No. 4

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Wednesday, January 20, 2010.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor John D. Cherry, Jr.

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

Allen—present Garcia—present Olshove—present

Anderson—present George—present Pappageorge—present

Barcia—excused Gilbert—present Patterson—present

Basham—present Gleason—present Prusi—present

Birkholz—present Hardiman—present Richardville—present

Bishop—present Hunter—present Sanborn—present

Brater—present Jacobs—present Scott—present

Brown—present Jansen—present Stamas—present

Cassis—present Jelinek—present Switalski—present

Cherry—present Kahn—present Thomas—excused

Clark-Coleman—present Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present Nofs—present

Senator Gilda Z. Jacobs of the 14th District offered the following invocation:

We come to this moment grounded in the sacred bonds of our common humanity. We come united in a vision for a health care future that includes everyone and works well for all of us. Inspired by the shared values from our sacred texts, we envision a society in which everyone is afforded health, wholeness, and human dignity.

As we move through these days of public discourse about our health care future, grant us the humility to learn from each other; the generosity to be faithful stewards of our abundant health care resources; and the compassion to put the needs of hurting people ahead of our financial self-interests.

Empower us with the strength for this journey, that our hearts and minds may be transformed for the common good. Amen.

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

Motions and Communications

Senators Scott and Bishop entered the Senate Chamber.

Senator Anderson moved that Senators Basham and Gleason be temporarily excused from today’s session.

The motion prevailed.

Senator Anderson moved that Senators Barcia and Thomas be excused from today’s session.

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, January 19:

House Bill Nos. 5654 5680

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senators Basham, Gleason and Jansen entered the Senate Chamber.

Senate Bill No. 689, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333 (MCL 333.7333), as amended by 2006 PA 451.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Cropsey 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 Cherry, designated Senator Cherry as Chairperson.

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

Senate Bill No. 883, entitled

A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” (MCL 205.171 to 205.191) by adding section 14a.

The bill was placed on the order of Third Reading of Bills.

Resolutions

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

Senate Resolution No. 41

Senate Resolution No. 75

Senate Resolution No. 88

Senate Concurrent Resolution No. 24

The motion prevailed.

Senator Allen offered the following resolution:

Senate Resolution No. 109.

A resolution to urge the United States Coast Guard to operate a cutter ship out of Charlevoix.

Whereas, The United States Coast Guard used to operate three ships out of Duluth, Port Huron, and Charlevoix until the 2006 decommissioning of the Acacia, which was kept in Charlevoix. Since the Acacia was decommissioned by the United States Coast Guard, no ship has been housed in Charlevoix to replace it; and

Whereas, The United States Coast Guard Cutter Acacia, built in 1944, provided essential navigational, search and rescue, and other services in Lake Michigan. Its work tending to nearly 200 navigation aids and keeping channels open by breaking ice was paramount to public safety; and

Whereas, Reducing the number of ships providing buoy-tending and ice-cutting services continues to be a major concern to the individuals and businesses that relied upon the services of the Acacia; and

Whereas, Charlevoix’s role in lifesaving and promoting safe and efficient transportation on the Great Lakes is well‑established. The Coast Guard has operated a nautical rescue station in Charlevoix since 1889. The work carried out by the Acacia was an important component of these services and a valued resource for the community and the area. The loss of such a vessel has raised tremendous concern about the future of these services and the impact on several levels of the area’s economy; now, therefore, be it

Resolved by the Senate, That we urge the United States Coast Guard to resume operation of a cutter ship out of Charlevoix to replace the lack of services since the decommissioning of the Acacia; and be it further

Resolved, That copies of this resolution be transmitted to the United States Coast Guard 9th District Headquarters in Cleveland, the Secretary of the United States Department of Transportation, the Commandant of the United States Coast Guard, 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 Cropsey 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 Cropsey moved that the resolution be referred to the Committee on Commerce and Tourism.

The motion prevailed.

Senator Kahn offered the following resolution:

Senate Resolution No. 110.

A resolution to urge the Department of Community Health to authorize the ProCare Health Plan of Michigan to insure Medicaid-eligible individuals in Macomb and Oakland Counties.

Whereas, The United Nations estimates 2.2 million Iraqis have fled their homeland since the war in Iraq started in 2003. The international community continues to help Iraqi refugees relocate and return to self-sufficiency in lands foreign to them. The United States already has welcomed thousands of Iraqi refugees and plans to provide safe haven to at least 25,000 more; and

Whereas, Michigan is home to relatives of a great many Iraqi refugees, making the state a likely destination for their settlement. Iraqi refugees are expected to inhabit Macomb and Oakland Counties in particular. Indeed, of the 60,000 Chaldeans now in Macomb County, 16,000 immigrated to the county within the last two years, according to the Chaldean-American Chamber of Commerce and Chaldean Federation of America. Immigrating Iraqis will need government help upon settling in the United States, including reliable health care and health insurance; and

Whereas, ProCare Health Plan of Michigan enjoys a strong relationship with the Chaldean-American community in metropolitan Detroit. Chaldean organizations in Detroit want ProCare Health Plan to insure Medicaid-eligible refugees in Macomb and Oakland Counties. ProCare Health Plan has an expansive physician network, including the prestigious 800-member Wayne State University Physician Group, with health care professionals who speak the native Chaldean and Arabic languages of Iraqi refugees. Communication is vitally important in the delivery of high-quality health care; and

Whereas, ProCare Health is one of 14 Medicaid Health Maintenance Organizations in the state and is endorsed by the Utilization Review Accreditation Committee. The Michigan Department of Community Health has only authorized ProCare Health Plan to serve Medicaid-eligible individuals in Wayne County, while competing HMOs are authorized to provide health care in at least three counties. ProCare Health Plan should be permitted to expand to provide health care in Macomb and Oakland Counties, which would grow their business enterprise and provide health care to a budding population of Iraqi immigrants from an organization familiar to the Chaldean community; now, therefore, be it

Resolved by the Senate, That we urge the Department of Community Health to authorize the ProCare Health Plan of Michigan to insure Medicaid-eligible individuals in Macomb and Oakland Counties; and be it further

Resolved, That copies of this resolution be transmitted to the Governor and the director of the Department of Community Health.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Cropsey 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 Cropsey moved that the resolution be referred to the Committee on Appropriations.

The motion prevailed.

Senator Clarke was named co‑sponsor of the resolution.

Introduction and Referral of Bills

Senators Basham and Hunter introduced

Senate Bill No. 1068, entitled

A bill to amend 1984 PA 274, entitled “Michigan antitrust reform act,” by amending section 4a (MCL 445.774a), as added by 1987 PA 243.

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

Senator Basham introduced

Senate Bill No. 1069, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 69.

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

Senator Switalski introduced

Senate Bill No. 1070, entitled

A bill to amend 1964 PA 183, entitled “An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations,” by amending section 7 (MCL 830.417), as amended by 2005 PA 67.

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

Senators Nofs, Richardville, Hardiman, Cropsey, Kahn and Jansen introduced

Senate Bill No. 1071, entitled

A bill to amend 1994 PA 204, entitled “The children’s ombudsman act,” by amending section 10 (MCL 722.930), as amended by 2004 PA 560.

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

Senators Richardville, George, Bishop, Jansen, Cropsey, Cassis and Jelinek introduced

Senate Bill No. 1072, entitled

A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending sections 2, 5, 6, 8, and 10 (MCL 423.232, 423.235, 423.236, 423.238, and 423.240).

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

Senators Birkholz, Bishop, George, Cropsey, Cassis and Jelinek introduced

Senate Bill No. 1073, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1772) by adding section 168b.

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

Senators Pappageorge, Bishop, Jansen, Cropsey, George and Cassis introduced

Senate Bill No. 1074, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1245.

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

Senators Bishop, Cropsey, George, Pappageorge, Cassis, Gilbert and Jelinek introduced

Senate Bill No. 1075, entitled

A bill to reorganize the executive and administrative agencies of state government; to establish principal state departments and department heads; to allocate executive and administrative powers, duties, functions, and services among the principal state departments; to prescribe the powers and duties of principal state departments and other agencies and officials; 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 Reforms and Restructuring.

Senators Richardville, Nofs, Cropsey, Pappageorge, Kahn, Jansen, Hardiman, Gilbert and Jelinek introduced

Senate Bill No. 1076, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1561 and 1596 (MCL 380.1561 and 380.1596), as amended by 2009 PA 204.

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

House Bill No. 5654, entitled

A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending section 51 (MCL 460.1051).

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 Energy Policy and Public Utilities.

House Bill No. 5680, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 253 (MCL 206.253), as added by 2008 PA 287.

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 Finance.

By unanimous consent the Senate returned to the order of

General Orders

Senator Cropsey 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 Cherry, designated Senator Cherry as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No. 5404, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

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 Cropsey moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 5404

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

The following bill was read a third time:

House Bill No. 5404, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

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. 12 Yeas—31

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Basham Cropsey Jelinek Scott

Birkholz Garcia Kahn Stamas

Bishop George Kuipers Switalski

Brater Gleason Nofs Van Woerkom

Brown Hardiman Olshove Whitmer

Cherry Hunter Pappageorge

Nays—5

Cassis McManus Patterson Sanborn

Gilbert

Excused—2

Barcia Thomas

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.

Senators Garcia, Cassis and Hardiman asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Garcia’s statement is as follows:

I fully intend to support this bill, but I must submit to this body that I have a serious problem with a portion of it. This bill is well-intentioned and is going to do some good work. But a part of it calls for spending $250 million to hire two individuals to go out and help develop programs; help faith-based organizations by teaching them how to volunteer and how to help people get through this housing situation. All are well-intended and good programs and efforts and I understand that.

My problem with it is that we already have organizations within this state—within this government—that do those kinds of things. I see this as being redundant. It is an inefficient use of government dollars. Now, people say that it is free money; it’s from the federal government; someone else is going to spend it. Well, we as Republicans have often criticized this administration in Washington, D.C., because the stimulus program really isn’t stimulating a whole lot, and we are actually spending a lot of money that is going to put us further in debt—actually, our children and grandchildren.

This bill would spend $250 million of that ARRA money to do things that we already do. Now, again, it is going to help the faith-based organizations with the development of training, speaking with individuals, and helping them through this process. I think it is, frankly, a waste of money because we already have organizations that do that. It is well-intentioned, and someone should do it, but we are already spending the money for it.

I withdrew the amendment on General Orders because I didn’t want to slow this bill down. But I just wanted to go on record as saying that here is an example of government spending money that we don’t need to spend, even though it is well‑intentioned. Again, I am going to support the bill. I support the effort and intent, but I think a portion of it is unnecessary spending.

Senator Cassis’ statement is as follows:

I rise, too, to express similar concerns that my good colleague from Livingston County has expressed. Nowhere do we see an analysis of the cost of continuing some of this one-time money after it is expended. Does that then give false short-term hope without any recognition that it could be very short-lived?

Even more importantly, I raise this issue of hiring individuals knowing that the money for them is only one-time. It puts them in a position of potentially losing the job that they sought with this money. To me, that is a very serious problem. Either they know in advance that the job is temporary, short-lived, and may not be there for them again, or somehow probably the state would have to find new monies to cover that.

In this environment, I think the spending of money looks like manna from heaven, or better put, manna from the federal government. But we know that it is only temporary, and that provides a problem.

Senator Hardiman’s statement is as follows:

I rise in support of House Bill No. 5404. Let me speak specifically to the initiative in this bill that would bring on two temporary individuals to support strengthening faith-based organizations and initiatives. My learned colleague from the 22nd District spoke to the fact that these funds are unnecessary and that we are already doing these kinds of things. I believe that he is referring to the Michigan Community Services Commission which supports mentoring programs and engages participants and volunteers in those kinds of services. That is a laudable goal. This new grant, which is temporary and is our money, works with faith-based and community organizations to enhance their abilities to do these sorts of things. So, hopefully, we can expand these types of voluntary activities.

I support expanding faith-based and community-based in providing human services. That is what we ought to be doing. I think that we have gone too far with government taking over all kinds of human services and providing those. In fact, there is a place for those government services, but it is not doing everything. I think the tutoring and mentoring that many smaller, perhaps less sophisticated faith-based and community-based organizations do is absolutely critical. Even in these very difficult economic times, I think we need to do more of it. In fact, I have been working with a group of pastors in my community encouraging them and helping to set some parameters and focus on those very kinds of organizations.

Now my colleague from the 22nd District and I agree that this needs to expand. What we may not be in strong agreement about is the need for this initiative. But I do believe that this will help expand that.

Now is this temporary? Absolutely it is and it states, I believe, that anyone being hired is temporary. But it should be temporary because we should help them organize with their organizational skills, developing programs, and designing organizational structures because they have the other part right. They have the mission and purpose right. They only need support in the organization of their programs.

So I think this is a good initiative. It will help us to expand our effort to help people who need help. So I support this for that reason, and I ask for your support.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Scott’s statement is as follows:

When it comes to auto insurance reform, I have heard a lot of reasons for why we shouldn’t give consumers affordable and fair rates on their policies. But I have not heard a single good excuse for our failure to act on this issue.

The writer Rudyard Kipling said, “We have forty million reasons for failure, but not a single excuse.” There is no good excuse for why we are still waiting to pass auto insurance reform legislation. We have known for years that our constituents want and need relief from expensive policies. We have known for years that many people are being unfairly charged high rates to insure their cars.

We know there is a problem with the way rates are set. We need to stop finding reasons to ignore this issue, and instead, take action and give Michigan citizens the relief they need and the fair and affordable auto insurance they deserve.

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

January 20, 2010

Pursuant to PA 549 of 2008, I am making the following appointment to the Battle Creek Public Schools Promise Zone Authority Board:

Ms. Susan D. Buckley, 108 Garrison Avenue, Battle Creek, MI 49017

If you have any questions, please feel free to contact Bill Sullivan in my office at 517-373-2417.

Sincerely,

Michael D. Bishop

Senate Majority Leader

The communication was referred to the Secretary for record.

Committee Reports

The Committee on Transportation reported

Senate Bill No. 1001, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 1982 PA 438.

With the recommendation that the bill pass.

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kahn, Basham and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 1045, entitled

A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 39 (MCL 256.659).

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.

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kahn, Van Woerkom, Basham and Gleason

Nays: None

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

The Committee on Transportation reported

House Bill No. 4723, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 3 (MCL 125.2683), as amended by 2008 PA 217, and by adding section 8g.

With the recommendation that the bill pass.

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kahn, Basham and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 4724, entitled

A bill to provide for certain duties of certain state agencies.

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.

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kahn, Basham and Gleason

Nays: None

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

The Committee on Transportation reported

House Bill No. 5140, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by amending the title, as amended by 2002 PA 554, and by adding section 618a.

With the recommendation that the bill pass.

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Van Woerkom, Basham and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

Senate Bill No. 980, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 1998 PA 247, and by adding section 682c.

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.

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kahn, Van Woerkom, Basham and Gleason

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 Transportation submitted the following:

Meeting held on Tuesday, January 19, 2010, at 1:04 p.m., Room 110, Farnum Building

Present: Senators Gilbert (C), Kahn, Van Woerkom, Basham and Gleason

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, January 19, 2010, at 1:00 p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Cropsey, Stamas, Whitmer, Clarke and Basham

Excused: Senators Sanborn and Patterson

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Tourism submitted the following:

Meeting held on Tuesday, January 19, 2010, at 2:30 p.m., Room 100, Farnum Building

Present: Senators Allen (C), Nofs, Stamas, Clarke and Hunter

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Tuesday, January 19, 2010, at 3:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Garcia (C), Cropsey and Barcia

Scheduled Meetings

Appropriations -

Subcommittees -

Capital Outlay - Thursday, January 21, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Economic Development and House Economic Development Appropriations Subcommittee - Wednesday, February 17, 10:30 a.m., Room 426, Capitol Building (373-2768)

General Government - Wednesday, January 27, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Higher Education - Friday, February 19, 10:00 a.m., Saginaw Valley State University, Curtiss Hall, 7400 Bay Road, University Center; Monday, February 22, 10:00 a.m., Western Michigan University, Room 2028, Brown Hall, 1903 West Michigan Avenue, Kalamazoo; Monday, March 1, 10:00 a.m., Madonna University, Franciscan Center, 36600 Schoolcraft Road, Livonia; and Monday, March 8, 10:30 a.m., Ferris State University, Interdisciplinary Resource Center, 1301 South State Street, Big Rapids (373-2768)

K-12, School Aid, Education - Wednesday, February 17, and Thursday, February 18, 9:00 a.m., and Tuesdays, February 23, March 2 and March 9, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768)

Education - Thursday, January 21, 2:30 p.m., Room 210, Farnum Building (373-6920)

Energy Policy and Public Utilities - Thursday, January 21, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-7350)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 10:41 a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Thursday, January 21, 2010, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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