated in good faith, those promises will be kept.
Governor Snyder’s budget recommendation to this body includes a significant tax relief for our state’s businesses, while significantly reducing support to our K-12 schools and universities, our municipalities, and the programs that protect our precious natural resources. We need to carefully examine our priorities and ensure that we are not mortgaging our state’s future to provide tax breaks for businesses.
If we are serious about reform, we will review all of the state’s obligations, not just those made to working men and women. All tax expenditures, including tax credits for businesses, must be scrutinized as well. If there is a particular tax exemption or tax expenditure or credit that is efficient and works, that creates jobs and betters our communities, then we should vote to continue them. If there is one that is outdated and not working, it should be reviewed and amended or completely repealed.
Transparency and accountability need to be valued by this Legislature, and I hope my colleagues will join me in supporting the thoughtful review of each and every contract and tax giveaway that is on the books today. Let’s not just pay lip service to shared sacrifice. Let’s open the books and do a thorough review.
Senator Gregory’s statement is as follows:
I just wanted to offer a thanks to you today. We passed Senate Resolution No. 23 for Multiple Sclerosis Awareness Week. I just want to thank you for joining in. I have received a lot of support. Many of my colleagues came over and spoke to me about it, telling me they were in support of this.
I want to just take a few minutes to let you know that Multiple Sclerosis Week is March 14-18. Multiple sclerosis affects more than 400,000 people in the United States; 18,000 here in the state of Michigan. The causes are still unknown. There is no cure for multiple sclerosis, and there is no diagnostic laboratory test available for multiple sclerosis. Symptoms occur when an immune system attack affects the myelin in the nerve filters of the central nervous system, damaging or destroying it and replacing it with scar tissue, thereby interfering with or preventing the transmitting of nerve signals. There is no known cure for multiple sclerosis.
The reason this is significant and important to me is that one year ago, my son passed away from multiple sclerosis. He was 37 years old and had it since he was 21 years old. We watched him go from a young man who was as tall as I am, six foot three inches, and about 190 pounds down to about 100 pounds during the time period that multiple sclerosis took him down. We watched him go from someone who was very active to someone who couldn’t walk anymore, was in a wheelchair, and then ultimately lead to the loss of his life.
So this was very important to me, and again, I want to thank my colleagues for joining in this resolution. So thank you so much.
By unanimous consent the Senate returned to the order of
Introduction and Referral of Bills
Senators Jones, Casperson and Schuitmaker introduced
Senate Bill No. 259, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7212 (MCL 333.7212), as amended by 2010 PA 171.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Whitmer, Hunter, Bieda, Schuitmaker, Gleason, Anderson, Warren, Smith and Hood introduced
Senate Bill No. 260, entitled
A bill to prescribe the missing senior or vulnerable adult alert as the official response to reports of certain missing persons; to provide for the broadcast of information regarding those incidents; and to provide for certain civil immunity.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Hunter introduced
Senate Bill No. 261, 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,” (MCL 28.1 to 28.16) by adding section 17.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Hunter introduced
Senate Bill No. 262, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411w.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Rocca, Robertson, Nofs, Colbeck, Hildenbrand, Smith, Bieda, Hunter, Hune, Proos, Kowall, Emmons, Brandenburg, Hansen, Moolenaar, Schuitmaker, Young, Green, Marleau and Casperson introduced
Senate Bill No. 263, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 333.17902 (MCL 333.17902), as added by 2006 PA 54.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Human Services submitted the following:
Meeting held on Wednesday, March 9, 2011, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Caswell (C), Jansen, Proos and Gregory
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Joint meeting held on Wednesday, March 9, 2011, at 3:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Pavlov (C), Emmons, Colbeck and Young
Excused: Senator Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on K-12, School Aid, Education submitted the following:
Joint meeting held on Wednesday, March 9, 2011, at 3:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Walker (C) and Pappageorge
Excused: Senators Caswell and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Transportation submitted the following:
Meeting held on Wednesday, March 9, 2011, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Pappageorge (C) and Anderson
Excused: Senator Colbeck
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Higher Education submitted the following:
Meeting held on Wednesday, March 9, 2011, at 3:30 p.m., Room 100, Farnum Building
Present: Senators Schuitmaker (C) and Hood
Excused: Senator Walker
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Meeting held on Thursday, March 10, 2011, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Casperson (C), Pavlov, Green, Kowall, Warren and Hood
Excused: Senator Meekhof
COMMITTEE ATTENDANCE REPORT
The Committee on Agriculture submitted the following:
Meeting held on Thursday, March 10, 2011, at 9:05 a.m., Room 110, Farnum Building
Present: Senators Hune (C), Booher, Emmons, Hansen and Gleason
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural Development - Tuesday, March 15, 3:00 p.m., Room 210, Farnum Building (373-2768)
Community Health Department - Wednesdays, March 16 and March 23, 1:00 p.m., Rooms 402 and 403, Capitol Building; and April 13, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Environmental Quality Department - Thursday, March 17, 12:30 p.m., Room 100, Farnum Building (373-2768)
General Government - Tuesdays, March 15, March 22 and April 12, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Higher Education - Wednesdays, March 16, March 23 and March 30, 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Human Services Department - Thursdays, March 17, March 24 and April 14, 2:30 p.m., Room 210, Farnum Building; and Tuesday, March 29, and Thursday, March 31, 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Natural Resources Department - Tuesdays, March 15 (CANCELED) and March 22, 2:00 p.m., Room 405, Capitol Building (373-2768)
Retirement - Tuesday, March 15, 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
State Police and Military Affairs - Thursday, March 17, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) (CANCELED)
Transportation - Wednesdays, March 16, March 23 and April 13, 3:00 p.m. or later immediately following the Appropriations Committee meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Energy and Technology - Tuesday, March 15, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307)
Natural Resources, Environment and Great Lakes and House Natural Resources, Tourism, and Outdoor Recreation - Thursday, March 17, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5323)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 11:28 a.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, March 15, 2011, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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