No. 26

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2011

Senate Chamber, Lansing, Thursday, March 17, 2011.

10:00 a.m.

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

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 Don Milton of New Life Vineyard Church of Midland offered the following invocation:

Lord, we humbly exalt and acknowledge You as Creator, Sustainer, and Savior of the world. It is by Your bidding that we are ordained to do the work in these hallowed halls. We pray that You would minister to each one here.

We stand as a people humbled by Your presence. We are grateful for the people who serve here and for their sacrifice for our beloved state. Lord, grant them the wisdom of the ages, and lead them through these most difficult times. Protect them and give Your angels to watch over them. Give them ears to hear and receptive hearts for what Your Spirit has to say.

Also, Lord, protect their families. For those who are married, may they have an abundance of Your grace in their personal relationship. If they are blessed with children and grandchildren, please watch over them. Bless their lives and travels as they judiciously carry out the duties among us. I pray, Lord, that You also would grant them extra energy on little sleep; that they may receive Your help and rest and peace for their souls when addressing pressing tasks and overwhelming problems. Whisper into their hearts and minds and spirits as they face the challenges of this great state, and speak to them with Your inner voice.

In the name of the Father, Son, and Holy Spirit. Amen.

The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Meekhof moved that Senators Brandenburg and Emmons be temporarily excused from today’s session.

The motion prevailed.

Senator Hunter moved that Senator Warren be temporarily excused from today’s session.

The motion prevailed.

Senators Brandenburg, Emmons and Warren entered the Senate Chamber.

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senator Casperson admittance to the Senate floor, including the center aisle.

The motion prevailed, a majority of the members serving voting therefor.

Senator Meekhof moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle.

The motion prevailed, a majority of the members serving voting therefor.

Recess

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

The motion prevailed, the time being 10:07 a.m.

10:16 a.m.

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

During the recess, Senator Casperson introduced the Bark River-Harris High School Girls Basketball Team, participants in the Class D State Finals; Principal Darrin Bray, Coach Joel Schultz, and team captain Megan Mackowiak.

Ms. Mackowiak responded briefly.

Senator Kahn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Kahn’s statement is as follows:

I rise today to offer recognition to a dear friend and wonderful Michigander and his wife in our east Gallery, Michael Wegner. I would like to read a tribute that we are presenting to him today in recognition of his work at multiple levels throughout our state, whether it is as an elected official, county commissioner, appointee to office in our intermediate school districts, or in multiple other areas:

“LET IT BE KNOWN, That it is with sincere appreciation of the hard work, dedication, and professionalism Michael J. Wegner exemplified during his endeavors as a servant to his country, university, and home town that he is honored with this expression of our deepest gratitude.

Whereas, Mike graduated from St. Andrew High School in Saginaw and soon after his endeavors earned him both a bachelor’s and master’s degree from Central Michigan University. His aptitude for serving the public encouraged him to make teaching and counseling his profession for more than 30 years. During that time, he served on two educational boards: Swan Valley Board of Education for seven years and Saginaw County Intermediate School District Board of Education for eight years. There, Mike’s philosophy was dedication and earned him the title of ‘Teacher of Detail.’

Whereas, Mike gave more than 40 years to area service and civic organizations, such as the Saginaw-Bay Substances Service Agency, Saginaw Economic Development Corporation, Saginaw Area Growth Alliance, First Central Michigan Planning and Development, and the Region VII Area Agency on Aging. He has been the chaplain of the American Legion #439, a 40-year volunteer for Central Michigan University, and a board member of the Saginaw County Sports Hall of Fame. Additionally, he was elected to political offices 11 times when he served as a member of the Saginaw County Board of Commissioners for 10 years, Thomas Township Clerk for four years, and now is serving as a member of the Thomas Township Zoning Board of Appeals.

Whereas, Mike was a member of the U.S. Navy and Navy Reserve for six years. He spent time at NATO headquarters and worked in the offices of the Commander in Chief, Atlantic Fleet, based in Norfolk, Virginia. Mike has been an active volunteer and Special Lt. Deputy with the Saginaw County Sheriff’s Department. He has received a number of awards, including twice being awarded the Saginaw County Sheriff’s Distinguished Service Honor. He also spent many years as an auxiliary fire chief.

Whereas, In conjunction with his extensive list of accomplishments, Mike is also a founding member of Holy Spirit Parish and has been a member for more than 52 years. He has served in many capacities with the church, including participation as a lay minister, a key member of the church’s 50th anniversary steering committee, and a member of the Catholic Diocese of Saginaw Marriage Tribunal, among various other important responsibilities.

IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to join with family, Janice, Michele, and Mark, as well as co-workers and the residents of Thomas Township and Saginaw County, in honoring Michael J. Wegner in acknowledgement of his lifetime devotion to public service.”

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, March 16:

House Bill No. 4231

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, March 16, for his approval the following bills:

Enrolled Senate Bill No. 157 at 3:43 p.m.

Enrolled Senate Bill No. 158 at 3:45 p.m.

The Secretary announced that the following official bills and joint resolution were printed on Wednesday, March 16, and are available at the legislative website:

Senate Bill Nos. 264 265

House Bill Nos. 4415 4416 4417 4418 4419 4420 4421 4422 4423 4424 4425 4426 4427 4428

4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 4441 4442

4443 4444 4445

House Joint Resolution P

Messages from the Governor

The following messages from the Governor were received and read:

March 9, 2011

I respectfully submit to the Senate the following appointments to office:

Sault Ste. Marie Bridge Authority

Linda K. Hoath of 793 E. 5 Mile Road, Sault Ste. Marie, Michigan 49783, county of Chippewa, succeeding William Sutter, for a term expiring at the pleasure of the Governor.

Scott A. Shackleton of 2762 W. 16th Avenue, Sault Ste. Marie, Michigan 49783, county of Chippewa, succeeding Richard A. LeBlanc, for a term expiring at the pleasure of the Governor.

Nicholas J. White of 920 East Mitchell Street, Petoskey, Michigan 49770, county of Emmet, succeeding Brian L. Davie, for a term expiring at the pleasure of the Governor.

Stuart C. Bradley of 64600 County Road 581, Ishpeming, Michigan 49849, county of Marquette, succeeding Gary L. LaPlant, for a term expiring at the pleasure of the Governor.

March 9, 2011

I respectfully submit to the Senate the following appointments to office:

Michigan Veterans Facilities Board of Managers

James F. Dunn of 1331 Dennison Road, East Lansing, Michigan 48823, county of Ingham, representing veterans, succeeding David E. Hall, for a term expiring February 28, 2017.

Ernest E. Meyers, Sr., of 925 Forest Street, Charlotte, Michigan 48813, county of Eaton, representing Veterans of Foreign Wars, is reappointed for a term expiring February 28, 2017.

March 16, 2011

I respectfully submit to the Senate the following appointment to office:

Great Lakes Protection Fund Board of Directors

Richard L. Baird of 4755 Hawk Hollow Drive East, Bath, Michigan 48808, county of Clinton, succeeding Kenneth DeBeaussaert, for a term expiring October 11, 2012.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

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 pro tempore, Senator Schuitmaker, designated Senator Nofs as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 192, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 871 (MCL 600.871), as amended by 2005 PA 326.

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. 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.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

The following bill was announced:

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.

(This bill was passed on March 16 and the motion for immediate effect postponed. See Senate Journal No. 25, p. 353.)

The question being on the motion to give the bill immediate effect,

Senator Meekhof withdrew the motion.

Senator Meekhof moved to reconsider the vote by which the bill was passed.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the passage of the bill,

Senator Kowall offered the following amendment:

1. Amend page 13, line 7, by striking out all of enacting section 1 and inserting:

“Enacting section 1. 1976 PA 449, MCL 445.351 to 445.364, is repealed effective September 1, 2011.

Enacting section 2. This act takes effect September 1, 2011.”.

The amendment was adopted, a majority of the members serving 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. 74 Yeas—25

Booher Hansen Kowall Pavlov

Brandenburg Hildenbrand Marleau Proos

Casperson Hune Meekhof Richardville

Caswell Jansen Moolenaar Robertson

Colbeck Jones Nofs Schuitmaker

Emmons Kahn Pappageorge Walker

Green

Nays—13

Anderson Hood Johnson Warren

Bieda Hopgood Rocca Whitmer

Gleason Hunter Smith Young

Gregory

Excused—0

Not Voting—0

In The Chair: Schuitmaker

Senator Meekhof moved that the bill be given immediate effect.

The motion did not prevail, 2/3 of the members serving not voting therefor.

Senator Hunter requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The motion prevailed, 2/3 of the members serving voting therefor, as follows:

Roll Call No. 75 Yeas—31

Bieda Green Kahn Proos

Booher Hansen Kowall Richardville

Brandenburg Hildenbrand Marleau Robertson

Casperson Hune Meekhof Rocca

Caswell Hunter Moolenaar Schuitmaker

Colbeck Jansen Nofs Walker

Emmons Johnson Pappageorge Whitmer

Gleason Jones Pavlov

Nays—7

Anderson Hood Smith Young

Gregory Hopgood Warren

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 5, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 547.

The question being on the passage of the bill,

Senator Pappageorge offered the following amendments:

1. Amend page 1, line 5, after the first “A” by inserting “SPECIALLY DESIGNATED DISTRIBUTOR, SPECIALLY DESIGNATED MERCHANT, OR”.

2. Amend page 1, line 7, after “ESTABLISHMENT” by inserting “OR RETAIL FOOD ESTABLISHMENT”.

3. Amend page 2, line 7, after “BY” by striking out “AN” and inserting “A SPECIALLY DESIGNATED DISTRIBUTOR, SPECIALLY DESIGNATED MERCHANT, OR”.

4. Amend page 2, line 12, after the second “A” by inserting “SPECIALLY DESIGNATED DISTRIBUTOR, SPECIALLY DESIGNATED MERCHANT, OR”.

5. Amend page 2, line 13, after “THAT” by striking out “ON-PREMISES”.

6. Amend page 2, line 19, after “APPLICANT” by striking out “WHOSE FOOD SERVICE ESTABLISHMENT” and inserting “WHO”.

7. Amend page 3, line 8, after the third “THE” by striking out “ON-PREMISES LICENSEE” and inserting “APPLICANT”.

8. Amend page 3, line 9, after the second “THE” by inserting “SPECIALLY DESIGNATED DISTRIBUTOR, SPECIALLY DESIGNATED MERCHANT, OR”.

9. Amend page 4, following line 3, by inserting:

“(11) A CATERING PERMIT HOLDER WHO PREPARES FOOD OR DRINK FOR DIRECT CONSUMPTION THROUGH SERVICE ON THE PREMISES OR ELSEWHERE SHALL COMPLY WITH THE REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS UNDER THE FOOD LAW OF 2000, 2000 PA 92, MCL 289.1101 TO 289.8111.” and renumbering the remaining subsection.

The amendments were adopted, a majority of the members serving 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. 76 Yeas—37

Anderson Gregory Kahn Richardville

Bieda Hansen Kowall Robertson

Booher Hildenbrand Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Caswell Hunter Nofs Walker

Colbeck Jansen Pappageorge Warren

Emmons Johnson Pavlov Whitmer

Gleason Jones Proos Young

Green

Nays—1

Hood

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 223, entitled

A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending sections 2 and 8 (MCL 207.842 and 207.848), as amended by 2008 PA 500.

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. 77 Yeas—37

Anderson Hansen Kahn Richardville

Bieda Hildenbrand Kowall Robertson

Booher Hood Marleau Rocca

Brandenburg Hopgood Meekhof Schuitmaker

Casperson Hune Moolenaar Smith

Colbeck Hunter Nofs Walker

Emmons Jansen Pappageorge Warren

Gleason Johnson Pavlov Whitmer

Green Jones Proos Young

Gregory

Nays—1

Caswell

Excused—0

Not Voting—0

In The Chair: Schuitmaker

The Senate agreed to the title of the bill.

Resolutions

Senator Meekhof moved that consideration of the following concurrent resolution be postponed for today:

House Concurrent Resolution No. 4

The motion prevailed.

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

Senate Resolution No. 28

The resolution consent calendar was adopted.

Senator Robertson offered the following resolution:

Senate Resolution No. 28.

A resolution recognizing March 20-26, 2011, as Home Education Week in the state of Michigan.

Whereas, Homeschooling is the fastest-growing educational trend in the United States, growing by an estimated 15 percent per year, with over 2 million children nationwide now in a homeschool program; and

Whereas, The state of Michigan has long recognized that parents and legal guardians have a natural and fundamental right to direct the care, education, and upbringing of their children; and

Whereas, Homeschooling provides young people with a strong foundation of values and academic skills needed to become responsible citizens of our state and nation; and

Whereas, Homeschool parents understand they are to be the primary educators and know that parental supervision and involvement play a major role in the education of students; and

Whereas, Parents know that teaching morals and values is essential to the complete education of the student since every member of society continually makes moral decisions; and

Whereas, The homeschool parents are dedicated to producing academically-strong students who also commit themselves to service. Studies indicate that homeschool students have a stronger understanding and higher participation rate in the governmental system and elections, and a significantly higher percentage are involved in community organizations; and

Whereas, Numerous individuals of note are products of homeschooling, including George Washington, Thomas Edison, Helen Keller, Agatha Christie, and Franklin D. Roosevelt; and

Whereas, Homeschoolers come from a diverse number of socioeconomic backgrounds and are from a variety of races and creeds; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize March 20-26, 2011, as Home Education Week in the state of Michigan.

Senators Booher, Brandenburg, Caswell, Emmons, Green, Jones, Kowall, Marleau and Proos were named co‑sponsors of the resolution.

House Concurrent Resolution No. 2.

A concurrent resolution to express opposition to the imposition of a ban of firearm hunting and snowmobiling in certain areas of the Huron-Manistee National Forest.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senator Emmons was named co‑sponsor of the concurrent resolution.

Senators Kowall, Brandenburg, Casperson, Pavlov, Green, Nofs, Colbeck, Booher, Proos, Kahn and Schuitmaker offered the following resolution:

Senate Resolution No. 27.

A resolution to urge the President of the United States to impose a moratorium on any new regulations and to memorialize the Congress of the United States enact the Regulations from the Executive in Need of Scrutiny (REINS) Act.

Whereas, The difficult economy Michigan has faced over the past decade and the challenges before our country as we compete in the global marketplace make it clear that government policies at all levels need to change. In addition to more appropriate tax policies, it is essential that regulatory requirements must reflect the realities facing businesses across our state and nation. While it is always important to make sure regulations are reasonable and provide a fair measure of protections without imposing a crushing burden on job creators, the need for this approach is dramatized when unemployment rates hover near double digits or higher; and

Whereas, Nonproductive and burdensome regulations take a major toll on the job-creating capacity of companies of all sizes and types. The total cost of complying with all federal regulations has been estimated to be as high as more than $1 trillion, which amounts to $10,500 each year for every person employed by a small business. This cost is strangling the national and state economy; and

Whereas, The onslaught of excessive regulations is wide-ranging and reflects proposals concerning the so-called greenhouse gases issue, the many mandates soon to befall the country in health care, and excessive financial and consumer protection measures. Many of these regulations directly impede our capacity to compete with other countries; and

Whereas, Congress has before it legislation that would implement a new approach to the entire regulatory process. The Regulations from the Executive in Need of Scrutiny (REINS) Act (H.R.10) would greatly revamp the regulatory process. This measure would bring regulations more in line with the constitutional powers granted to Congress, and it would require Congress to review and approve major rules. This change would bring greater accountability to the federal government and strengthen the faith the American people have in how laws are implemented on their behalf; now, therefore, be it

Resolved by the Senate, That we urge the President of the United States to impose a moratorium on any new regulations and memorialize the Congress of the United States to pass the Regulations from the Executive in Need of Scrutiny (REINS) Act; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Emmons and Marleau were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senators Whitmer, Anderson, Smith, Bieda, Gregory, Warren, Hood, Young, Hunter, Hopgood, Gleason and Johnson introduced

Senate Joint Resolution I, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to create a right to collective bargaining.

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

Senators Gleason, Kowall, Gregory, Jones, Hunter, Smith, Anderson, Young, Hopgood, Whitmer and Bieda introduced

Senate Bill No. 270, entitled

A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 3 (MCL 123.1133), as amended by 2003 PA 135.

The bill was read a first and second time by title and referred to the Committee on Local Government and Elections.

Senators Brandenburg, Green, Nofs, Marleau, Emmons, Booher, Kahn and Schuitmaker introduced

Senate Bill No. 271, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 45 (MCL 24.245), as amended by 2004 PA 491.