No. 14
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2012
Senate Chamber, Lansing, Wednesday, February 15, 2012.
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—present Pavlov—present
Booher—present Hune—present Proos—present
Brandenburg—present Hunter—present Richardville—present
Casperson—present Jansen—present Robertson—present
Caswell—present Johnson—present Rocca—present
Colbeck—present Jones—present Schuitmaker—present
Emmons—present Kahn—present Smith—present
Gleason—present Kowall—present Walker—present
Green—present Marleau—present Warren—present
Gregory—present Meekhof—present Whitmer—present
Hansen—present Moolenaar—present Young—present
Hildenbrand—present Nofs—present
Pastor Steve Patrick of Grace Church of Gladstone offered the following invocation:
O Lord, our Lord, how majestic is Your name in all the earth. You are an awesome God, and we are humbled at even the thought of You. We are humbled by Your greatness, the fact that You are eternal, You are holy and righteous, and You are gracious and merciful. Indeed we are humbled at the very thought of You. We are also grateful for how You watch over us and provide for us at every turn.
We come before You today asking for Your wisdom and for Your grace to be poured out into our lives. We are thankful for the men and women of the Senate in the state of Michigan—for the work that they do and the sacrifice that they make for each of us. Might You guide them as they deliberate today. Might you go before each one providing as only You can.
We lift up our hearts in praise to You, and we give You all thanks in the name of Jesus Christ. Amen.
The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Pappageorge, Green and Johnson entered the Senate Chamber.
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senate Bill No. 525, entitled
A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5l (MCL 28.425l), as amended by 2008 PA 406.
The House of Representatives has passed the bill and ordered that the bill be given immediate effect.
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.
Senator Meekhof moved that consideration of the following bill be postponed for today:
Senate Bill No. 291
The motion prevailed.
House Bill No. 4369, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as amended by 2011 PA 108.
(For text of amendments, see Senate Journal No. 88 of 2011, p. 2516.)
The question being on concurring in the House amendments made to the Senate substitute,
Senator Marleau offered the following amendment to the amendments:
1. Amend House Amendment No. 1, page 3, line 13, after “2015,”” by inserting “and inserting “UNTIL DECEMBER 31, 2016,””.
The amendment to the amendments was adopted.
The question being on concurring in the House amendments, as amended,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 79 Yeas—38
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: President
Senate Bill No. 534, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811t.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
Senator Whitmer offered the following amendments to the substitute:
1. Amend page 1, line 1, after “811T.” by inserting “(1)”.
2. Amend page 1, following line 8, by inserting:
“(2) THE FUND-RAISING PLATE ISSUED UNDER SUBSECTION (1) MAY BE REFERRED TO AS THE “JOHN J. GLEASON GIFT OF LIFE PLATE”.”.
The amendments to the substitute were adopted.
The question being on concurring in the House substitute, as amended,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No. 80 Yeas—38
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: 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.
Senator Whitmer asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Whitmer’s statement is as follows:
This amendment would state that the fundraising license plate created under this section would be referred to as the John J. Gleason Gift of Life plate. As many of you know, in 2001, Senator Gleason received a kidney from his sister Rita. Since his transplant, he has been a passionate and outspoken supporter for organ donation awareness across our state. He had legislation passed that added the heart to the front on your driver’s license to signify that you are an organ donor; an organization that added organ donation awareness to the driver’s education curriculum.
Senator Gleason first introduced this piece of legislation back in 2003, and for nearly a decade, he has worked to get this bill passed. The Senator has been a great champion for the issue of organ donation awareness, and he has helped positively impact hundreds if not thousands of lives not only here in Michigan, but across the country with his commitment to informing others about the importance of organ donation.
I, therefore, would respectfully ask for your support of this amendment and to have it be acknowledged as the John J. Gleason Gift of Life plate.
Third Reading of Bills
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 744
House Bill No. 4978
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 744, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 1307 (MCL 324.1307), as amended by 2011 PA 236.
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. 81 Yeas—38
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4978, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 811k (MCL 257.307 and 257.811k), section 307 as amended by 2011 PA 159 and section 811k as amended by 2006 PA 298, and by adding section 811s; 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. 82 Yeas—38
Anderson Gregory Kahn Richardville
Bieda Hansen Kowall Robertson
Booher Hildenbrand Marleau Rocca
Brandenburg Hood Meekhof Schuitmaker
Casperson Hopgood Moolenaar Smith
Caswell Hune Nofs Walker
Colbeck Hunter Pappageorge Warren
Emmons Jansen Pavlov Whitmer
Gleason Johnson Proos Young
Green Jones
Nays—0
Excused—0
Not Voting—0
In The Chair: 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.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.
The Senate agreed to the full title.
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 Pavlov 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 bills:
Senate Bill No. 602, entitled
A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 9b.
Senate Bill No. 603, entitled
A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2010 PA 195 and by adding section 3j.
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:
Senate Bill No. 779, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 225.
Substitute (S-3).
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. 780, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321.
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 a substitute therefor, the following bill:
Senate Bill No. 781, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2005 PA 106.
Substitute (S-3).
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. 874, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 501 (MCL 436.1501), as amended by 2006 PA 547.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
Resolutions
Senator Meekhof moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 34
Senate Resolution No. 67
Senate Resolution No. 97
The motion prevailed.
Senators Bieda, Kowall and Gleason offered the following resolution:
Senate Resolution No. 117.
A resolution commemorating the end of the war in Iraq.
Whereas, The last American combat troops have left Iraq, thus signaling the conclusion to nine years of war. This conflict has been costly for all Americans. Some paid more than others. Out of the 4,484 Americans that lost their lives overseas, 182 were from the great state of Michigan. Today we honor all, but specifically Michigan’s sons and daughters who paid the ultimate price. These brave men and women died in defense of global freedom. These heroes of Michigan, who they are, what they stood for, and the sacrifice they made will not be forgotten. Michigan has suffered a great loss in their passing, a loss that cannot even begin to be fully understood. Today we thank the following Michiganders for their heroic sacrifice:
Aaron C. Elandt Donald N. Davis Michael D. Elledge
Aaron D. Jagger Donald R. McCune II Michael F. Pedersen
Adam M. Wenger Donald L. Wheeler Michael P. Hodshire
Adam Malson Douglas Stone Michael W. Hanks
Adrian J. Butler Duane J. Dreasky Minhee (Andy) Kim
Al’Kaila T. Floyd Edward E. Jack Nicholas A. Miller
Alan Blohm Eric T. Burri Nicholas H. Blodgett
Alexander J. Kolasa Eugene H.E. Alex Nicholas J. Greer
Allan A. Morr Gabriel G. DeRoo Nicholas J. Manoukian
Allan Klein Garrett C. Knoll Nicholas O. Cherava
Allen A. Greka Gary A. Koehler Nyle Yates III
Andrew H. Nelson Gentian Marku Paul E. Andersen
Andrew J. Kilpela Gerald M. Bloomfield II Paul J. Cassidy
Andrew K. Waits Gregory G. McCoy Paul J. Darga
Andrew P. Daul Gregory J. Fester Paul J. Johnson
Anthony C. Yost Holly J. McGeogh Peter C. Neesley
Anthony O. Cardinal In Chul Kim Ralph J. Harting III
Artimus D. Brassfield Jacob H. Neal Ralph N. Porras
Bobby Mejia II James D. Priestap Ralph W. Frietas
Brad A. Wentz James Hansen Randy L. Stevens
Bradley C. Fox James L. Arnold Raymond J. Plouhar
Bradley N. Shilling James S. Collins Jr. Richard A. Goward
Brandon J. Webb Jason A. Lehto Richard Buerstetta
Brandon L. Stout Jason G. Wright Richard H. Rosas
Brent E. Beeler Jason M. Meyer Richard K. Trevithick
Brett A. Witteveen Jason T. Lee Ricky A. Kieffer
Brett J. Petriken Jason T. Little Robert Dixon
Brian K. Derks Jeffrey P. Shaffer Robert M. Friese
Brian L. Morris Jeremy S. Shock Ross A. Smith
Brock Babb John T. Bishop Ryan J. Burgess
Brock L. Bucklin John W. Dearing Scott D. Sather
Bryan K. Burgess Jonathan Thornsberry Sean C. Reynolds
Bryan R. Thomas Jonathan W. Edds Sean Grimes
Buford K. Van Slyke Joseph C. Schwedler Shawn D. Gajdos
Byron J. Fouty Joseph P. Micks Spencer C. Akers
Casey E. Howe Joseph T. McCloud Stephen C. Hattamer
Casey P. Mason Joshua D. Brown Stephen M. Okray
Casey P. Zylman Joshua Hines Stephen W. Frank
Chad J. Vollmer Joshua T. Brazee Steven J. Chevalier
Charles A. Drier Joshua V. Youmans Tarryl B. Hill
Charles T. Heinlein Juan Guadalupe Garza Thomas Echols
Christopher C. Johnson Justin D. Peterson Thomas G. Wright
Christopher D. Kube Justin D. Reppuhn Thomas Gilbert
Christopher E. Esckelson Justin D. Wisniewski Thomas W. Christensen
Christopher G. Smith Justin M. Ellsworth Timothy A. David
Christopher P. Messer Justin S. Smith Timothy D. Brown
Clifford R. Collinsworth Justin T. Paton Todd A. Motley
Craig N. Watson Kevin Nave Todd A. Singleton
Craig S. Frank Levi K. Hoover Todd J. Robbins
Curtis L. Norris Lewis J. Gentry Trevor A. Blumberg
Curtis T. Howard II Lowell T. Miller II Troy D. Nealey
Damian S. Bushart Luis J. Castillo Tyler Overstreet
Dane O. Carver Marcus Golczynski Vincent E. Summers
Daniel E. Scheibner Mark A. Barbret Walter B. Howard II
Daniel W. Courneya Mark D. Kidd William C. Koprince Jr.
David A. Hartman Mark D. Vasquez William D. Spencer
David A. Huhn Matthew A. Webber William L. Payne
David A. Wilkey Jr. Matthew Pathenos William N. Davis
Dennis J. Miller Jr. Matthew Soper William S. Jackson II
Dennis K. Samson Jr. Michael A. Dickinson II Wilson A. Algrim
Donald L. Munn II Michael B. Lindemuth
; now, therefore, be it
Resolved by the Senate, That we offer this resolution of memorial tribute in honor of the 182 Michigan warriors who gave their life serving in the Iraq war; and be it further
Resolved, That copies of this resolution be transmitted to the Veterans of Foreign Wars of Michigan and the Michigan Department of Military and Veterans Affairs.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The resolution was adopted.
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.
Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Bieda’s statement is as follows:
After almost ten years, the war in Iraq has officially ended. During that conflict, 4,484 Americans lost their lives overseas. Of that 4,484 Americans that we all honor today, 182 were from the great state of Michigan. Today we honor all, and specifically Michigan’s sons and daughters, who paid the ultimate price.
This resolution that we offer today lists all 182 Michiganders by name, and I ask for your support.
Senator Anderson offered the following resolution:
Senate Resolution No. 118.
A resolution to memorialize Congress to exempt Michigan from provisions of the federal unemployment program that are ending extended benefits for thousands of Michigan citizens.
Whereas, Up to 29,500 unemployed Michiganians will be affected by an abrupt end in the extended benefits (EB) funding. This end of unemployment benefits is being triggered by set thresholds of unemployment levels in the state; and
Whereas, This cut in federal funding could negatively affect the state’s economic recovery and leave many Michigan families without assistance or aid during dire times; and
Whereas, Michigan has shown improvement in its unemployment rate as of late, but still requires aid from the EB program; and
Whereas, Approximately 268,924 Michiganians are receiving unemployment benefits; and
Whereas, Michigan has the tenth-highest rate of unemployment among all of the states in the nation; and
Whereas, Determination of Michigan’s ineligibility for EB benefits was based on the total unemployment rate; and
Whereas, The rules governing eligibility are based on the state’s previous total unemployment rate over a three-year period. That is, the current total unemployment rate must be 10 percent higher than that of the previous three-year period; and
Whereas, This measure unfairly disadvantages Michigan, which has had a significantly higher rate of unemployment for many consecutive years; now, therefore, be it
Resolved by the Senate, That we memorialize Congress to take immediate action to keep Michigan in the federal extended benefits program in order that Michigan continue to receive this extended unemployment benefits funding past February 18, 2012, since it is evident that Michigan still requires federal EB funding, despite the total unemployment rate determination criteria outlined above; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Senator Meekhof moved that the resolution be referred to the Committee on Economic Development.
The motion prevailed.
Senators Bieda, Hopgood, Johnson and Rocca were named co‑sponsors of the resolution.
Senators Proos, Kowall, Green, Emmons, Nofs, Marleau, Walker, Booher, Hansen and Jansen offered the following concurrent resolution:
Senate Concurrent Resolution No. 27.
A concurrent resolution to encourage the Michigan Economic Development Corporation to work through the Pure Michigan campaign and with the Department of Agriculture and Rural Development to promote and brand Pure Michigan-grown foods.
Whereas, The variety and quality of Michigan-grown products is well-known across the country, especially throughout the Midwest. As the state with more types of crops than 49 of the 50 states, Michigan is a leading producer of several crops. This bounty represents a strength that is clear not only in economic data year after year, but also in the role that agriculture plays in our culture and communities; and
Whereas, A growing interest in locally-grown foods, rooted in the recognition of the many benefits of this practice, has triggered an interest in new ways to market Michigan-grown crops. An excellent example of the success of this type of thinking is the recently developed partnership between the highly-effective Pure Michigan campaign and the Michigan Apple Committee. This effort has included the contributions of Michigan State University and has resulted in a marketing initiative that calls attention to the riches of Michigan’s orchards; and
Whereas, Given the positive reaction to the Pure Michigan campaign to increase awareness of Michigan apples not only in neighboring states, but here as well, it certainly seems wise to pursue an expansion of this idea to other commodities. Steps to identify Michigan-grown foods and promote them in the marketplace can only help reap even greater harvests for our state; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we encourage the Michigan Economic Development Corporation to work through the Pure Michigan campaign and with the Department of Agriculture and Rural Development to promote and brand Pure Michigan-grown foods; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Economic Development Corporation and the Department of Agriculture and Rural Development.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Meekhof moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Meekhof moved that the concurrent resolution be referred to the Committee on Agriculture.
The motion prevailed.
Senators Anderson, Bieda, Hopgood, Rocca and Schuitmaker were named co‑sponsors of the concurrent resolution.
By unanimous consent the Senate proceeded to the order of
Statements
Senators Hunter, Anderson, Gleason and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hunter’s statement is as follows:
I rise to honor the life of a fine public servant who just this past week on February 8 died of a heart attack. He was the director of the city of Inkster Department of Public Services. He was 54 years of age and resided in the city of Romulus, which is represented by our colleague Senator Hopgood. His name is Carl Brooks. He was born to Carl Lovenduski and Deanna Kranick in Detroit on October 9, 1957. He enjoyed spending time with his family, his dog named Cookie, his duck named Kid Rock, and playing sports, especially volleyball and tennis.
Carl was preceded in death by his father Carl and is survived by his mother Deanna, grandmother Carrie Kranick, son Jason Brooks, daughters Kristen and Megan Brooks, and brother Daniel Lovenduski.
So, Mr. President, I would ask that you along with my colleagues would briefly pause for a moment of silence for this individual, a fine public servant. He went about his life every day doing his job on behalf of the citizens of Inkster. He is one of the many unsung heros across this great state, so I would ask that we pay our respects to him and his family at this time.
A moment of silence was observed in memory of Carl Brooks.
Senator Anderson’s statement is as follows:
Today on the Resolution calendar I had a resolution that was just referred to the Committee on Government Operations. This would urge Congress to extend the unemployment benefits for approximately 30,000 Michigan residents who will have their unemployment extended benefits ended because Michigan no longer fits the federal criteria for the extended benefit program.
Those affected only received three weeks’ notice of this change and may still have been eligible for additional weeks of extended benefits were the program not to have been triggered off. This resolution would encourage Congress to act to provide an exemption for Michigan, or change the guidelines to allow the citizens of Michigan to continue receiving the benefits.
I would urge the Majority Leader to request, as the chair of Government Operations, to move this resolution forward so that this full Senate can vote to provide the extended benefits for Michigan residents who would otherwise lose them.
Senator Gleason’s statement is as follows:
I would like to begin by thanking Senator Gretchen Whitmer for her kind words and to thank you individually and as a whole for the tremendous honor that you have presented to my sister, myself, and my family this morning with the amendment to add my name to the license plate bill on behalf of those seeking organ donation.
When I first met the Gift of Life, a national kidney foundation, they deserve all the credit—100 percent of the credit belongs to those organizations that sought this plate for so many years. As we all know, they do most of the work on our legislative action. So I want to thank them for finding this important.
I remember when I first came to Lansing ten years ago and we met in the Radisson Hotel, we wondered if we would ever get 1 million names on the organ donation registry here in Michigan. We were the absolute worst state in regard to organ donation. But working with many of you in this same chamber, but at the other end of the building, we passed some important legislation that really advanced the cause. It is quite ironic how different events happen in concurrent fashion, and Senator Bieda today offered a resolution on behalf of all those who gave their lives.
The first bill that I introduced when I came to Lansing was one that said your family couldn’t veto your decision to donate your organs if you wanted to do that upon your death. We passed that bill out of the House on April 8, 2003. It was my first bill passed. When I left the House chamber and I walked across to my office, I was given the phone to talk to my wife. On April 3, that same day, I was notified that our nephew was killed in Iraq. So here we meet once again upon a reminder of what happened half a globe away and our work here in Lansing on behalf of the citizens of our state.
In regard to the legislation, I think we have a lot to be proud of as Senators and legislators on both ends of this building. Mr. Lieutenant Governor, you were part of that effort in the House. You were a signatory and a voter on behalf of organ donation. So most of us have taken an important step in this effort. But now, because of what we have done legislatively, and it doesn’t matter whether you are Democrat or Republican, black or white, rich or poor, now we are approaching 2 million names on that registry because of what we have done to prevent those from vetoing our decisions—the Show Us Your Heart license plate and the effort for the Uniform Anatomical Gift Act.
I want to thank each and every one of you. This means an awful lot to me and is one of the most important efforts for me personally. I have been to other states that have the license plates and wondered before I took office if we would ever have one. So even though there is a singular name, for which I am humbled and very grateful, this is not a singular effort. It has been quite a concerted effort on behalf of many.
I just want to leave this remark. None of us knows what life holds for us. None of us knows who we can help or who can help us. But many of us went into office about ten years ago, and if you remember the day we were sworn into office, we were met that morning by the death of one our fellow Representatives who died on his treadmill at home. So it kind of shows how fragile and sensitive our lives are, and I want to thank you for finding the graciousness in your hearts to offer my name on that legislation. God bless each and every one of you, and thank you for this great honor this morning.
Senator Bieda’s statement is as follows:
Today, actually, I wanted to rise in commemoration of several of my constituents who are celebrating their 50th wedding anniversary this week. They also happen to be related to me. My aunt and uncle, Mike and Geraldine Rembelski, out of St. Clair Shores will be celebrating fifty years of marriage.
It kind of boggles my mind to think that somebody could be married for fifty years. Certainly, with the statistics today, it is not often very promising. But I wanted to wish them the very best as they go forward into their next fifty years of marriage.
I would hope that my colleagues join me in wishing them well.
By unanimous consent the Senate returned to the order of
Motions and Communications
The following communication was received and read:
Office of the Senate Majority Leader
February 14, 2012
Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 945 from the Senate Committee on Natural Resources, Environment and Great Lakes to the Senate Committee on Agriculture.
Should you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Randy Richardville
Senate Majority Leader
The communication was referred to the Secretary for record.
Messages from the Governor
The following message from the Governor was received and read:
February 13, 2012
I respectfully submit to the Senate the following appointments to office:
Michigan Board of Speech Language Pathology
Bradford L. Swartz of 410 E. Grand Avenue, Mount Pleasant, Michigan 48858, county of Isabella, representing professionals, succeeding Ellen Fairbrother, is appointed for a term expiring December 31, 2015.
Erica N. Dwyer of 3876 Haven Hill Lane, Williamsburg, Michigan 49690, county of Grand Traverse, representing professionals, succeeding Katie Strong, is appointed for a term expiring December 31, 2015.
Nicola I. Hawatmeh of 32047 Vegas Drive, Warren, Michigan 48093, county of Macomb, representing the general public, filling a vacancy, is appointed for a term expiring December 31, 2013.
Sincerely,
Rick Snyder
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Proos introduced
Senate Bill No. 968, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 724 (MCL 257.724), as amended by 2009 PA 169.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Proos, Robertson, Brandenburg, Marleau, Colbeck, Gregory, Green, Jones, Hune and Casperson introduced
Senate Bill No. 969, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6 and 101 (MCL 388.1606 and 388.1701), section 6 as amended by 2011 PA 62 and section 101 as amended by 2010 PA 110, and by adding section 23a.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Johnson, Young, Smith and Hunter introduced
Senate Bill No. 970, entitled
A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 3 of chapter 1 (MCL 141.503), as amended by 2011 PA 56.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Richardville introduced
Senate Bill No. 971, 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; to require certain provisions in collective bargaining agreements; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 1 (MCL 423.201), as amended by 1999 PA 204.
The bill was read a first and second time by title and referred to the Committee on Government Operations.
Committee Reports
The Committee on Judiciary reported
Senate Bill No. 542, entitled
A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2977.
With the recommendation that the substitute (S-3) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Rick Jones
Chairperson
To Report Out:
Yeas: Senators Jones, Schuitmaker, Rocca and Bieda
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, February 14, 2012, at 2:30 p.m., Room 110, Farnum Building
Present: Senators Jones (C), Schuitmaker, Rocca and Bieda
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Tuesday, February 14, 2012, at 12:30 p.m., Room 100, Farnum Building
Present: Senators Casperson (C), Kowall, Brandenburg, Pavlov, Hansen, Gleason and Hood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Human Services submitted the following:
Meeting held on Tuesday, February 14, 2012, at 2:00 p.m., Room 210, Farnum Building
Present: Senators Caswell (C), Jansen, Proos and Gregory
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Corrections submitted the following:
Meeting held on Tuesday, February 14, 2012, at 3:00 p.m., Room 405, Capitol Building
Present: Senators Proos (C), Walker and Anderson
COMMITTEE ATTENDANCE REPORT
The Subcommittee on General Government submitted the following:
Meeting held on Tuesday, February 14, 2012, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Pappageorge (C), Jansen, Colbeck and Johnson
Scheduled Meetings
Appropriations -
Subcommittees -
Agriculture and Rural Development - Tuesdays, February 21 and February 28, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Capital Outlay - Thursday, February 16, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373‑8080)
Community Health Department - Thursday, February 16, 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Licensing and Regulatory Affairs Department - Thursday, February 16, 1:30 p.m., Rooms 402 and 403, Capitol Building (373-2768)
State Police and Military Affairs, House State Police Appropriations Subcommittee and House Military and Veterans Affairs Appropriations Subcommittee - Thursdays, February 16 and March 1, 3:00 p.m., Rooms 402 and 403, Capitol Building; and Thursday, February 23, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Transportation - Wednesday, February 22, 3:00 p.m. or later immediately following Appropriations Committee meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Banking and Financial Institutions - Thursday, February 16, 1:30 p.m., Room 100, Farnum Building (373-5324)
Michigan Law Revision Commission - Thursday, February 16, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Natural Resources, Environment and Great Lakes - Thursday, February 16, 9:00 a.m., Room 210, Farnum Building (373‑5323)
Outdoor Recreation and Tourism - Thursday, February 16, 12:30 p.m., Room 210, Farnum Building (373-5323)
Regulatory Reform - Thursday, February 16, 12:30 p.m., Room 110, Farnum Building (373-5307)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 10:50 a.m.
The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, February 16, 2012, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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