No. 32
STATE OF MICHIGAN
Journal of the Senate
96th Legislature
REGULAR SESSION OF 2011
Senate Chamber, Lansing, Thursday, April 14, 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 Glen Gardner of Central Church of the Nazarene of Flint offered the following invocation:
Our Father, we come into this day and room to give You thanks for the opportunity to gather together. In this room are men and women who have been entrusted with the future of our great state. Give them wisdom and guidance in these dry and weary days.
May it be said of this state as it is said in Jeremiah 33:9, “Then this city will bring me renown, joy, praise and honor before all nations on earth that hear of all the good things I do for it; and they will be in awe and will tremble at the abundant prosperity and peace I provide for it.”
We are a blessed nation that has been incredibly honored with an overwhelming sense of plenty, and yet we seem to always want more. Forgive us for our ingratitude of greed, and teach us to be givers of grace, love, and the substance that is needed to survive in these times. Help the elected in this room to see the faces of the people they serve. As decisions are made, show us how those decisions will affect the men, women, and children who call Michigan their home. These are difficult days, and we desperately need Your help and guidance. Thank You for being our hope, and we humbly acknowledge that You have the answer for the problems we face.
May the hearts in this room be open to Your grace and Your leading in all that is said and done. I ask this in the name of Your Son. Amen.
The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Johnson, Pappageorge, Casperson, Green, Richardville and Hood entered the Senate Chamber.
Senator Hunter moved that Senator Young be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that Senators Kahn, Moolenaar, Proos and Walker be temporarily excused from today’s session.
The motion prevailed.
Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senators Hopgood and Schuitmaker 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.
Senators Moolenaar and Proos entered the Senate Chamber.
Recess
Senator Meekhof moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:06 a.m.
10:17 a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Hansen.
During the recess, Senator Hopgood introduced the Wyandotte Theodore Roosevelt High School Boys Hockey Team, 2011 MHSAA Division 2 State Champions; Coach Mike Quint and Assistant Coach and Mayor Joe Peterson.
Coach Peterson responded briefly.
During the recess, Senators Young, Gleason and Walker entered the Senate Chamber.
Senators Schuitmaker and Casperson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Schuitmaker’s statement is as follows:
I have a special guest and hometown hero from my town, Mr. Greg Jennings, his lovely wife Nicole, and daughter Ava. “We are proud to join with family, friends, and community members in congratulating Greg Jennings for an outstanding Pro Bowl and Super Bowl XLV Championship season with the Green Bay Packers and for his dedication in giving back to his community through the Greg Jennings Foundation. The foundation is dedicated to assisting children, families, and individuals in obtaining their personal, professional, and financial goals using faith-based values.
Greg Jennings, a native of Kalamazoo, Michigan, was a three-sport All-Conference student-athlete at Kalamazoo Central High School in football, basketball, and track. As a three-time letter winner in football, Greg made a name for himself as a standout wide receiver. As a senior, Jennings was listed 11th of the ‘Fab 50’ rankings done by the Detroit Free Press.
After high school, Greg decided to stay in his hometown and play football for the Western Michigan University Broncos. In Greg’s four years at Western Michigan, he compiled 238 receptions for 3,539 yards and 39 touchdowns. Jennings was named to the second team All-MAC team in 2003 and was named to the All-MAC team in 2004 and 2005. In 2005, he was also awarded the MAC Offensive Player of the Year Award. His 5,093 all-purpose yards currently stands as the WMU record and ranks 8th all-time in the Mid-American Conference.”
I will ask my colleague, probably the biggest Green Bay Packers’ fan in this chamber, to help me out in reading the rest of the tribute.
Senator Casperson’s statement is as follows:
“Following his successful collegiate career, Greg was drafted in the 2nd round, 52nd overall to the storied Green Bay Packers in the 2006 NFL Draft. In his first year in the league, he was named to the 2006 NFL All-Rookie Team, and in 2007, he led the Packers in receiving touchdowns with 12, which includes catching Brett Favre’s record-tying 420th and record-breaking 421st touchdown passes, making Favre the all-time NFL leader in touchdown passes.
His 2010-11 season was highlighted with many achievements, including impressive statistics and electrifying plays that helped him to be named to the Pro Bowl Team for the first time and helped lead the Packers to their 4th Super Bowl Championship. For the 2010-11 regular season, Jennings caught 76 passes for 1,265 yards and 12 touchdowns. During the playoffs, Jennings caught 21 passes for 303 yards and 2 touchdowns in the Super Bowl.
IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to congratulate Greg Jennings for his outstanding 2010-2011 Pro Bowl and Super Bowl XLV Championship season with the Green Bay Packers and for his continued charitable work through the Greg Jennings Foundation.”
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 13:
House Bill Nos. 4291 4407 4445
The Secretary announced that the following official bills and joint resolutions were printed on Wednesday, April 13, and are available at the legislative website:
Senate Bill Nos. 313 314 315 316 317 318 319 320 321
Senate Joint Resolution L
House Bill Nos. 4509 4510 4511 4512 4513 4514 4515 4516 4517 4518 4519 4520 4521 4522
4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 4533 4534 4535
House Joint Resolution T
Messages from the Governor
The following messages from the Governor were received and read:
April 5, 2011
I respectfully submit to the Senate the following appointments to office:
State Board of Cosmetology
Angela N. River of 3393 Auburn Road, Apt. 4, Auburn Hills, Michigan 48326, county of Oakland, representing licensed cosmetologists, succeeding Kathryn Spiller, is appointed for a term expiring December 31, 2014.
Andrea K. Schroeder of 5641 Golf Pointe Drive, Clarkston, Michigan 48348, county of Oakland, representing the general public, succeeding Theodore Lakkides, is appointed for a term expiring December 31, 2014.
April 5, 2011
I respectfully submit to the Senate the following appointments to office:
Michigan Commission on Disability Concerns
Richard J. Carlson of 1681 Rood Point Road, Muskegon, Michigan 49441, county of Muskegon, succeeding Dana Parker, is appointed for a term expiring November 30, 2014.
Sara E. Grivetti of 3939 E. Old Pine Trail, Midland, Michigan 48642, county of Midland, succeeding Brian Sheridan, is appointed for a term expiring November 30, 2014.
April 6, 2011
I respectfully submit to the Senate the following appointment to office:
Michigan Pharmacy and Therapeutics Committee
Derek J. Quinn of 3772 Cedaridge Road, Kalamazoo, Michigan 49008, county of Kalamazoo, representing pharmacists, succeeding Neil Dorfman, is appointed for a term expiring October 1, 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 Assistant President pro tempore, Senator Hansen, designated Senator Nofs as Chairperson.
After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Hansen, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 218, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 43 of chapter X (MCL 710.43), as amended by 1996 PA 409.
Senate Bill No. 219, entitled
A bill to amend 1935 PA 220, entitled “An act to provide family home care for children committed to the care of the state, to create the Michigan children’s institute under the control of the Michigan social welfare commission, to prescribe the powers and duties thereof, and to provide penalties for violations of certain provisions of this act,” by amending section 9 (MCL 400.209), as amended by 2004 PA 470.
Senate Bill No. 220, entitled
A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19c (MCL 712A.19c), as amended by 2008 PA 203.
Senate Bill No. 214, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803i (MCL 257.803i), as amended by 1998 PA 68.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No. 4135, entitled
A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending section 15 (MCL 423.215), as amended by 2009 PA 201.
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
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:
Senate Bill No. 214
House Bill No. 4135
The motion prevailed, a majority of the members serving voting therefor.
Senator Meekhof moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 152
Senate Bill No. 109
House Bill No. 4135
Senate Bill No. 214
The motion prevailed.
Senator Kahn entered the Senate Chamber.
The following bill was read a third time:
Senate Bill No. 152, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding sections 7, 8, 9, 10, and 11 to chapter III.
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. 92 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: Hansen
The Senate agreed to the title of the bill.
Senators Richardville and Schuitmaker asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Richardville’s statement is as follows:
Colleagues, I rise today to honor someone who has played an important role in the Michigan Senate for 22 years. Shelly Edgerton serves as Deputy Senate Majority Counsel and has provided legal services and advice over the years to the Senate Majority Leader, the Secretary of the Senate, and Senators and their employees. Among other responsibilities, she has been instrumental in drafting and revising Senate rules, policies, and contracts. In addition, her research and advice as an expert in constitutional, administrative, governmental, and election law have been keenly pursued and valued. Her dedication and commitment to the Michigan Senate is evidenced by her long daily commute from Plainwell, where she resides with her husband Ty Swineheart and son Tyler.
Please join me today to congratulate and thank Shelly Edgerton as she leaves the Michigan Senate and heads to the Michigan Department of Licensing and Regulatory Affairs, where she will serve as Director of Policy and Legislative Affairs. May she, her husband, and son know of our great gratitude for her many years of service and our best wishes for continued success and happiness.
Senator Schuitmaker’s statement is as follows:
It is with deep appreciation that I have had the opportunity to work with Jared Soncrant. He has worked in my office, and today is his last day. He is a testament to Western Michigan University and the determination, commitment, and vigor of young, talented men and women who go through their internship program. On a regular basis, Jared was called upon to manage various levels of my office, and no matter how difficult the situation, he continuously exhibited a professional demeanor, was always on time, and went above and beyond the call of service. I really want to thank Jared from the bottom of my heart and wish my members to thank him for his service to the constituents of the 20th District and the people of the state of Michigan.
The following bill was read a third time:
Senate Bill No. 109, entitled
A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57v.
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. 93 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: Hansen
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No. 4135, 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 15 (MCL 423.215), as amended by 2011 PA 9.
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. 94 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: Hansen
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 title of the bill.
The President pro tempore, Senator Schuitmaker, resumed the Chair.
The following bill was read a third time:
Senate Bill No. 214, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803i (MCL 257.803i), as amended by 1998 PA 68.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 95 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: Schuitmaker
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
Resolutions
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 38
Senate Resolution No. 40
The resolution consent calendar was adopted.
Senators Booher, Anderson, Hansen, Moolenaar and Bieda offered the following resolution:
Senate Resolution No. 38.
A resolution to recognize May 12, 2011, as Fibromyalgia Awareness Day.
Whereas, Fibromyalgia is a complex chronic pain disorder that affects an estimated 10 million Americans and approximately 3 percent to 6 percent of the population worldwide; and
Whereas, While it occurs most often in women, it strikes men and children and all ethnic backgrounds; and
Whereas, For those with severe symptoms, fibromyalgia can be extremely debilitating and interfere with basic daily activities; and
Whereas, Fibromyalgia often occurs following a physical trauma, such as an acute illness or injury, which may act as a trigger in the development of the disorder. Recent studies have suggested that FM patients have generalized disturbance in pain processing and an amplified response to stimuli that would not ordinarily be painful in healthy individuals; and
Whereas, There is no known cure for fibromyalgia. Treatment focuses on relieving symptoms and improving function. A variety of prescription medications are often used to reduce pain levels and improve sleep; and
Whereas, Spreading awareness of the symptoms of fibromyalgia can help put an end to the lack of understanding, education, and awareness of fibromyalgia that causes patients to go through countless instances of mistreatment and misdiagnosis; now, therefore, be it
Resolved by the Senate, That in recognition of the importance of the ongoing fight against fibromyalgia, we do hereby proclaim May 12, 2011, as Fibromyalgia Awareness Day in Michigan. We encourage all citizens to help educate and support family, friends, and neighbors who have been diagnosed with fibromyalgia as an expression of support and compassion to fight this dreadful pain disorder. By increasing awareness of the risk factors and taking direct actions to reduce them, we can enable those who suffer from the disorder to live more peacefully; and be it further
Resolved, That a copy of this resolution be transmitted to the Office of the Governor of Michigan and director of the Department of Community Health.
Senators Brandenburg, Green, Hopgood, Kowall and Proos were named co‑sponsors of the resolution.
Senator Warren offered the following resolution:
Senate Resolution No. 40.
A resolution proclaiming the week of April 11-15, 2011, as Graduate Education Week in the state of Michigan.
Whereas, Graduate education attracts students from across the nation and world to Michigan universities for advanced training; and
Whereas, In graduate certificate, master’s, specialist, and doctoral programs across the state, graduate educators are providing access to cutting-edge knowledge and analytic skills essential to ensuring that Michigan workers are among the most productive, creative, and innovative in the world; and
Whereas, While serving as teaching and research assistants, graduate students make vital contributions to the teaching and research that underpins our new knowledge-based economy and supports community engagement; and
Whereas, Michigan graduate students continue to change the way we fuel Michigan’s economy by stimulating entrepreneurship; improving the quality of life; and researching areas of renewable energy sources, water quality, new technologies, agricultural productivity, transportation enhancements, sustainability, management of natural resources, disease prevention, medical innovations, health care delivery mechanisms, and unique health care issues for children and the elderly; and
Whereas, Michigan teachers/faculty with advanced degrees are creating learning environments that assist Michigan’s children, young adults, and lifetime learners to become more productive and informed citizens who are able to meet Michigan’s workforce needs; now, therefore, be it
Resolved by the Senate, That the members of this legislative body proclaim the week of April 11-15, 2011, as Graduate Education Week in the state of Michigan.
Senators Casperson, Green, Booher, Proos, Colbeck, Marleau and Emmons offered the following resolution:
Senate Resolution No. 39.
A resolution to memorialize the Congress of the United States to remove gray wolves in Michigan from the federal endangered species list and to amend the Endangered Species Act to prevent similar future situations.
Whereas, Wolves are not endangered in Michigan. Gray wolves have made a remarkable recovery from near extinction in the early 1970s. Michigan’s wolf population has met all federal recovery goals for delisting both in terms of number of wolves and the stability of those numbers. They exceed the federal recovery goal by 400 to 500 animals; and
Whereas, No one species of animal is more important to the environment than another. The gray wolf is no more important than the white-tailed deer; and
Whereas, Nature requires and strives for a balance between predator and prey, man and animal, and farmer and wildlife. As gray wolf populations grow in Michigan under federal protection, this balance is threatened. The potential ramifications of this imbalance are exemplified by a recent incident in Ironwood, Michigan. Wolves appeared multiple times in the backyard of a day care center shortly after the children were allowed outside to play. Federal agents disposed of three wolves in that backyard because of the potential danger to the children; and
Whereas, We do not want to wait for a tragedy before implementing management that properly reflects the current size of the gray wolf population. Michigan is ready to take on gray wolf management and has developed a sound management plan that will maintain a proper balance between the gray wolf and people; and
Whereas, The U.S. Fish and Wildlife Services has removed Michigan’s gray wolf population from the federal endangered species list twice in the last four years only to have that decision overturned in federal courts. Without congressional action, the administrative delisting of wolves will continue to be stalled by lawsuits while farmers are losing livestock, game animals are being depleted, and wolves continue to encroach in developed areas in search of easy meals; and
Whereas, Wildlife management should not and cannot be carried out by lawsuits and preliminary injunctions. Proper wildlife management requires knowledge of the total environment, facts and figures produced by quality research, and legitimate conclusions based on sound information and research; and
Whereas, Delisting gray wolves would meet an immediate need for Michigan, but a long-term practical solution is necessary nationwide. The federal Endangered Species Act must be amended to require a showing of irreparable harm by clear and convincing evidence as a condition for the issuance of a preliminary injunction. In addition, the act must be amended to allow the assessment of costs against the party challenging federal decisions, orders, and classifications if the challenge is not successful; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to remove gray wolves in Michigan from the federal endangered species list and to amend the Endangered Species Act to create a higher threshold for issuing preliminary injunctions and to allow for the assessment of costs when a challenge is denied; 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 Natural Resources, Environment and Great Lakes.
The motion prevailed.
Senators Brandenburg, Hansen and Kowall were named co‑sponsors of the resolution.
Introduction and Referral of Bills
Senators Schuitmaker, Moolenaar, Nofs and Jones introduced
Senate Bill No. 326, entitled
A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310e (MCL 257.310e), as amended by 2010 PA 268.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator Schuitmaker introduced
Senate Bill No. 327, entitled
A bill to amend 2002 PA 593, entitled “Michigan next energy authority act,” by amending section 2 (MCL 207.822), as amended by 2006 PA 632.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senator Schuitmaker introduced
Senate Bill No. 328, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9i and 34c (MCL 211.9i and 211.34c), section 9i as added by 2002 PA 549 and section 34c as amended by 2006 PA 646.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senator Schuitmaker introduced
Senate Bill No. 329, entitled
A bill to amend 2002 PA 593, entitled “Michigan next energy authority act,” by amending section 2 (MCL 207.822), as amended by 2006 PA 632.
The bill was read a first and second time by title and referred to the Committee on Energy and Technology.
Senator Hune introduced
Senate Bill No. 330, entitled
A bill to amend 2000 PA 92, entitled “Food law of 2000,” by amending section 4102 (MCL 289.4102), as added by 2010 PA 112.
The bill was read a first and second time by title and referred to the Committee on Agriculture.
Senators Hune, Smith, Pappageorge and Brandenburg introduced
Senate Bill No. 331, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 229 (MCL 436.1229), as amended by 2005 PA 288; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.
Senators Casperson, Moolenaar, Rocca, Booher, Proos, Walker, Green, Colbeck, Marleau and Emmons introduced
Senate Bill No. 332, entitled
A bill to require the department of natural resources to offer to convey certain state forest campgrounds; to prescribe conditions for the conveyances; and to provide for certain powers and duties of certain state departments in regard to the property.
The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.
Senators Proos, Schuitmaker, Booher, Pappageorge, Caswell, Marleau, Jones, Brandenburg, Meekhof, Nofs, Kowall, Casperson, Colbeck, Hildenbrand, Walker and Emmons introduced
Senate Bill No. 333, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7340b.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
Senator Hildenbrand introduced
Senate Bill No. 334, entitled
A bill to amend 1961 PA 120, entitled “An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; to provide for the creation, operation, and dissolution of business improvement zones; and to authorize the collection of revenue and the bonding of certain local governmental units for the development or redevelopment projects,” by amending sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10h, 10i, 10j, 10k, 10l, and 10m (MCL 125.990, 125.990a, 125.990b, 125.990c, 125.990d, 125.990e, 125.990f, 125.990g, 125.990h, 125.990i, 125.990j, 125.990k, 125.990l, and 125.990m), as added by 2001 PA 260.
The bill was read a first and second time by title and referred to the Committee on Economic Development.
House Bill No. 4291, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and the judicial branch for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No. 4407, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and the judicial branch for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No. 4445, entitled
A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 22a, 22b, 51a, 51c, and 74 (MCL 388.1611, 388.1611m, 388.1622a, 388.1622b, 388.1651a, 388.1651c, and 388.1674), sections 11, 11m, 22a, and 51a as amended by 2010 PA 217 and sections 22b, 51c, and 74 as amended by 2010 PA 110.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Statements
Senators Casperson and Johnson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Casperson’s statement is as follows:
I rise today in honor of Greg Jennings. As this chamber knows, although I love this state and the Upper Peninsula with all my heart, that heart bleeds Green and Gold. However, I do not rise today, on the heels of the Green Bay Packers’ fourth Super Bowl victory, to rub even more salt into the nearly eternal wound of Detroit Lions’ fans. Frankly, with more world championships than any other team, with some 19 consecutive victories over the Lions at beloved Lambeau Field, and with more Hall of Fame players than any other team, except one, that is far too easy.
Rather, today I rise for a far more important reason. Greg Jennings and the Green Bay Packers serve as an example to each one of us in the Legislature and in the state. Greg Jennings, who was drafted in the second round by the Packers and quickly became No. 1 in the hearts of Packers fans everywhere, was born here, was raised here, and was educated here. He serves as a real example of the exceptional talent that is found in the great state of Michigan and a testament to the fruits of hard work, passion, and commitment.
Although I am grateful that Greg Jennings left the state for literally greener pastures in Title Town USA, we must make instances like his the exception, rather than the rule, by doing a better job of providing jobs for those like Mr. Jennings, who have graduated from one of Michigan’s outstanding universities, of which my son is a junior today.
The Green Bay Packers serve as a model for us in that regard. Green Bay and Michigan share many similarities, with both having gone through some difficult and challenging times. Although the Packers have won more games than any team since 1992, and although the Packers have now secured their 13th World Championship, they did face some barren days for over a decade—although, mind you, they never suffered a winless season as only one franchise in NFL history has done. I apologize, Lord, I apologize.
However, through commitment, perseverance, and passion, the Packers rebuilt themselves into America’s team. Michigan can and will do the same. We must follow the same strategy. Rather than the temptation and allure of high-priced free agents, Green Bay rebuilt itself through the draft. Michigan must avoid the temptation of the next fashionable industry and instead rebuild itself on the very talents and strengths that exist right here, right now—like forestry, agriculture, mining, tourism, and the incredible workforce with which we are blessed.
Additionally, it must be willing to make decisions that, although difficult and unpopular with some, are for the betterment of the state. The Packers were faced with such a decision just over three years ago when it cut ties with one of the NFL’s most legendary quarterbacks, knowing that it was best for the team.
Michigan must do the same and cut its ties to the unreasonable regulations that are strangling the state’s job providers, to departments that are not responsive to the needs of the constituents they serve, and to anyone else who is more focused on creating conflict instead of jobs. By doing so, all of Michigan will again enjoy the unmatched success that the Green Bay Packers have enjoyed.
Senator Johnson’s statement is as follows:
I rise to not only commend, but to thank the great public university of Western Michigan for lending me such a qualified young man. He is someone who is conscientious, strong, sharp, and able-bodied. He is someone who truly exemplifies what it is to uplift and bring young folks into the fold. Collin Mays has been an exemplary part of my office, and we are going to miss his service, but we understand that a young man’s pursuits are far beyond what we provide in these offices. I am thankful to have had him, and we wish him very well in his continued pursuits at Western Michigan. We expect great things from him, and we know he will go far. We will always be friends.
Senator Meekhof moved that when the Senate adjourns today, it stand adjourned until Tuesday, April 26, at 10:00 a.m.
The motion prevailed.
Committee Reports
The Committee on Judiciary reported
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.
With the recommendation that the bill 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 was referred to the Committee of the Whole.
The Committee on Reforms, Restructuring and Reinventing reported
Senate Joint Resolution C, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 9 to article XI, to provide for establishing uniform cost allocation requirements for health benefits for public employers.
With the recommendation that the joint resolution be adopted.
Mark C. Jansen
Chairperson
To Report Out:
Yeas: Senators Jansen, Colbeck, Casperson, Kowall and Robertson
Nays: None
The joint resolution was referred to the Committee of the Whole.
The Committee on Reforms, Restructuring and Reinventing reported
Senate Bill No. 7, entitled
A bill to limit a public employer’s portion of the cost of health insurance benefits; and to provide for exceptions.
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.
Mark C. Jansen
Chairperson
To Report Out:
Yeas: Senators Jansen, Colbeck, Casperson and Robertson
Nays: Senators Young and Warren
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Reforms, Restructuring and Reinventing submitted the following:
Meeting held on Wednesday, April 13, 2011, at 8:39 a.m., Rooms 402 and 403, Capitol Building
Present: Senators Jansen (C), Colbeck, Casperson, Kowall, Robertson, Young and Warren
The Committee on Economic Development reported
House Bill No. 4248, entitled
A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2008 PA 225.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael W. Kowall
Chairperson
To Report Out:
Yeas: Senators Kowall, Hildenbrand, Nofs, Emmons, Hunter and Smith
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development submitted the following:
Meeting held on Wednesday, April 13, 2011, at 1:35 p.m., Room 110, Farnum Building
Present: Senators Kowall (C), Hildenbrand, Nofs, Emmons, Hansen, Hunter and Smith
The Committee on Education reported
Senate Bill No. 318, entitled
A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 7.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Phillip J. Pavlov
Chairperson
To Report Out:
Yeas: Senators Pavlov, Emmons, Colbeck, Hopgood and Young
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 Education submitted the following:
Meeting held on Wednesday, April 13, 2011, at 12:30 p.m., Room 100, Farnum Building
Present: Senators Pavlov (C), Emmons, Colbeck, Hopgood and Young
The Committee on Local Government and Elections reported
Senate Bill No. 212, entitled
A bill to provide firefighter training programs to certain individuals; and to provide for certain firefighter examinations.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Hansen and Young
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local Government and Elections reported
Senate Bill No. 215, entitled
A bill to amend 1957 PA 185, entitled “An act to authorize the establishing of a department and board of public works in counties; to prescribe the powers and duties of any municipality subject to the provisions of this act; to authorize the incurring of contract obligations and the issuance and payment of bonds or notes; to provide for a pledge by a municipality of its full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary; to validate obligations issued; and to prescribe a procedure for special assessments and condemnation,” by amending section 2 (MCL 123.732), as amended by 1987 PA 214.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Hansen and Young
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local Government and Elections reported
Senate Bill No. 216, entitled
A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2009 PA 210.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
David B. Robertson
Chairperson
To Report Out:
Yeas: Senators Robertson, Hansen and Young
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Local Government and Elections submitted the following:
Meeting held on Wednesday, April 13, 2011, at 3:00 p.m., Room 100, Farnum Building
Present: Senators Robertson (C), Hansen and Young
Excused: Senator Brandenburg
COMMITTEE ATTENDANCE REPORT
The Subcommittee on K-12, School Aid, Education submitted the following:
Meeting held on Wednesday, April 13, 2011, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Walker (C), Caswell, Pappageorge and Hopgood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Community Colleges submitted the following:
Meeting held on Wednesday, April 13, 2011, at 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Booher (C), Schuitmaker and Anderson
COMMITTEE ATTENDANCE REPORT
The Committee on Natural Resources, Environment and Great Lakes submitted the following:
Joint meeting held on Wednesday, April 13, 2011, at 12:30 p.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Casperson (C) and Meekhof
Absent: Senators Pavlov, Green, Kowall, Warren and Hood
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Higher Education submitted the following:
Meeting held on Wednesday, April 13, 2011, at 12:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Schuitmaker (C), Walker and Hood
COMMITTEE ATTENDANCE REPORT
The Committee on Families, Seniors and Human Services submitted the following:
Meeting held on Wednesday, April 13, 2011, at 3:10 p.m., Room 210, Farnum Building
Present: Senators Emmons (C), Rocca, Nofs and Gregory
Scheduled Meetings
Appropriations -
Subcommittees -
General Government - Tuesday, April 19, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Higher Education - Tuesday, April 19, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
K-12, School Aid, Education - Tuesday, April 19, 10:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
State Police and Military Affairs - Tuesday, April 19, 1:00 p.m., Room 405, Capitol Building (373-2768)
Michigan Law Revision Commission - Tuesday, April 19, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Senator Meekhof moved that the Senate adjourn.
The motion prevailed, the time being 11:11 a.m.
In pursuance of the order previously made, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, April 26, 2011, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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