No. 62

STATE OF MICHIGAN

Journal of the Senate

96th Legislature

REGULAR SESSION OF 2011

Senate Chamber, Lansing, Wednesday, July 13, 2011.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Anderson—present Hood—present Pappageorge—excused

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—excused

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

Rabbi Levi Shemtov of Friendship Circle of West Bloomfield offered the following invocation:

Almighty God, You have endowed each of these 38 Senators gathered here today with the privilege, honor, and awesome responsibility to represent more than 200,000 individuals each and collectively close to 10 million individuals. The individuals whom this body represents includes people of all backgrounds and races, including many people with disabilities, but each of them were created by You and in Your image. Individuals with disabilities often face difficult challenges both medically and socially in their communities. God, please grant these individuals with the strength to endure and overcome any challenges set before them and their families.

God, please grant us the ability to hear the message of the disabled loud and clear. The disabled reminds us that within each person there is a soul, and that soul is the same regardless of any limitations that may surround it; regardless of whatever natural gifts we may have or lack; and regardless of what obstacles and challenges we may confront, our souls are sacred and worthy of boundless love.

God, allow these public servants to pass laws for the benefit of the entire community without ever losing sight of each individual they represent. Bless these Senators in this house, and bless the laws that are passed here that they should be just and have no unintentional negative consequences.

May God bless the members of this body, the other bodies of government, the Governor, the Lieutenant Governor, other members of government and their dedicated staffs and families, and all those who protect our great state and great nation. Amen.

The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Hopgood moved that Senators Hunter and Young be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senators Schuitmaker and Pappageorge be excused from today’s session.

The motion prevailed.

The following communications were received and read:

Office of the Auditor General

June 29, 2011

Enclosed is a copy of the following audit report:

Performance audit of the Brownfield Redevelopment Financing Program, Department of Environmental Quality, Michigan Economic Growth Authority, and Department of Treasury.

June 30, 2011

Enclosed is a copy of the following audit report:

Financial audit, including the provisions of the Single Audit Act, of the Michigan Department of Agriculture (MDA) for the period October 1, 2008 through September 30, 2010.

June 30, 2011

Enclosed is a copy of the following audit report:

Financial audit, including the provisions of the Single Audit Act, of the Department of Human Services (DHS) for the period October 1, 2008 through September 30, 2010.

June 30, 2011

Enclosed is a copy of the following audit report:

Financial audit, including the provisions of the Single Audit Act, of the Michigan Department of Transportation (MDOT) for the period October 1, 2008 through September 30, 2010.

July 1, 2011

Enclosed is a copy of the following audit report:

Performance audit of the Bureau of Workforce Transformation’s Oversight of the Michigan Works! Agencies, Workforce Development Agency, Michigan Strategic Fund.

July 6, 2011

Enclosed is a copy of the following audit report:

Financial audit of the Farm Produce Insurance Authority, a discretely presented component unit of the State of Michigan, for the period January 1, 2010 through December 31, 2010.

Auditor General

The audit reports were referred to the Committee on Government Operations.

The following communication was received:

Utility Consumer Participation Board

June 26, 2011

In accordance with Public Act 304 of 1982, the attached 2010 Annual Report for the Michigan Utility Consumer Representation Fund (UCRF) is transmitted to the Legislature.

The UCRF provides grants to qualified applicants that represent the interests of Michigan’s residential energy utility customers in gas cost and power supply cost recovery proceedings before the Michigan Public Service Commission. The positive results for residential customers relative to the costs to those same customers demonstrate the continued importance of the UCRF grant program.

This report reflects the activities and results of the UCRF grant program administered by the Utility Consumer Participation Board. The Attorney General’s Office also receives UCRF funding to intervene on behalf of the utility ratepayers of Michigan in Act 304 proceedings. The Attorney General’s Office will submit its’ P.A. 304 Annual Report under separate cover.

Sincerely,

Alexander H. Isaac

Chair

The communication was referred to the Secretary for record.

The following communication was received:

Department of State Police

June 30, 2011

The 2010 Michigan Annual Drunk Driving Audit provides detailed information concerning traffic fatalities and injuries, as well as arrest activities that are part of ongoing efforts to reduce drunk driving in our state. Alcohol and/or drug related fatal crashes remain a significant traffic safety issue, with approximately 38 percent of the total fatal crashes involving alcohol and/or drugs.

The crash data displayed for each county are 2010 traffic crash statistics. The Michigan Department of State Police, Criminal Justice Information Center, maintains the state’s central repository for all crash data collected in Michigan. The crash data is housed in the Traffic Crash Reporting System and the Drunk Driving Audit is created using this data.

A reportable crash in Michigan is defined as: a motor vehicle that is in transport on the roadway that results in death, injury or property damage of $1,000 or more. In addition, a crash is reported for any snowmobile or off-road vehicle (ORV) with damage of $100 or more, whether on the roadway or off the roadway.

The Michigan Annual Drunk Driving Audit was compiled with information and data provided by the Michigan Department of State Police, the Michigan Department of State, and the Michigan Department of Transportation. We appreciate the teamwork, assistance and dedication of each of these departments in helping to make Michigan’s roads safe. We look forward to our continued partnership.

Questions regarding Section I (Traffic Crash and Arrest Data) should be directed to the Michigan Department of State Police, Criminal Justice Information Center, Traffic Crash Reporting Section at (517) 241-1699. Questions regarding Section II (Conviction Disposition Data) should be directed to the Michigan Department of State at (517) 322-1598.

As you review this report, please feel free to contact the Traffic Crash Reporting Section at (517) 241-1699 with your suggestions and ideas.

Colonel Kriste Kibbey Etue

Director

The communication was referred to the Secretary for record.

The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from January 1, 2011 through March 31, 2011, and are available in the Secretary’s office during business hours for public inspection:

Committee Chairperson

Agriculture Senator Joe Hune

Appropriations Senator Roger Kahn

Banking and Financial Institutions Senator Darwin Booher

Economic Development Senator Mike Kowall

Education Senator Phil Pavlov

Energy and Technology Senator Mike Nofs

Families, Seniors and Human Services Senator Judy Emmons

Finance Senator Jack Brandenburg

Government Operations Senator Randy Richardville

Health Policy Senator Jim Marleau

Insurance Senator Joe Hune

Judiciary Senator Rick Jones

Local Government and Elections Senator David Robertson

Natural Resources, Environment and Great Lakes Senator Tom Casperson

Outdoor Recreation and Tourism Senator Goeff Hansen

Redistricting Senator Joe Hune

Reforms, Restructuring and Reinventing Senator Mark Jansen

Regulatory Reform Senator Tory Rocca

Transportation Senator Tom Casperson

Veterans, Military Affairs and Homeland Security Senator John Moolenaar

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senators Pavlov, Richardville and Booher 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 10:08 a.m.

10:16 a.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

During the recess, Senator Pavlov introduced the St. Clair High School Baseball Team, 2011 Division 2 State Champions; and Head Coach William McElreath.

Coach McElreath responded briefly.

During the recess, Senators Hunter and Young entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 30:

House Bill Nos. 4295 4296 4298 4349 4403 4464 4503 4504 4505 4506 4699

The Secretary announced the enrollment printing and presentation to the Governor on Friday, July 1, for his approval the following bill:

Enrolled Senate Bill No. 398 at 10:14 a.m.

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, July 6, for his approval the following bills:

Enrolled Senate Bill No. 46 at 2:16 p.m.

Enrolled Senate Bill No. 207 at 2:18 p.m.

Enrolled Senate Bill No. 215 at 2:20 p.m.

Enrolled Senate Bill No. 287 at 2:22 p.m.

Enrolled Senate Bill No. 138 at 2:24 p.m.

Enrolled Senate Bill No. 24 at 2:26 p.m.

Enrolled Senate Bill No. 165 at 2:28 p.m.

Enrolled Senate Bill No. 350 at 2:30 p.m.

Enrolled Senate Bill No. 371 at 2:32 p.m.

Enrolled Senate Bill No. 333 at 2:34 p.m.

Enrolled Senate Bill No. 28 at 2:36 p.m.

Enrolled Senate Bill No. 229 at 2:38 p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, July 7, for his approval the following bills:

Enrolled Senate Bill No. 346 at 10:23 a.m.

Enrolled Senate Bill No. 422 at 10:25 a.m.

Enrolled Senate Bill No. 441 at 10:27 a.m.

Enrolled Senate Bill No. 442 at 10:29 a.m.

Enrolled Senate Bill No. 446 at 10:31 a.m.

Enrolled Senate Bill No. 223 at 10:33 a.m.

The Secretary announced that the following official bills were printed on Thursday, June 30, and are available at the legislative website:

Senate Bill Nos. 535 536 537 538 539 540 541 542

House Bill No. 4834

The Secretary announced that the following official bills were printed on Friday, July 1, and are available at the legislative website:

Senate Bill Nos. 543 544 545 546 547 548 549 550 551 552 553 554 555 556

557 558 559 560

House Bill Nos. 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 4847 4848

4849 4850 4851 4852 4853 4854 4855 4856 4857

Senator Meekhof moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No. 4747

House Bill No. 4748

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 10:17 a.m.

11:07 a.m.

The Senate was called to order by the President, Lieutenant Governor Calley.

Messages from the Governor

The following message from the Governor was received:

Date: July 1, 2011

Time: 11:41 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 398 (Public Act No. 72), being

An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 3204 and 3205e (MCL 600.3204 and 600.3205e), section 3204 as amended by 2009 PA 29 and section 3205e as added by 2009 PA 31.

(Filed with the Secretary of State on July 1, 2011, at 11:55 a.m.)

Respectfully,

Brian Calley

Acting and Lieutenant Governor

The following message from the Governor was received on June 29, 2011, and read:

EXECUTIVE ORDER

2011-8

Department of Education

Department of Human Services

Michigan Office of Great Start

Executive Reorganization

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and

WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and

WHEREAS, Section 3 of Article VIII of the Michigan Constitution of 1963, section 14 of Act No. 287 of the Public Acts of 1964, as amended, being section 388.1014 of the Michigan Compiled Laws, and section 305 of Act No. 380 of the Public Acts of 1965, as amended, being section 16.405 of the Michigan Compiled Laws, provide that the Superintendent of Public Instruction is the principal executive and administrative officer of the Department of Education; and

WHEREAS, there is a need to create a coherent system of health and early learning that aligns, integrates and coordinates Michigan’s investments from prenatal to third grade; and

WHEREAS, Michigan’s early childhood development programs and funding are fragmented across state government; and

WHEREAS, Michigan’s approach to investing in school readiness and early elementary success should be values-based and founded on sound scientific and economic evidence; and

WHEREAS, we must refocus the state’s early childhood investment, policy, and administrative structures by adopting a single set of early childhood outcomes and measuring performance against those outcomes; and

WHEREAS, Michigan children should be developmentally ready to succeed at the time of school entry;

NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

I. MICHIGAN OFFICE OF GREAT START

A. The Michigan Office of Great Start is created within the Michigan Department of Education.

B. The Superintendent of Public Instruction shall exercise all administrative powers, duties, functions, and responsibilities of the Michigan Office of Great Start.

C. All authority, powers, duties, functions, and responsibilities of the Office of Child Development and Care within the Department of Human Services, including the functions of budgeting, procurement, and management-related functions, are transferred to the Michigan Office of Great Start.

D. All authority, powers, duties, functions, and responsibilities of the Head Start Collaboration Office within the Department of Human Services, including the functions of budgeting, procurement, and management-related functions, are transferred to the Michigan Office of Great Start.

E. All authority, powers, duties, functions, and responsibilities of the Office of Early Childhood Education and Family Services within the Michigan Department of Education, including the functions of budgeting, procurement, and management-related functions, are transferred to the Michigan Office of Great Start.

II. MISCELLANEOUS

A. All rules, orders, opinions, contracts, and agreements relating to the functions of the Office of Child Development and Care, the Head Start Collaboration Office, and the Office of Early Childhood Education and Family Services, transferred to the Michigan Office of Great Start under this Order, and lawfully adopted prior to the issuance of this Order, shall continue to be effective until revised, amended, or rescinded.

B. All records, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Department of Human Services and the Department of Education for the activities, powers, duties, functions, and responsibilities transferred under this Order, are transferred to the Michigan Office of Great Start.

C. The Superintendent of Public Instruction shall provide executive direction and supervision for the implementation of the transfers. The Superintendent of Public Instruction shall administer the assigned functions in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

D. The State Budget Director shall determine the most efficient manner possible for handling financial transactions and records in the state’s financial management system necessary for the implementation of this Order.

E. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.

F. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order.

G. The Superintendent of Public Instruction and the Director of the Department of Human Services shall immediately initiate coordination to facilitate the transfers set forth in this Order and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Departments of Human Services and Education.

H. The Director of the Department of Community Health (“Department”) shall coordinate with the Superintendent of Public Instruction concerning administration of the programs and services the Department provides that affect early childhood development. The programs and services the Department provides shall to the extent practicable complement and support the efforts of the Office of Great Start, and the Department and the Superintendent shall utilize their early childhood resources in a coordinated fashion.

In fulfilment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order shall be effective 60 days after the filing of this Order.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 29th day of June in the Year of our Lord, two thousand eleven.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following message from the Governor was received on June 30, 2011, and read:

EXECUTIVE ORDER

2011-9

Abolishing the Michigan Child Support Leadership Council

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and

WHEREAS, the Michigan Child Support Leadership Council issued its annual report and recommendations on May 6, 2011; and

WHEREAS, the Michigan Child Support Leadership Council has completed the mission that the Governor and the Michigan Supreme Court jointly set for it when it was created in 2002; and

WHEREAS, the Council, by letter dated May 6, 2011, has asked that the Governor and the Michigan Supreme Court abolish the Council in light of the fact that it has accomplished its mission; and

WHEREAS, the Michigan Supreme Court has adopted Administrative Order 2011-2 concurrent with this Order to bring about the dissolution of the Council.

NOW THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

The Michigan Child Support Leadership Council created as an advisory body to the Executive Office of the Governor and the Michigan Supreme Court under Executive Order 2002-7 and Supreme Court Administrative Order 2002-1 is abolished. Executive Order 2002-7 is rescinded.

The provisions of the Order are effective upon filing.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 30th day of June in the Year of our Lord, two thousand eleven.

Richard D. Snyder

Governor

By the Governor:

Ruth A. Johnson

Secretary of State

The executive order was referred to the Committee on Government Operations.

The following messages from the Governor were received and read:

June 29, 2011

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

Michigan Board of Real Estate Brokers and Salespersons

Matthew A. Davis of 708 Wright Lane, Marshall, Michigan 49068, county of Calhoun, representing real estate brokers and salespersons, succeeding Brian T. Huggler, is appointed for a term expiring June 30, 2015.

James D. Lance of 90 Guest Street, Battle Creek, Michigan 49017, county of Calhoun, representing the general public, succeeding Kyrian Nwabueze Nwagwu, is appointed for a term expiring June 30, 2015.

June 30, 2011

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

Commissioner, Interstate Commission for Juveniles

Ted G. Forrest of 5423 Jo Pass, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring at the pleasure of the Governor.

July 1, 2011

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

Chair, Michigan Compensation Appellate Commission

Jack F. Wheatley of 1439 S. Main Street, Royal Oak, Michigan 48067, county of Oakland, is appointed for a term expiring at the pleasure of the Governor.

Michigan Compensation Appellate Commission

Patricia L. Halm of 5521 McCourt Street, Lansing, Michigan 48911, county of Ingham, is appointed for a term expiring July 31, 2013.

Lester A. Owczarski of 5817 Glen Eagles Drive, West Bloomfield, Michigan 48323, county of Oakland, is appointed for a term expiring July 31, 2013.

Danielle M. Brown of 1424 Stonetree Drive, Troy, Michigan 48083, county of Oakland, is appointed for a term expiring July 31, 2013.

George H. Wyatt, III, of 706 Snyder Road, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring July 31, 2014.

L’Mell M. Smith of 2300 Montego Drive, Lansing, Michigan 48912, county of Ingham, is appointed for a term expiring July 31, 2014.

Jack F. Wheatley of 1439 S. Main Street, Royal Oak, Michigan 48067, county of Oakland, is appointed for a term expiring July 31, 2014.

Neal A. Young of 1136 Cadillac Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, is appointed for a term expiring July 31, 2015.

Gregory A. Przybylo of 4281 Farm Meadows Court, Okemos, Michigan 48864, county of Ingham, is appointed for a term expiring July 31, 2015.

Garry L. Goolsby of 914 W. Ionia Street, Lansing, Michigan 48915, county of Ingham, is appointed for a term expiring July 31, 2015.

July 6, 2011

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

Michigan Board of Pharmacy

Patricia A. Smeelink of 7606 Aspenwood, Ada, Michigan 49301, county of Kent, representing pharmacists, succeeding Suhair B. Farida, is appointed for a term expiring June 30, 2015.

Nichole L. Penny of 55670 Resort Road, Three Rivers, Michigan 49508, county of St. Joseph, representing pharmacists, succeeding Gwenesia Collins, is appointed for a term expiring June 30, 2015.

Suit Hing (Mary) Moy-Sandusky of 2923 Baylis Drive, Ann Arbor, Michigan 48108, county of Washtenaw, representing pharmacists, succeeding David Bach, is appointed for a term expiring June 30, 2015.

Patricia J. Harney of 1327 Moreland Street, Grand Haven, Michigan 49417, county of Ottawa, representing the general public, succeeding Ilene Hartman-Abramson, is appointed for a term expiring June 30, 2015.

July 7, 2011

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

Farm Produce Insurance Authority Board

Paul A. Koeman of 5792 136th Street, Hamilton, Michigan 49419, county of Allegan, representing producers from the largest Michigan organization representing farm interests of Michigan, succeeding Carl J. Bednarski, is appointed for a term expiring June 20, 2014.

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, Lieutenant Governor Calley, designated Senator Warren as Chairperson.

After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No. 356, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4702 (MCL 600.4702), as amended by 2002 PA 142.

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:

House Bill No. 4409, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57, 57a, 57b, 57c, 57d, 57e, 57g, 57i, 57l, 57p, 57q, 57r, and 57u (MCL 400.57, 400.57a, 400.57b, 400.57c, 400.57d, 400.57e, 400.57g, 400.57i, 400.57l, 400.57p, 400.57q, 400.57r, and 400.57u), section 57 as amended and section 57p as added by 2006 PA 471, section 57a as amended by 1999 PA 26, section 57b as amended and sections 57q and 57u as added by 2006 PA 468, section 57c as added by 1995 PA 223, sections 57d, 57g, and 57r as amended by 2007 PA 9, section 57e as amended by 2006 PA 469, section 57i as added by 2000 PA 478, and section 57l as added by 1999 PA 17; and to repeal acts and parts of acts.

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:

House Bill No. 4410, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57f (MCL 400.57f), as amended by 2006 PA 468.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 4409

House Bill No. 4410

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

The following bill was read a third time:

House Bill No. 4409, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57, 57a, 57b, 57c, 57d, 57e, 57g, 57i, 57l, 57p, 57q, 57r, and 57u (MCL 400.57, 400.57a, 400.57b, 400.57c, 400.57d, 400.57e, 400.57g, 400.57i, 400.57l, 400.57p, 400.57q, 400.57r, and 400.57u), section 57 as amended and section 57p as added by 2006 PA 471, section 57a as amended by 1999 PA 26, section 57b as amended and sections 57q and 57u as added by 2006 PA 468, section 57c as added by 1995 PA 223, sections 57d, 57g, and 57r as amended by 2007 PA 9, section 57e as amended by 2006 PA 469, section 57i as added by 2000 PA 478, and section 57l as added by 1999 PA 17; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Gregory offered the following amendments:

1. Amend page 29, line 12, by inserting “(1)”.

2. Amend page 30, following line 5, by inserting:

“(2) ANY MONTH IN WHICH THE UNEMPLOYMENT RATE IN THE COUNTY IN WHICH THE RECIPIENT RESIDES IS 25% ABOVE THE STATE AVERAGE FOR UNEMPLOYMENT SHALL NOT BE COUNTED TOWARD THE CUMULATIVE TOTAL OF 48 MONTHS IN A LIFETIME FOR FAMILY INDEPENDENCE PROGRAM ASSISTANCE.”.

The amendments were not adopted, a majority of the members serving not voting therefor.

Senator Whitmer requested the yeas and nays.

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

The amendments were not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 444 Yeas—13

Anderson Hansen Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Gregory

Nays—23

Booher Green Kowall Proos

Brandenburg Hildenbrand Marleau Richardville

Casperson Hune Meekhof Robertson

Caswell Jansen Moolenaar Rocca

Colbeck Jones Nofs Walker

Emmons Kahn Pavlov

Excused—2

Pappageorge Schuitmaker

Not Voting—0

In The Chair: President

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. 445 Yeas—24

Booher Green Kahn Pavlov

Brandenburg Hansen Kowall Proos

Casperson Hildenbrand Marleau Richardville

Caswell Hune Meekhof Robertson

Colbeck Jansen Moolenaar Rocca

Emmons Jones Nofs Walker

Nays—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Excused—2

Pappageorge Schuitmaker

Not Voting—0

In The Chair: President

Senator Meekhof moved that the bill be given immediate effect.

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

Senator Meekhof moved that the bill be given immediate effect.

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

Senator Meekhof moved that further consideration of the bill be postponed for the day.

The motion prevailed.

Protests

Senators Hood and Gregory, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4409 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”

The motion prevailed.

Senator Hood’s statement is as follows:

A couple of weeks ago, I stood before you and asked a question on a piece of legislation, and I never got an answer. I ask that question again today: Do we know what we’re doing? Do we know the people whom we are going to impact by passing this legislation before us? If we do know what we are doing, I think we need to step back and look at it. On the drive to the Capitol, sometimes you lose what it means to represent. I don’t see that representation in this legislation here.

The hardworking men and women of this state need our help. I know, with the budget issues that we have, it is sometimes difficult to get them that help. In the past couple of months, with the budget we passed, we gave tax breaks to big business, and now we are going to take and hurt the hardworking people of the state of Michigan.

My question is: What is going to happen to these folks? Has anybody thought about that? On the day of enactment of this legislation, approximately 12,000 folks will be impacted. Where will those 12,000 people go the next day? Where are they going to go to get food? Do we really understand what we’re doing? We can figure out how to do everything else around here, but we can’t figure out how to put food on the table of our citizens. Maybe we can’t help them 100 percent, but as we voted down the amendments of the Senator from the 14th District, we’re not even offering any help at all. It is not that they are asking for help; they just need the help. They have fallen upon hard times because of the economy and loss of jobs. It still begs the question of what’s going to happen to them the next day.

Just imagine yourself sitting there with your children, your wife, your family, and a parent you are taking care of with no food on the table. You have babies crying because they are hungry and don’t have any food. What is a man or a woman sitting at that table going to say to their children when they say they are hungry? What are you going to say? Well, you are just going to have to go without because I don’t have the resources. I just ask that question: What are we going to do? You are only one paycheck from being in that same situation. You are only one mishap in your life from being in that situation. In the twinkling of an eye, your life can change. Think about it. You may be in that situation. What are you going to do, and what are you going to say to your children?

I stand here before you today and I oppose this legislation. I do understand the economic times and the budget difficulties that we are having. This is not the answer. I think we need to look deep within ourselves to find the answer. We should not take the easy way out and throw people to the curb. I ask my colleagues to please look at this. I stand here as a “no” vote and not just a “no” vote. I say let’s sit down and figure out a way that we can help these people. Like I said, maybe not 100 percent, but we could do something to assist them so that we don’t have hungry kids.

Studies show that when children have adequate food, they perform better in the classroom. So when these kids don’t perform in classrooms, we want to throw them to the side again. Then they end up in other situations. The worst situation would be ending up in our correctional facilities. We know our correctional facilities are the largest budget in our state. If we are trying to bring that budget down, we are not doing anything today to help that out.

I ask for a “no” vote from my colleagues. I ask that we sit down and find a better way to do this.

Senator Gregory’s statement is as follows:

I am deeply concerned about the impact of House Bill No. 4409. The 48-month cap on benefits with few exceptions, no extensions, and harsher sanctions will result in families losing much-needed assistance during the worst economic downturn in years and will be the strictest limit in the Midwest. Many states in this Midwest region have 60-month limits.

The cap will affect families who live in the highest unemployment areas of the state, many of whom are working and complying with their family self-sufficiency plan. We should be lifting up our families and encouraging them to self-sufficiency. This cap will do just the opposite. Even if they can’t find work because of the terrible labor market and other barriers that are beyond their control, they will no longer be able to apply for an extension. They aren’t just families in urban areas or Democratic districts. In fact, it is almost the complete opposite. There are people who reside almost entirely in rural areas, northern Michigan, and the Upper Peninsula.

It is patently unfair that while this body and this administration has done little to create jobs and help those who are looking for work, you would deem it fit to pull the rug out from under those who are struggling to find work and doing their best to support their families on low-paying and part-time jobs.

These bills will cause about 12,000 Michigan families to lose their Family Independence Program grants in the next year. About 90 percent of these families are working poor who are unemployed and part-time in low-wage jobs, often trying to support children and just barely getting by. We are pushing many of these families into homelessness when we already have over 20,000 homeless children in Michigan today, and almost 7,000 of them are under the age of 5.

While many families are struggling to get by, now is not the time to institute such draconian measures to save the state money. We need to help these families, many of which are working families, keep food on the table for their children and help with basic needs. I would ask my colleagues to reconsider their positions. I would ask for a “no” vote on House Bill No. 4409.

The following bill was read a third time:

House Bill No. 4410, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57f (MCL 400.57f), as amended by 2006 PA 468.

The question being on the passage of the bill,

Senator Gregory offered the following amendments:

1. Amend page 6, line 9, after “OF” by striking out “60” and inserting “90”.

2. Amend page 6, line 10, after “TO” by striking out “60” and inserting “90”.

The amendments were not adopted, a majority of the members serving not voting therefor.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No. 446 Yeas—24

Booher Green Kahn Pavlov

Brandenburg Hansen Kowall Proos

Casperson Hildenbrand Marleau Richardville

Caswell Hune Meekhof Robertson

Colbeck Jansen Moolenaar Rocca

Emmons Jones Nofs Walker

Nays—12

Anderson Gregory Hunter Warren

Bieda Hood Johnson Whitmer

Gleason Hopgood Smith Young

Excused—2

Pappageorge Schuitmaker

Not Voting—0

In The Chair: President

Senator Meekhof moved that the bill be given immediate effect.

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

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

Senator Meekhof moved that the bill be given immediate effect.

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

Senator Meekhof moved that further consideration of the bill be postponed for the day.

The motion prevailed.

By unanimous consent the Senate returned to the order of

Messages from the House

Senator Meekhof moved that rule 3.202 be suspended to permit immediate consideration of the following bill:

Senate Bill No. 7

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

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.

The House of Representatives has substituted (H-6) the bill.

The House of Representatives has passed the bill as substituted (H-6), ordered that it be given immediate effect and amended the title to read as follows:

A bill to limit a public employer’s expenditures for employee medical benefit plans; to provide the power and duties of certain state agencies and officials; to provide for exceptions; and to provide for sanctions.

The question being on concurring in the substitute made to the bill by the House,

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No. 447 Yeas—0

Nays—36

Anderson Green Johnson Proos

Bieda Gregory Jones Richardville

Booher Hansen Kahn Robertson

Brandenburg Hildenbrand Kowall Rocca

Casperson Hood Marleau Smith

Caswell Hopgood Meekhof Walker

Colbeck Hune Moolenaar Warren

Emmons Hunter Nofs Whitmer

Gleason Jansen Pavlov Young

Excused—2

Pappageorge Schuitmaker

Not Voting—0

In The Chair: President

By unanimous consent the Senate returned to the order of

General Orders

Senator Meekhof moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Warren 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. 357, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3801 (MCL 600.3801), as amended by 1988 PA 2.

Senate Bill No. 358, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2010 PA 362.

Senate Bill No. 162, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2009 PA 99, and by adding section 811r.

Senate Bill No. 472, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36105 and 36106 (MCL 324.36105 and 324.36106), as amended by 2002 PA 75.

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. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137.

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:

House Bill No. 4748, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2009 PA 136.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 4747

House Bill No. 4748

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

The following bill was read a third time:

House Bill No. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137.

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. 448 Yeas—32

Anderson Green Johnson Pavlov

Bieda Gregory Jones Proos

Booher Hansen Kahn Richardville

Brandenburg Hildenbrand Kowall Robertson

Casperson Hopgood Marleau Smith

Colbeck Hune Meekhof Walker

Emmons Hunter Moolenaar Warren

Gleason Jansen Nofs Whitmer

Nays—3

Caswell Rocca Young

Excused—2

Pappageorge Schuitmaker

Not Voting—1

Hood

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.

The following bill was read a third time:

House Bill No. 4748, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2009 PA 136.

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. 449 Yeas—34

Anderson Gregory Jones Proos

Bieda Hansen Kahn Richardville

Booher Hildenbrand Kowall Robertson

Brandenburg Hood Marleau Rocca

Casperson Hopgood Meekhof Smith

Colbeck Hune Moolenaar Walker

Emmons Hunter Nofs Warren

Gleason Jansen Pavlov Whitmer

Green Johnson

Nays—2

Caswell Young

Excused—2

Pappageorge Schuitmaker

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 title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 34

Senate Concurrent Resolution No. 10

Senate Resolution No. 67

Senate Resolution No. 57

The motion prevailed.

Senator Meekhof moved that consideration of the following resolution be postponed temporarily:

Senate Resolution No. 59

The motion prevailed.

Senator Meekhof moved that rule 3.204 be suspended to permit immediate consideration of the following resolution:

Senate Resolution No. 72

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

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

Senate Resolution No. 73

The resolution consent calendar was adopted.

Senator Kowall offered the following resolution:

Senate Resolution No. 73.

A resolution to commemorate August 2011 as Automotive Heritage Month in the state of Michigan.

Whereas, Michigan inventors put the world on wheels and established the state as the world headquarters for the auto industry. Their actions and inventions have enriched and touched all our lives; and

Whereas, Michigan is synonymous with “Motor City” and talk of the automobile; and

Whereas, It was Michigan’s automotive heritage and prowess that led to President Franklin D. Roosevelt labeling the state as the “Arsenal of Democracy”; and

Whereas, Despite facing the most brutal and unrelenting economic times in our industrial history, Michigan is still home to 89 automotive facilities and has the highest automotive industry employment in the country, with 22 percent of the state’s total workforce either directly or indirectly tied to the industry; and

Whereas, The Woodward Dream Cruise is the world’s largest one-day celebration of classic car culture, attracting more than one million visitors, and more than 40,000 muscle cars, street rods, custom, collector, and special interest vehicles to Michigan every year; and

Whereas, As united citizens and automobile enthusiasts, we celebrate Michigan’s automotive heritage with pride and great esteem; now, therefore, be it

Resolved by the Senate, That we hereby commemorate August 2011 as Automotive Heritage Month in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to members of the Woodward Dream Cruise Board, whose efforts to honor our state’s great automotive heritage through the nation’s largest automotive heritage cruise event serve as an important showcase to honor our past and encourage people to invest in our future.

Senators Jansen and Hildenbrand offered the following resolution:

Senate Resolution No. 72.

A resolution memorializing the life of Betty Ford, former First Lady.

Whereas, We measure America’s first ladies, in part, by how they mold and shape the circumstances they inherit. Betty Ford became known to the American public when her husband Gerald Ford took the oath of office on August 9, 1974; and

Whereas, With the exception of Abraham Lincoln and Franklin D. Roosevelt, no president has inherited a situation as difficult as that which faced President Ford. The United States was mired in an unpopular war halfway around the world that had divided the country and had produced much anger, resentment, and mistrust. For the first and only time, a president had resigned his office in disgrace in the wake of the worst political scandal in our history; and

Whereas, Unlike Lincoln and Roosevelt, who had a full four months to prepare between their elections and inaugurations, Mr. Ford was notified by President Nixon that he was resigning with only one day’s notice. Gerald Ford had never aspired to the presidency, nor sought national office. He had spent a quarter of a century as a member of Congress, serving longer on Capitol Hill than any other American president; and

Whereas, Born April 8, 1918, in Chicago and raised in a working class family in Grand Rapids, Michigan, Mrs. Ford’s formative years proved valuable in helping her take on the challenges America asked of her. Thrust into the position of First Lady, Betty Ford exhibited several defining qualities that helped her husband heal a nation and made her one of the most successful and accomplished first ladies in our nation’s history; and

Whereas, During her tenure as First Lady, Betty Ford tackled many public issues that were important to her. She was an outspoken advocate of women’s rights and encouraged the appointment of more women to senior government posts. She supported the U.N. International Women’s Year in 1975, and supported passage of the Equal Rights Amendment; and

Whereas, She promoted programs for handicapped children and brought public attention to the importance of the performing arts. While in the White House, Mrs. Ford encouraged her husband’s decision to present the Presidential Medal of Freedom to her mentor, Martha Graham, the first dancer so honored; and

Whereas, In 1978 after leaving the White House, her prescription drug and alcohol use led to a family intervention and her self-admittance to Long Beach Naval Hospital for treatment. In facing her personal problems, Betty Ford again dealt openly and honestly with the public. Her 1978 autobiography, The Times of My Life, chronicled her life through the White House years and concluded with a candid, unplanned chapter on her admittance to Long Beach. Her second book, Betty: A Glad Awakening, published in 1987, recounted her experience of recovery from chemical dependency. She became an active and outspoken champion of improved awareness, education, and treatment for alcohol and other drug dependencies; and

Whereas, In 1982, Betty Ford founded the non-profit Betty Ford Center at the Eisenhower Medical Center in Rancho Mirage, California. Mrs. Ford worked tirelessly to raise funds and to help research and design treatments to assist men, women, and families in recovery from alcoholism and other drug dependency. Today The Betty Ford Center is regarded as one of the most outstanding treatment facilities in the world; and

Whereas, Mrs. Ford has been the recipient of many honors and awards. In 1991 President George H. W. Bush presented her with the Presidential Medal of Freedom for providing “selfless, strong, and refreshing leadership on a number of issues.” In 1999 President and Mrs. Ford were awarded the Congressional Gold Medal for “dedicated public service and outstanding humanitarian”; now, therefore, be it

Resolved by the Senate, that we offer this expression of highest tribute to honor the memory of Betty Ford, former First Lady; and be it further

Resolved, That copies of this resolution be transmitted to the Ford family as evidence of our highest esteem.

The question being on the adoption of the resolution,

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

The motion prevailed.

Senator Jansen’s statement is as follows:

Today, we mourn the loss of a former First Lady, Betty Ford. We measure America’s first ladies by how they mold and shape the circumstances they inherit. Today, we do mourn the loss of an amazing First Lady from the state of Michigan, Betty Ford. She suddenly entered the spotlight on August 9, 1974, when her husband Gerald Ford took the presidential oath of office.

With the exception of Abraham Lincoln and Franklin D. Roosevelt, no President has inherited a situation as difficult as that which faced President Ford. The United States was mired in an unpopular war halfway around the world that had divided the country and had produced much anger, resentment, and mistrust. For the first and only time, a President had resigned his office in disgrace.

Unlike Lincoln and Roosevelt, who had a full four months to prepare between their elections and inaugurations, Mr. Ford was notified by President Nixon that he was resigning with only one day’s notice. He and his wife were thrust into the whirlwind.

Raised in a working-class family in Grand Rapids, Michigan, Betty Ford’s formative years proved valuable in helping her tackle big challenges. Thrust into the limelight, Betty Ford exhibited several defining qualities that helped her husband heal a nation and made her one of the most successful and accomplished first ladies in our nation’s history.

During her tenure as First Lady, Betty Ford tackled many public issues that were important to her. In 1978, after leaving the White House, her prescription drug and alcohol use led to a family intervention and her self-admittance to Long Beach Naval Hospital for treatment. In facing her personal problems, Betty Ford again dealt openly and honestly with the public. She became an active and outspoken champion of improved awareness, education, and treatment for alcohol and other drug dependencies.

In 1982, Betty Ford founded the nonprofit Betty Ford Center at the Eisenhower Medical Center in Rancho Mirage, California. Mrs. Ford worked tirelessly to raise funds and to help research and design treatments to assist men, women, and families in recovery from alcoholism and other drug dependency. Today, the Betty Ford Center is regarded as one of the most outstanding treatment facilities in the world.

Mrs. Ford has been the recipient of many honors and awards. In 1991, President George H.W. Bush presented her with the Presidential Medal of Freedom for providing selfless, strong, and refreshing leadership on a number of issues. In 1999, President and Mrs. Ford were awarded the Congressional Gold Medal for dedicated public service and outstanding humanitarian contributions.

Viewed through the lens of history, she succeeded as First Lady. Her actions, stewardship, and tireless advocacy helped heal a nation and opened a dialogue that has saved the lives of countless Americans. She and her husband restored through their unquestioned character Americans’ confidence in the integrity and decency of their political leaders.

Betty Ford’s warmth and integrity left her with many friends. Betty Ford helped build a solid foundation for the future while helping to heal a troubled nation. She deserves America’s admiration, as well as its respect. I ask that the Senate join me in a moment of silence in Mrs. Ford’s honor.

A moment of silence was observed in memory of former First Lady Betty Ford.

By unanimous consent the Senate returned to consideration of the following resolution:

Senate Resolution No. 59.

A resolution to memorialize Congress to modernize the Toxic Substances Control Act (TSCA).

The question being on the adoption of the resolution,

Senator Warren offered the following substitute:

A resolution to memorialize Congress to modernize the Toxic Substances Control Act (TSCA).

Whereas, Billions of pounds of chemicals are manufactured or imported in the United States each day for use in industrial processes or in the manufacture of commercial products. Many of these useful substances can be hazardous to human health or the environment in certain instances. A growing body of peer-reviewed scientific evidence links exposure to toxic chemicals to many diseases and health conditions that are rising in incidence, including childhood cancers, prostate cancer, breast cancer, learning and developmental disabilities, infertility, and obesity. Children and the developing fetus are uniquely vulnerable to the health threats of toxic chemicals. Early-life chemical exposures have been linked to chronic disease later in life. American consumers deserve to have confidence that the products they buy are safe; and

Whereas, A federal chemical management program should make protecting the public health, including children’s health, its highest priority. Strict government oversight through a chemical management program should also strive to preserve America’s role as the world’s leading innovator and employer in the manufacture, use, and commercial distribution of chemicals; and

Whereas, Congress enacted the Toxic Substances Control Act (TSCA) in 1976 to regulate chemicals with the intention of preventing new and mitigating existing public health and environmental hazards. Since that law was enacted 35 years ago, scientific understanding of the public health and environmental impact of chemicals has advanced significantly. These advances in scientific knowledge need to be incorporated into the nation’s chemical management program; and

Whereas, Momentum is growing for Congress to act to modernize TSCA. State policy leadership on chemical management, although outstanding, cannot substitute for congressional leadership to reform TSCA, a reform which all parties agree is urgently needed. Federal action should strengthen TSCA to:

(a) Ensure that chemicals are safe;

(b) Require chemical manufacturers to prove that all existing and new chemicals are not harmful to human health;

(c) Require chemical manufacturers to provide full information on the health hazards associated with their chemicals, how they are used, and the ways that the public or workers could be exposed;

(d) Require that EPA act expeditiously and efficiently in assessing the safe use of chemicals;

(e) Require that all involved in the manufacture, import, processing, distribution, or use of chemicals provide EPA with relevant information to the extent necessary to make safety determinations;

(f) Assure that potential risks to children and other vulnerable populations from exposures to chemicals are considered in the assessment of safe use;

(g) Empower EPA to impose a range of controls to ensure that chemicals are safe;

(h) Require companies and EPA to work together to enhance public access to chemical health and safety information;

(i) Require that EPA rely on scientifically valid data and information, including data and information reflecting modern advances in science and technology;

(j) Enable EPA to have the staff, resources, and regulatory tools it needs to protect public health from harmful chemicals;

(k) Ensure that TSCA becomes a vehicle to promote and encourage technological innovation and the maintenance of a globally-competitive industry in the United States; and

(l) Preserve the rights of Michigan and all states to manage chemicals and protect our citizens; now, therefore, be it

Resolved by the Senate, That we memorialize Congress to modernize the Toxic Substances Control Act; 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.

The substitute was not adopted.

Senator Warren offered the following substitute:

A resolution to memorialize Congress to rewrite the Toxic Substances Control Act (TSCA).

Whereas, Global chemical production is expected to increase four-fold by the year 2050. The chemical industry in the United States currently produces or imports 42 billion pounds of chemical substances per day for use in industrial processes and commercial products. As an industrial center, chemical manufacturers and industrial users of chemicals are important contributors to Michigan’s economy; and

Whereas, Many of these useful substances can be hazardous to human health or the environment in certain instances. A study conducted by the United States Centers for Disease Control and Prevention regularly documents the presence of countless hazardous chemicals in the blood, tissues, and other body fluids of children and adults living in every corner of the United States. Workplace exposures to hazardous chemicals are known to cause chronic disease and shorten life expectancy. Minority, immigrant, and low-income populations are often at greater risk from hazardous chemical exposures because of where they work and live; and

Whereas, Congress enacted the Toxic Substances Control Act in 1976 to regulate chemicals with the intention of preventing new hazards and mitigating existing hazards. Critical analyses conducted by the National Academy of Sciences, U.S. General Accounting Office, U.S. Government Accountability Office, and other entities have found that the federal law has fallen short of its objectives to assess chemical hazards and control those of greatest concern. Critics conclude the federal law needs to be updated to make more effective use of market and regulatory forces that drive investment, research, and education in green chemistry. The update is also needed to keep pace with actions by individual states and members of the European Union that are driving global interest in green chemistry; and

Whereas, The United States has an opportunity to address longstanding weaknesses in federal law and modernize the regulatory approach to position the nation and Michigan to capitalize on green chemistry initiatives. Requirements to generate and disclose information used in hazard assessments should be strengthened. Hazard assessments should identify chemicals that may be safer substitutes for other chemicals and identify chemicals with the greatest potential or actual risks to public health, particularly vulnerable populations, and the environment. Mechanisms to motivate investment in industrial and commercial application of green chemistry, including technology development and transfer, education, and technical assistance, should also be included in a rewrite of the federal law; now, therefore, be it

Resolved by the Senate, That we memorialize Congress to rewrite the Toxic Substances Control Act; 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.

The substitute was not adopted.

The resolution was adopted.

Senate Concurrent Resolution No. 16.

A concurrent resolution prescribing the legislative schedule.

(For text of resolution, see Senate Journal No. 61, p. 1964.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

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

The motion prevailed.

Senator Booher’s statement is as follows:

It is with some sadness that I stand before this body to recognize and honor the contributions of my legislative director Ryan Wenburg. Ryan has been serving members of the Legislature for the last 14 years. Ryan has received a higher calling. Some may rank politics and politicians at the bottom and would think that any other job is a higher calling, but Ryan is leaving us to pursue a full-time career in ministry as a pastor. I am being joined by Representatives Sandy and Bill Caul. Bill came in with me and we were the two white-haired guys. Ryan served for 12 years with Sandy and Bill. Also joining Ryan is his wife Beth and their daughter Anna.

Ryan will leave behind a lasting legacy that is marked by a thoughtful pursuit of sound public policy and a critical understanding of legislative procedure and the appropriations process, which has been especially challenging in Michigan over the last decade. In fact, Ryan’s signature can be found on over 115 bills, a remarkable 34 of which were signed into law. Of particular note is Public Act 192 of 2008. This act, known as “Mary’s Law,” allows for GPS monitoring of defendants charged with domestic violence. Nearly 20 other states followed Michigan’s lead in this regard.

It is with deep appreciation for the exceptional work, extraordinary dedication, institutional integrity, and valued friendship that Ryan has offered to the state of Michigan in general and the Michigan Legislature in particular. It is with our thanks, including members and staff, that we offer this tribute and expression of our thanks and warmest wishes to Ryan as he takes his intelligence, initiative, devotion, consideration, and talent to the most important of callings, the ministry. Along with the entire Michigan Senate, we express our sincere gratitude to Ryan for a job well done. Would the members, staff, and guests please join me in thanking Ryan for his service to the Michigan Legislature and wish him well in his future.

Introduction and Referral of Bills

Senators Brandenburg, Rocca, Robertson, Caswell, Jones, Nofs and Marleau introduced

Senate Bill No. 561, entitled

A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending sections 5, 7, 13, and 15 (MCL 257.1905, 257.1907, 257.1913, and 257.1915), section 7 as amended by 2000 PA 487; 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 Transportation.

Senators Green, Casperson, Kahn, Hune, Emmons, Kowall, Pavlov, Proos, Brandenburg and Hansen introduced

Senate Bill No. 562, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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

Senators Green, Casperson, Kahn, Hune, Emmons, Kowall, Pavlov, Proos, Brandenburg and Hansen introduced

Senate Bill No. 563, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2008 PA 337.

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

Senator Schuitmaker introduced

Senate Bill No. 564, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 106a (MCL 400.106a), as added by 2003 PA 32.

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

Senators Anderson, Green, Kowall, Hopgood, Bieda, Whitmer, Gregory, Johnson, Hood, Nofs, Hunter and Jansen introduced

Senate Bill No. 565, entitled

A bill to amend 2003 PA 42, entitled “Unsolicited commercial e-mail protection act,” by amending the title and sections 1, 2, 7, and 8 (MCL 445.2501, 445.2502, 445.2507, and 445.2508) and by adding section 6a.

The bill was read a first and second time by title and referred to the Committee on Energy and Technology.

Senator Pappageorge introduced

Senate Bill No. 566, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 5, 88c, and 88h (MCL 125.2005, 125.2088c, and 125.2088h), section 5 as amended by 2008 PA 224 and sections 88c and 88h as added by 2005 PA 225.

The bill was read a first and second time by title and referred to the Committee on Economic Development.

Senator Kowall introduced

Senate Bill No. 567, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8C.

The bill was read a first and second time by title and referred to the Committee on Economic Development.

Senator Hansen introduced

Senate Bill No. 568, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding sections 90c and 90d.

The bill was read a first and second time by title and referred to the Committee on Economic Development.

Senators Richardville, Smith, Marleau, Jansen, Hildenbrand, Whitmer, Bieda, Gleason and Nofs introduced

Senate Bill No. 569, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending sections 29a and 29d (MCL 125.2029a and 125.2029d), as added by 2008 PA 75, and by adding section 29h.

The bill was read a first and second time by title and referred to the Committee on Economic Development.

Senator Green introduced

Senate Bill No. 570, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 13f.

The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.

House Bill No. 4295, entitled

A bill to regulate amateur mixed martial arts; to create the mixed martial arts commission and establish its powers and duties; to provide certain powers and duties for certain state agencies and departments; to license and regulate promoters of amateur mixed martial arts contests and events; to assess certain fees and fines; to establish the amateur mixed martial arts fund and provide for the use of the money in the fund; to authorize the promulgation of rules; and to provide penalties and remedies.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Regulatory Reform.

House Bill No. 4296, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317.

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 Regulatory Reform.

House Bill No. 4298, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2123 and 2124 (MCL 324.2123 and 324.2124), as added by 1995 PA 60, and by adding section 2123a.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

The bill was read a first and second time by title and referred to the Committee on Natural Resources, Environment and Great Lakes.

House Bill No. 4349, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7524 (MCL 333.7524), as amended by 2006 PA 558.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4403, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1313 (MCL 600.1313), as amended by 2004 PA 12.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4464, entitled

A bill to designate the period beginning on September 11 through September 17 of each year as Patriot Week in the state of Michigan.

The House of Representatives has passed the bill.

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

House Bill No. 4503, entitled

A bill to regulate facilities used for raising and hunting of sporting swine; to regulate sporting swine livestock operations as agricultural enterprises in this state; to provide powers and duties of certain state agencies and officials; to authorize the issuance of certain orders; and to prescribe penalties and provide remedies.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4504, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 41102, 41301, and 41302 (MCL 324.40103, 324.41102, 324.41301, and 324.41302), sections 40103 and 41102 as amended by 2000 PA 191, section 41301 as amended by 2009 PA 51, and section 41302 as added by 2009 PA 52.

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 Agriculture.

House Bill No. 4505, entitled

A bill to amend 2000 PA 190, entitled “Privately owned cervidae producers marketing act,” by amending section 5 (MCL 287.955), as amended by 2006 PA 561.

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 Agriculture.

House Bill No. 4506, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12m of chapter XVII (MCL 777.12m), as amended by 2005 PA 54.

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 Agriculture.

House Bill No. 4699, entitled

A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 14 (MCL 287.714), as amended by 2002 PA 458.

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 Agriculture.

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

July 13, 2011

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-6) to Senate Bill 7, appoints the following members to sit on the conference committee:

Senator Mark Jansen

Senator Patrick Colbeck

Senator Coleman A. Young, II

Thank you for your prompt consideration of this matter.

Respectfully yours,

Randy Richardville

Senate Majority Leader

The communication was referred to the Secretary for record.

Committee Reports

The Committee on Agriculture reported

Senate Bill No. 210, entitled

A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122).

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.

Joseph R. Hune

Chairperson

To Report Out:

Yeas: Senators Hune, Booher, Emmons, Hansen and Gleason

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Regulatory Reform reported

House Bill No. 4553, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2203 and 2205 (MCL 339.2203 and 339.2205), as amended by 2008 PA 490.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Tory Rocca

Chairperson

To Report Out:

Yeas: Senators Rocca, Jones, Pavlov, Johnson and Warren

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Regulatory Reform submitted the following:

Meeting held on Thursday, June 30, 2011, at 12:30 p.m., Room 110, Farnum Building

Present: Senators Rocca (C), Jones, Pavlov, Johnson and Warren

Excused: Senators Hune and Meekhof

The Committee on Appropriations reported

House Bill No. 4747, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137.

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.

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Booher, Colbeck, Green, Proos, Walker, Anderson, Gregory, Hood and Hopgood

Nays: Senator Caswell

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Appropriations reported

House Bill No. 4748, entitled

A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2009 PA 136.

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.

Roger Kahn, M.D.

Chairperson

To Report Out:

Yeas: Senators Kahn, Moolenaar, Jansen, Booher, Colbeck, Green, Proos, Walker, Anderson, Gregory, Hood and Hopgood

Nays: Senator Caswell

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Tuesday, July 12, 2011, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Kahn (C), Moolenaar, Jansen, Booher, Caswell, Colbeck, Green, Proos, Walker, Anderson, Gregory, Hood and Hopgood

Excused: Senators Pappageorge, Schuitmaker and Johnson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Thursday, June 30, 2011, at 8:00 a.m., Room 620, Farnum Building

Present: Senators Caswell (C), Jansen, Proos and Gregory

COMMITTEE ATTENDANCE REPORT

The Subcommittee on State Police and Military Affairs submitted the following:

Meeting held on Wednesday, July 13, 2011, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Colbeck (C) and Gregory

Excused: Senator Pappageorge

Scheduled Meetings

State Drug Treatment Court Advisory Committee - Tuesday, July 26, 9:00 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 12:40 p.m.

Pursuant to Senate Concurrent Resolution No. 16, the President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, August 24, 2011, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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