No. 26

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Tuesday, March 23, 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—excused Olshove—present

Anderson—present George—present Pappageorge—present

Barcia—present 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—present

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

Clarke—present McManus—present Whitmer—present

Cropsey—present Nofs—present

Senator Alan L. Cropsey of the 33rd District offered the following invocation:

O Lord God, we come before You this morning. We are so blessed and privileged to live in a country that has so much freedom. I just pray, Lord, that we would always remember that blessed is a nation whose God is the Lord and the people whom He has chosen for His own inheritance.

Guide and direct our deliberations this week. Lord, we have a lot of work to do, and we have a lot of budgets to pass. I just pray, Lord, that You would help each one of us to have civility and love in our hearts for those who are around us and our colleagues also. We ask this in the name of our Lord and Savior Jesus Christ. Amen.

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

Motions and Communications

Senators Gilbert, Kahn, Jacobs, Van Woerkom, McManus and Bishop entered the Senate Chamber.

Senator Cropsey moved that Senator Garcia be excused from today’s session.

The motion prevailed.

Senator Cropsey moved that the Committee on Economic Development and Regulatory Reform be discharged from further consideration of the following bill:

Senate Bill No. 437, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 20101 and 20120a (MCL 324.20101 and 324.20120a), section 20101 as amended by 1996 PA 383 and section 20120a as added by 1995 PA 71.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Cropsey moved that the bill be referred to the Committee on Natural Resources and Environmental Affairs.

The motion prevailed.

Senator Cropsey 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:

Senate Bill No. 1151

Senate Bill No. 1153

Senate Bill No. 1154

Senate Bill No. 1157

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

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 18:

House Bill Nos. 5017 5121 5296 5407 5909

The Secretary announced the enrollment printing and presentation to the Governor on Friday, March 19, for her approval the following bill:

Enrolled Senate Bill No. 1001 at 10:45 a.m.

The Secretary announced that the following official bills were printed on Thursday, March 18, and are available at the legislative website:

Senate Bill Nos. 1230 1231 1232 1233 1234 1235 1236 1237 1238

House Bill Nos. 5957 5958 5959 5960 5961 5962 5963

The Secretary announced that the following official bills and joint resolution were printed on Friday, March 19, and are available at the legislative website:

House Bill Nos. 5964 5965 5966 5967 5968 5969 5970 5971 5972 5973

House Joint Resolution ZZ

By unanimous consent the Senate proceeded to the order of

Statements

Senators Cropsey, Brown, Cherry, Patterson, Scott and Prusi asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Cropsey’s statement is as follows:

Today is one of those bittersweet days where I am honoring one of my staff members. Unfortunately, I’m honoring her because she is leaving my staff. Stacie Yockey actually took leave sometime ago and presented the state of Michigan with a brand new son Elliott. Stacie’s parents are in the Gallery today. They are Ray and Sue Woodard; her grandmother, Dorothy Chapman; her son Elliott; her daughter Cassie; and her husband, Patrick Yockey, our photographer, is here on the floor.

I wanted to read part of the tribute for Stacie, as she is going to be leaving. “The public career of Stacie Yockey has taken many forms over the past five years. She has handled numerous tasks with efficiency through her duties as an executive assistant, constituent aide, scheduler, committee clerk, and office manager.” In other words, I really leaned on her hard.

“Along with her commitment to the complex tasks that comes with working in the Legislature, Stacie distinguished herself as an amazing wife, mother, grandmother, daughter, granddaughter, sister, aunt, and friend. She carries with her a deep love, joy, and peace that can be seen in her eyes and felt in her presence. She will be greatly missed by us all.”

The amazing thing about Stacie is it seems like no matter what kind of day it was, whenever I came into the office, she always had a broad smile and friendly words. In her time in my office, she contributed to a host of improvements and adjustments to the process by carrying out her duties as a State Senate employee. These improvements have illuminated the value of Stacie’s knowledge and attitude. Many times she went above and beyond the call of duty. She will be missed in my office and in the months to come as she leaves to pursue a new position as administrative assistant to Pastor Martha Jo Davis at Mount Hope Church in Lansing.

Stacie, I’m going to miss you, my staff is going to miss you, and the whole Senate is going to miss you. Thank you for your service.

Senator Brown’s statement is as follows:

Today, President Obama will sign into law an unprecedented intervention into the lives of Americans, a takeover of our health care. This new law puts our right to make personal decisions in our best interest and in the best interest of our families at risk. It also contradicts the will of the people.

While the power of the federal government has grown well beyond our founder’s intent, there is something that we can do here in Michigan to protect the rights Washington Democrats are threatening. Last week, this chamber voted on Senate Joint Resolution K, which would allow Michigan residents to vote on an amendment to our State Constitution guaranteeing our right to make our own health care decisions. Thirty-eight other states are in the process of adopting similar measures.

The constitutional amendment would read, in part: “Every person has a right to provide for his or her own health care. A federal law or rule shall not compel, directly or indirectly, any person, employer, or health care provider to participate in any health care system.”

As simple and straightforward as this sounds, our colleagues across the aisle denied Michigan residents the opportunity to vote on this critical matter by opposing Senate Joint Resolution K. Today, I respectfully ask them to reconsider their position. If they do not, it appears the voters will take matters into their own hands.

Yesterday, a petition drive was announced to put this matter on the November ballot. The message is clear. If their lawmakers refuse to do the right thing, the people will. And I look forward to being among the first to sign this petition.

Senator Cherry’s statement is as follows:

Two weeks ago, we voted unanimously to support a resolution that would stimulate job growth and employ Michigan workers. Every member of both caucuses voted in favor of this resolution, which would help ensure local businesses and their employees benefit from American Recovery and Reinvestment Act funds allotted to Michigan.

Helping small businesses thrive helps them hire more workers. That’s the goal, right? Reduce the unemployment rate by using available resources to hire local workers. Not one person in this room objected to the idea that we should be creating Michigan jobs for Michigan workers with our share of these federal stimulus dollars because it’s the right thing to do. And yet, we can’t seem to get that same support for the Hire Michigan First package, which uses Michigan taxpayer dollars to put local workers back on the job.

Our state’s unemployment rate is still more than 14 percent, and we’re twiddling our thumbs playing games in the Legislature while the people who elected us are waiting for help. This is a change we can make right now. We don’t have to wait for Congress to act. We can vote today to make sure jobs created with Michigan taxpayer dollars go to our own workers, just as we voted last week to use federal taxpayer dollars to help our local businesses.

I urge you to continue the support you showed for Michigan workers last week and vote to pass the Hire Michigan First package. Let’s show our workers and their families that we are ready to turn our economy around.

Senator Patterson’s statement is as follows:

I rise today with great concern. Yes, I still cling to the United States Constitution to which I swore an oath. It is getting evermore difficult to actually believe that elected representatives have even read the document, and certainly, they do not subscribe to upholding it.

A very wise man, a leader, a leader among men, a man who is both observant and prophetic, a former member of this chamber, and my personal congressman, Thaddeus G. McCotter, in a conversation with me recently observed: “The most dangerous special interest in the United States is its federal government. It’s own special interest lobbyist is none other than the President of the United States.”

Can there be any doubt that this is true when a bill that proclaims it is a health care piece of legislation will provide for fewer doctors and 16,000 more Internal Revenue Service agents?

Senator Scott’s statement is as follows:

I want to remind everyone that Habitat for Humanity of Michigan’s 14th Annual Awards Banquet is tonight at the Kellogg Center in East Lansing. Governor Jennifer Granholm is the keynote speaker, and Habitat International CEO Jonathan Reckford will be present. I am also proud to report that every member of the Senate Democratic Caucus joined me in making a contribution to Habitat Michigan this year. I’m sure that most of us are familiar with this outstanding organization and its excellent work.

In 2009, 235 Michigan homes were built or refurbished by Habitat volunteers. Over the last 25 years, Habitat has brought simple, decent housing to 3,225 Michigan families. Thank you to everyone on both sides of the aisle who work to support Habitat Michigan. I hope to see many of you tonight at the banquet.

Every day I stand up and remind you that we need to do something about the high cost of auto insurance. Our constituents need affordable insurance. Our constituents need fair insurance rates that are based on their driving record and not their address.

Every session day I get up and talk, but what we really need is action. The Chinese proverb says, “To talk goodness is not good, only to do it is.” I remind you every day how good it would be for our constituents to finally be able to afford the auto insurance we require them to buy.

We need action now on this issue. You know what my arguments are. I will keep making them until we do take action to right the wrongs of auto insurance that so many of our constituents are suffering. This is a new week, and let’s start it off with action on auto insurance reform. Thank God that the President and Congress have done this for health care.

I have a resolution for Michigan Student Athlete Cardiac Awareness Month, Senate Resolution No. 125:

“Whereas, The state of Michigan has lost at least 41 students to sudden cardiac arrest and related causes since December 1999; and

Whereas, One of those students was 15-year-old Kimberly Anne Gillary, whose life was tragically lost as a result of a sudden cardiac arrest in a high school water polo game on April 1, 2000; and

Whereas, The Gillary family founded the Kimberly Anne Gillary Foundation in April 2000 in Kimberly’s memory to donate automated external defibrillators (AEDs) to Michigan high schools and to advocate cardiac screening and testing of all Michigan high school student athletes; and

Whereas, As of March 1, 2010, the Kimberly Anne Gillary Foundation has raised more than $1 million and has donated more than 500 AEDs to Michigan high schools; and

Whereas, There have been at least two lives saved using AEDs donated by the Kimberly Anne Gillary Foundation. On October 24, 2007, the life of 17-year-old Ashley Palmer was saved at Davison High School due to the quick thinking and training of Davison High School staff members. On April 22, 2009, 67-year-old Larry Ratkowski, while a spectator at a Hamilton High School baseball game, was saved due to the quick thinking and training of the principal, the athletic trainer, one of the students, and a deputy sheriff; and

Whereas, In large part, as a result of the efforts of the Kimberly Anne Gillary Foundation, approximately 75 percent of the high schools in Michigan now have at least one AED, and staff members are trained in CPR and the use of an AED. There is an increased awareness of the importance of more effective pre-participation cardiac screening of our high school student athletes and having AEDs readily accessible in our Michigan high schools; now, therefore, be it

Resolved by the Senate, That April 2010 be hereby designated as Michigan Student Athlete Cardiac Awareness Month; and be it further

Resolved, That the people of the state of Michigan are encouraged to become more aware of the importance of improved pre-participation screening of our student athletes and the preparedness of our citizenry and public employees to respond to the sudden cardiac arrest of our sons and daughters while entrusted to our public schools in the course of their education; and be it further

Resolved, That the State Board of Education be urged to include provisions in policies and regulations for AED training in student health education courses and regular AED drills, so that students and staff will be better prepared to use AEDs to save lives in schools and other public places.”

The family of Kimberly Gillary is in the west Gallery.

Senator Prusi’s statement is as follows:

I know there was a big, emotional debate concluded on Sunday in Washington regarding health insurance reform. It has just been my observation that there has been a lot more heat than light applied to the issue. There has been a lot of rhetoric, a lot of hysteria, and a lot of misinformation spitting forward from people who are in opposition to this. I know that the Republican minority in Congress was remarkably unified in their opposition to this, even though they continue to comment that they supported various elements of the plan; elements that they claimed they put forward and brought to the debate. I find it ironic that they would say that when in the previous administration when they controlled Congress for six of the eight years, not one of those ideas were put forward or offered up for a vote.

The reforms that passed in Congress this weekend and signed into law today do a number of key things that I think people—now that the hysteria and emotion can die down—will get an opportunity to look at analyses and reviews of this, and they will understand that there are a number of attractive elements that don’t seem to get a lot of discussion: the small business tax credits; closing the Medicare Part D doughnut hole; and free preventive care under Medicare, so that people can get preventive care and diagnosis before they get really sick. It ends the practice of rescission, where people get dropped as soon as they get sick after paying premiums year in and year out when they get sick and the insurance company drops them from coverage. That policy will no longer be allowed to go forward.

Also there will be no discrimination against children with pre-existing conditions. It bans lifetime limits on coverage and bans restrictive annual limits on coverage. It gives immediate help for the uninsured until exchange is available. There is just point after point after point that don’t seem to get debated when the only point that gets brought up is that it is a big government takeover of health care. The insurance companies will still be out there competing for a 30-million-person pool of people who will be eligible for health care under this legislation.

I would hope that as we go forward and allow this legislation in Washington to take effect, be discussed, and analyzed, we would keep our comments and our rhetoric to a minimum here. The political process is over. Let’s allow the implementation process to go forward.

Recess

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

The motion prevailed, the time being 10:27 a.m.

1:07 p.m.

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

By unanimous consent the Senate returned to the order of

Messages from the Governor

The following messages from the Governor were received:

Date: March 18, 2010

Time: 10:40 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1172 (Public Act No. 15), being

An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 17231.

(Filed with the Secretary of State on March 18, 2010, at 2:55 p.m.)

Date: March 18, 2010

Time: 10:54 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1045 (Public Act No. 16), being

An act to amend 2006 PA 384, entitled “An act to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to rescind administrative rules,” by amending section 39 (MCL 256.659).

(Filed with the Secretary of State on March 18, 2010, at 2:57 p.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following messages from the Governor were received and read:

March 18, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Sections 16121 and 16907 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.16907:

Board of Marriage and Family Therapy

Mr. Jeffrey J. Angera of 1903 South Lynnwood, Mount Pleasant, Michigan 48858, county of Isabella, is reappointed to represent licensed marriage and family therapists, for a term expiring June 30, 2014.

Ms. Sama Harp of 5709 Heritage Court, Dearborn Heights, Michigan 48127, county of Wayne, is reappointed to represent the general public, for a term expiring June 30, 2013.

Ms. Anita Taylor of 1218 Water Cliff Drive, Bloomfield Hills, Michigan 48302, county of Oakland, is reappointed to represent licensed marriage and family therapists, for a term expiring June 30, 2013.

March 18, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Sections 16121 and 18305 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.18305:

Michigan Board of Occupational Therapists

Ms. Diane K. Andert, OTR, of 144 Waupakisco Beach, Battle Creek, Michigan 49015, county of Calhoun, is reappointed to represent occupational therapists, for a term expiring December 31, 2013.

Ms. Christie L. Clipper of 9296 William Street, Taylor, Michigan 48180, county of Wayne, is reappointed to represent the general public, for a term expiring December 31, 2013.

Ms. Gerry E. Conti, M.S., OTR, of 1230 Westmoorland Boulevard, Ypsilanti, Michigan 48197, county of Washtenaw, is reappointed to represent occupational therapists, for a term expiring December 31, 2013.

Ms. LoRon N. Polk of 2875 Doncaster Drive, Canton, Michigan 48188, county of Wayne, is reappointed to represent the general public, for a term expiring December 31, 2013.

Ms. Susan E. Robosan-Burt of 2134 Oakwood Drive, Troy, Michigan 48085, county of Oakland, is reappointed to represent occupational therapists, for a term expiring December 31, 2013.

Ms. Grace A. M. Smith of 200 East Division Street, Rockford, Michigan 49341, county of Kent, is reappointed to represent the general public, for a term expiring December 31, 2013.

March 18, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Sections 16121 and 17521 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17521:

Michigan Board of Osteopathic Medicine and Surgery

Mr. Steven A. Acker, D.O., of 505 Highland Road, Ann Arbor, Michigan 48104, county of Washtenaw, is reappointed to represent physicians, for a term expiring December 31, 2013.

Mr. Barry C. Kane of 1507 Pinecrest Avenue, S.E., Grand Rapids, Michigan 49506, county of Kent, is reappointed to represent the general public, for a term expiring December 31, 2013.

March 18, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Sections 16121 and 17821 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17821:

Michigan Board of Physical Therapy

Mr. David W. Goldenbogen of 8174 Shields Drive, Saginaw, Michigan 48609, county of Saginaw, is appointed to represent physical therapists, for a term commencing March 18, 2010 and expiring December 31, 2013.

March 18, 2010

Pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963 and Executive Order 2009-55, please be advised that Mr. Kenneth D. Theis of 6535 South Airport Road, St. Johns, Michigan 48879, county of Clinton, is appointed as Director of the Department of Technology, Management, and Budget, for a term commencing March 21, 2010 at 12:01 a.m. and expiring at the pleasure of the Governor.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

Messages from the House

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

House Bill No. 4514

The motion prevailed.

Senate Bill No. 1131, entitled

A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending sections 31, 32, 33, and 53 (MCL 288.501, 288.502, 288.503, and 288.523), sections 31 and 53 as amended by 2008 PA 136.

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 concurred in, 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.

Senate Bill No. 1132, entitled

A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” by amending sections 110 and 125 (MCL 288.670 and 288.685), as amended by 2008 PA 147, and by adding section 110b.

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 concurred in, 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 pro tempore, Senator Richardville, designated Senator Nofs as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1154, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 22, line 19, by striking out all of section 804 and inserting:

“Sec. 804. The department and library of Michigan shall maintain custody of all collections maintained, housed, owned, or otherwise kept by the library of Michigan in fiscal year 2009-2010, and shall not sell, lease, or otherwise dispose of those collections. The department and library of Michigan need not make the non-Michigan genealogy or federal documents collections available to the public.”.

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1153, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 5, line 25, by striking out “46,261,500” and inserting “48,996,500”.

2. Amend page 5, line 27, by striking out “14,328,600” and inserting “16,994,700”.

3. Amend page 6, line 12, by striking out “225,602,000” and inserting “231,003,100”.

4. Amend page 6, line 20, by striking out “193,888,900” and inserting “199,290,000”.

5. Amend page 6, line 24, by striking out “92,587,800” and inserting “87,186,700”.

6. Amend page 7, line 5, by striking out “250,021,000” and inserting “244,619,900”.

7. Amend page 7, line 9, by striking out “249,672,000” and inserting “244,270,900”.

8. Amend page 80, following line 2, by inserting:

“Sec. 936. (1) The department shall accept bids from private providers for the operation of a prison facility that houses level I, level II, and level III prisoners.

(2) The department shall place all level I, level II, and level III prisoners in the lowest cost state- or privately-operated facility.”.

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1157, entitled

A bill to make appropriations for higher education for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 25, following line 17, by inserting:

“Sec. 486. It is the intent of the legislature that each public university shall submit a report to the house and senate appropriations committees by October 15, 2010, on the university’s efforts to accommodate the sincerely held religious beliefs of students enrolled in counseling degree programs at the university.”.

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1151, entitled

A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 2011; 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 bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

Senate Bill No. 1151

Senate Bill No. 1153

Senate Bill No. 1154

Senate Bill No. 1157

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

Senator Cropsey moved that the following bills be placed at the head of the Third Reading of Bills calendar:

Senate Bill No. 1088

House Bill No. 5279

House Bill No. 5530

Senate Bill No. 1154

Senate Bill No. 1153

Senate Bill No. 1151

Senate Bill No. 1157

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1088, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 301 (MCL 324.301), as amended by 2004 PA 587, and by adding section 501b.

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. 129 Yeas—37

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Nofs Switalski

Brater Hardiman Olshove Thomas

Brown Hunter Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Cherry

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5279, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2006 PA 605.

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. 130 Yeas—37

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Nofs Switalski

Brater Hardiman Olshove Thomas

Brown Hunter Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Cherry

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.

The Senate agreed to the full title.

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

The motion prevailed.

Senator Brown’s statement is as follows:

These bills are companion bills to legislation this chamber has already adopted concerning absentee ballots being sent to overseas voters, especially our military personnel. These bills strike a balance in speeding up the time period in which overseas voters and military personnel receive their ballots while ensuring that safeguards are in place to protect the integrity of their ballots.

I do appreciate and recognize the good work of the Department of State’s Elections Bureau in helping draft this legislation that will allow overseas voters to have their vote counted without compromising the integrity of the ballot. I urge members to please support the passage of these bills.

The following bill was read a third time:

House Bill No. 5530, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 713 (MCL 168.713), as amended by 1990 PA 7.

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. 131 Yeas—37

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Nofs Switalski

Brater Hardiman Olshove Thomas

Brown Hunter Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Cherry

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1154, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agency.

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. 132 Yeas—37

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Nofs Switalski

Brater Hardiman Olshove Thomas

Brown Hunter Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Cherry

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Senator Cropsey moved that consideration of the following bill be postponed temporarily:

Senate Bill No. 1153

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1151, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2011; to provide for the expenditure of those appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

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. 133 Yeas—21

Allen George Kahn Richardville

Birkholz Gilbert Kuipers Sanborn

Bishop Hardiman McManus Stamas

Brown Jansen Nofs Switalski

Cassis Jelinek Pappageorge Van Woerkom

Cropsey

Nays—16

Anderson Cherry Hunter Prusi

Barcia Clark-Coleman Jacobs Scott

Basham Clarke Olshove Thomas

Brater Gleason Patterson Whitmer

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Clark-Coleman, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1151 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Clark-Coleman’s statement is as follows:

I am voting “no” on the community colleges budget before us today because of the 3.1 percent cut that is included in it. It is unfairly punishing the community colleges that have done a yeomen’s job in retraining Michigan workers as our state moves from a manufacturing-based state to growing industries of the future like renewable energy. Our community colleges help provide higher education opportunities for kids who might not otherwise be able to afford college. They offer real-world curriculum that help prepare students to enter the job market ready to work.

Just as importantly, our community colleges offer important retraining and educational opportunities for displaced workers. They provide a bridge to Michigan’s workforce as a transition from traditional manufacturing jobs to the fields of the future, giving them the skills necessary to pursue a new career. Community college enrollment only continues to grow just as their needs do.

Last fall, for example, Wayne County Community College had to close enrollment early because they had so many applications. In a like example, Henry Ford Community College has seen enrollment increase nearly 40 percent since 2006, and its number of students increased 20 percent last year only.

Our community colleges are growing, and they are more vital to our economy than ever before. We should not be cutting them now. I do appreciate my chairman, the Senator from the 29th District, and all the hard work he did on this budget. Believe me, I do appreciate the hard work he did on this budget. However, I just continue to believe that Michigan’s community colleges are providing a vital service to this state, and I cannot support a budget that does not appear to support them.

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

The motion prevailed.

Senator Hardiman’s statement is as follows:

I rise in support of this budget. First of all, I would like to thank the Association of Community College Presidents, specifically Lansing Community College and Schoolcraft Community College, for hosting our committee meetings. I want to thank the committee, Senator Clark-Coleman and Senator Garcia, for their work on this budget as well and all of the staff.

This budget does represent a reduction in operations funding of $9.2 million, which is 3.1 percent, to meet leadership targets. It also reflects a renaissance zone tax reimbursement funding reduction of $260,000, which simply reflects the projected payments pursuant to Public Act No. 376 of 1996. Our community colleges are providing a vital service. As you heard, the enrollment is up, and in this time of transition in the economy, they are vital.

I believe this Senate has prioritized community colleges. There was no cut last year, and we have a 3.1 percent cut this year. That is compared to a reduction in general funds for the last two years of $2.5 billion or 26.3 percent over the last two years. I think you can see that we are prioritizing. We would love to be able to add more dollars, but that is not the position the state is in. We will fund them at the level of a 3.1 percent cut.

I will say that many of the presidents are working to become more efficient and effective, and we appreciate that. We commend them for their job and provide this funding to them for the upcoming year. I would ask for your support for this bill.

Senator Cropsey moved that consideration of the following bill be postponed temporarily:

Senate Bill No. 1157

The motion prevailed.

Senator Cropsey moved that the following bill be placed at the head of the Third Reading of Bills calendar:

House Bill No. 4610

The motion prevailed.

House Bill No. 4610, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72102, and 72110 (MCL 324.72101, 324.72102, and 324.72110), section 72101 as amended by 1997 PA 129 and sections 72102 and 72110 as added by 1995 PA 58.

(This bill was passed on February 4, and the motion for immediate effect postponed. See Senate Journal No. 10, p. 142.)

The question being on the motion to give the bill for immediate effect.

Senator Cropsey moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill passed.

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

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

On which motion Senator Cropsey requested the yeas and nays.

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

The motion prevailed, a majority of the members serving voting therefor, as follows:

Roll Call No. 134 Yeas—37

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Nofs Switalski

Brater Hardiman Olshove Thomas

Brown Hunter Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Cherry

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The question being on the passage of the bill,

Senator Brown offered the following substitute:

Substitute (S-4).

The substitute was adopted, a majority of the members serving voting therefor.

The question being on the passage of the bill,

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

Roll Call No. 135 Yeas—37

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Nofs Switalski

Brater Hardiman Olshove Thomas

Brown Hunter Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Cherry

Nays—0

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

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

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

Senator Brown offered to amend the title to read as follows:

A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 72101, 72102, 72105a, and 72110 (MCL 324.72101, 324.72102, 324.72105a, and 324.72110), section 72101 as amended and section 72105a as added by 1997 PA 129 and sections 72102 and 72110 as added by 1995 PA 58, and by adding section 72110a.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

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

The motion prevailed.

Senator Brown’s statement is as follows:

House Bill No. 4610 is a companion bill to Senate Bill No. 578, Michigan’s right to ride legislation. We asked for the vote to be reconsidered today in order to adopt some clarifying amendments, which the Department of Natural Resources and Environment and the administration requested. The legislation requires the department to use a transparent, documented, and science-based process when making decisions on where horse riders can ride on public lands. The legislation also requires the department to develop a network of trails for all user groups in Michigan.

More than a month ago, the department made a last-effort attempt to delay the bills’ enactment by asking many of you to withhold votes for immediate effect. They argued that Michigan would supposedly lose $25 million in federal funds if the bills were to pass. While I believe that this argument had been proven to be an empty excuse many times over, we have continued our negotiations and agreed upon some adjustments to make the administration and department more comfortable with the bills, while still ensuring that the bills maintain the people’s right to ride.

This legislation represents a compromise with all parties involved. House Bill No. 4610 and Senate Bill No. 578 will provide the department with the control it needs to make decisions about pack and saddle animal access and other recreational activities allowed on public lands. It will give the people a voice in this decision process and hold the department accountable for its decisions. I ask for your support of the right to ride legislation.

Senator Cassis’ statement is as follows:

I have a number of individuals who really take great pleasure in the opportunity to ride their horses on public property. I also have individuals who at times could be concerned—the private owners just adjacent to those public lands. My hope is that in all of this process with the DNR that there is sensitivity to the needs of private owners that abut the public properties. That is my hope, and I will be voting as I did originally in favor of this, but I may withhold immediate effect to be sure that my concern on behalf of those who are the private owners and that their concerns are respected as well.

By unanimous consent the Senate returned to the order of

Motions and Communications

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

Senate Bill No. 1174

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

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

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1174, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1311 (MCL 500.1311), as amended by 1994 PA 227.

Substitute (S-3).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Cropsey moved that the following bill, now on the order of Third Reading of Bills, be referred to the Committee of the Whole:

Senate Bill No. 1153, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

The motion prevailed.

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:

Senate Bill No. 1174

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

The following bill was read a third time:

Senate Bill No. 1174, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1311 (MCL 500.1311), as amended by 1994 PA 227.

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. 136 Yeas—27

Allen Cassis Gleason Patterson

Anderson Cherry Hunter Prusi

Barcia Clark-Coleman Jelinek Richardville

Basham Clarke Kahn Scott

Birkholz Cropsey Kuipers Van Woerkom

Bishop George McManus Whitmer

Brown Gilbert Olshove

Nays—10

Brater Jansen Sanborn Switalski

Hardiman Nofs Stamas Thomas

Jacobs Pappageorge

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Jacobs, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1174 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Jacobs’ statement is as follows:

I rise to speak to this bill. Quite honestly, I am very conflicted over which way to vote. I have asked that this bill be slowed down a bit because I think it creates some precedent that we have to look at very carefully. I would really like to speak to the CEO of Steak ’n Shake to have him answer some of the questions that have been brought up—some of the questions that have me concerned.

I have some issues about free enterprise and government not getting involved in individual businesses. I do understand arguments on either side about jobs, job retention, and job creation. I have a lot of questions. I am very puzzled as to why we have the need to rush this through. I don’t understand the urgency of doing this so quickly.

Unfortunately, a lot of my questions have not been answered at this point, and because we are taking this up so quickly, I feel forced to vote “no” on this. I tried very hard to keep an open mind, but I want to be sure that I have all of the facts before I make my decision. Therefore, I rise to say that I have to vote “no” on this bill in its present form.

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

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1153, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 5, line 25, by striking out “46,261,500” and inserting “48,996,500”.

2. Amend page 5, line 27, by striking out “14,328,600” and inserting “16,994,700”.

3. Amend page 6, line 12, by striking out “225,602,000” and inserting “231,003,100”.

4. Amend page 6, line 20, by striking out “193,888,900” and inserting “199,290,000”.

5. Amend page 6, line 24, by striking out “92,587,800” and inserting “87,186,700”.

6. Amend page 7, line 5, by striking out “250,021,000” and inserting “244,619,900”.

7. Amend page 7, line 9, by striking out “249,672,000” and inserting “244,270,900”.

The Senate agreed to the substitute, as amended, 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:

Senate Bill No. 1153

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

The following bill was read a third time:

Senate Bill No. 1153, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2011; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.

The question being on the passage of the bill,

Senator Brater offered the following amendments:

1. Amend page 77, line 16, after “Sec. 927.” by striking out the balance of the line and inserting “The”.

2. Amend page 77, line 17, after “human services” by inserting “shall”.

3. Amend page 77, line 18, by striking out “examine the potential of entering” and inserting “enter”.

The question being on the adoption of the amendments,

Recess

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

The motion prevailed, the time being 2:44 p.m.

3:30 p.m.

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

The question being on the adoption of the amendments,

Senator Brater 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. 137 Yeas—15

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Thomas

Basham Clarke Olshove Whitmer

Brater Gleason Prusi

Nays—21

Allen George Kahn Patterson

Birkholz Gilbert Kuipers Richardville

Bishop Hardiman McManus Sanborn

Brown Jansen Nofs Stamas

Cassis Jelinek Pappageorge Van Woerkom

Cropsey

Excused—1

Garcia

Not Voting—1

Switalski

In The Chair: Richardville

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. 138 Yeas—22

Allen Cassis Jelinek Pappageorge

Barcia Cropsey Kahn Richardville

Birkholz George Kuipers Sanborn

Bishop Gilbert McManus Stamas

Brater Hardiman Nofs Van Woerkom

Brown Jansen

Nays—15

Anderson Clarke Olshove Switalski

Basham Gleason Patterson Thomas

Cherry Hunter Prusi Whitmer

Clark-Coleman Jacobs Scott

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senators Switalski and Whitmer, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1153.

Senator Switalski moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.”

The motion prevailed.

Senator Switalski’s statement, in which Senator Whitmer concurred, is as follows:

I greatly appreciate the work done on this bill by my good friend, Senator Cropsey, and my other good friend, Senator Brater. It is a beautiful thing to watch two people who are really kind of on the opposite ends of the spectrum work together and solve problems and work so closely together. That is what legislation should be all about.

I understand that a couple of our members are going to vote for this bill because of the good things in it. I appreciate that. I am, however, going to vote against it because if you look at this budget, this is the one budget that we have spent more than the Governor has spent. At a time when we are cutting higher education, community colleges, and K-12, it is hard to justify spending more on corrections. I am going to use my vote to make a statement about our priorities, and I am going to vote “no.”

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

Senate Bill No. 1157, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2011; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The above bill was read a third time.

The question being on the passage of the bill,

Senator Brater offered the following amendment:

1. Amend page 24, line 25, by striking out all of section 484.

The question being on the adoption of the amendment,

Senator Thomas requested the yeas and nays.

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

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 139 Yeas—12

Anderson Clark-Coleman Jacobs Switalski

Brater Clarke Prusi Thomas

Cherry Hunter Scott Whitmer

Nays—25

Allen Cropsey Jelinek Pappageorge

Barcia George Kahn Patterson

Basham Gilbert Kuipers Richardville

Birkholz Gleason McManus Sanborn

Bishop Hardiman Nofs Stamas

Brown Jansen Olshove Van Woerkom

Cassis

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

Senator Brater offered the following amendments:

1. Amend page 2, line 18, by striking out “282,692,500” and inserting “291,841,700”.

2. Amend page 2, line 23, by striking out “344,391,400” and inserting “353,540,600”.

3. Amend page 2, line 25, by striking out “315,147,800” and inserting “325,347,400”.

4. Amend page 3, line 3, by striking out “315,147,800” and inserting “325,347,400”.

5. Amend page 3, line 5, by striking out “213,421,900” and inserting “220,329,200”.

6. Amend page 3, line 8, by striking out “213,421,900” and inserting “220,329,200”.

7. Amend page 3, line 11, by striking out “79,851,600” and inserting “82,436,000”.

8. Amend page 3, line 14, by striking out “79,851,600” and inserting “82,436,000”.

9. Amend page 3, line 16, by striking out “75,760,200” and inserting “78,212,100”.

10. Amend page 3, line 19, by striking out “75,760,200” and inserting “78,212,100”.

11. Amend page 3, line 21, by striking out “48,449,100” and inserting “50,017,100”.

12. Amend page 3, line 24, by striking out “48,449,100” and inserting “50,017,100”.

13. Amend page 4, line 1, by striking out “61,759,500” and inserting “63,758,300”.

14. Amend page 4, line 4, by striking out “61,759,500” and inserting “63,758,300”.

15. Amend page 4, line 6, by striking out “12,649,800” and inserting “13,059,200”.

16. Amend page 4, line 9, by striking out “12,649,800” and inserting “13,059,200”.

17. Amend page 4, line 11, by striking out “47,756,500” and inserting “49,302,100”.

18. Amend page 4, line 14, by striking out “47,756,500” and inserting “49,302,100”.

19. Amend page 4, line 16, by striking out “44,982,400” and inserting “46,438,200”.

20. Amend page 4, line 19, by striking out “44,982,400” and inserting “46,438,200”.

21. Amend page 4, line 21, by striking out “50,583,700” and inserting “52,220,800”.

22. Amend page 4, line 24, by striking out “50,583,700” and inserting “52,220,800”.

23. Amend page 4, line 26, by striking out “27,623,700” and inserting “28,517,700”.

24. Amend page 5, line 2, by striking out “27,623,700” and inserting “28,517,700”.

25. Amend page 5, line 4, by striking out “24,639,700” and inserting “25,437,100”.

26. Amend page 5, line 7, by striking out “24,639,700” and inserting “25,437,100”.

27. Amend page 5, line 9, by striking out “20,824,900” and inserting “21,498,900”.

28. Amend page 5, line 12, by striking out “20,824,900” and inserting “21,498,900”.

29. Amend page 5, line 14, by striking out “109,231,600” and inserting “112,766,800”.

30. Amend page 5, line 17, by striking out “109,231,600” and inserting “112,766,800” and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments,

Senator Thomas 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. 140 Yeas—16

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Switalski

Basham Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Nays—21

Allen George Kahn Patterson

Birkholz Gilbert Kuipers Richardville

Bishop Hardiman McManus Sanborn

Brown Jansen Nofs Stamas

Cassis Jelinek Pappageorge Van Woerkom

Cropsey

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

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. 141 Yeas—20

Allen Cropsey Jelinek Pappageorge

Barcia George Kahn Richardville

Birkholz Gilbert Kuipers Sanborn

Bishop Hardiman McManus Stamas

Brown Jansen Nofs Van Woerkom

Nays—17

Anderson Clark-Coleman Jacobs Scott

Basham Clarke Olshove Switalski

Brater Gleason Patterson Thomas

Cassis Hunter Prusi Whitmer

Cherry

Excused—1

Garcia

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1157.

Senator Cassis’ statement is as follows:

In terms of overall funding, there is an increase in the General Fund which currently shows a deficit of somewhere between $1.6 billion and $1.8 billion. In this case, we are increasing this General Fund deficit, potentially, by a 1.3 percent increase to higher education. It is very possible that this $19.5 million increase in general funding to higher education could come from savings realized in other unidentified budgets.

Still, I think that more reforms and efficiencies need to occur throughout our higher education community, so that we don’t have to foster our increasing General Fund revenues to higher education. There is much reform that must be done here, now and in the future.

Senators Whitmer and Switalski asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Whitmer’s statement is as follows:

I rise in support of this amendment, the Brater amendment No. 1. In 2008, voters changed our Constitution to make Michigan the 46th state in the nation to sanction embryonic stem cell research—the 46th state. Before the voters acted, we were one of only five states in the Dark Ages that not only prevented this research, but threw people in jail for doing it.

As an original sponsor of the original legislation and someone who worked tirelessly on the campaign to change our Constitution—with one of our good friends, Joe Schwarz, who used to serve in this esteemed body—we were able to convince voters that instead of throwing embryos in the garbage, we should let the families who created those embryos choose whether or not to donate them for research, and let our researches pursue cures. The voters in their wisdom spoke, and we changed our Constitution.

This effort and the effort that looms from the Senator from the 20th District, who co-chaired Right to Life’s losing campaign against the promise of embryonic stem cell research, is in contravention of the Constitution language. It sends a chilling and terrible message to people who are looking at Michigan and hoping to give grants to researchers here.

Finally, and most importantly, it does not save one embryo from destruction. In fact, I hope you are listening closely if you happen to define yourself as a Right to Life candidate or a Right to Life politician. It is critical that you see the hypocrisy of this. Adopting this language and the language in the bills of the Senator of the 20th District—the language he is pushing—if you adopt that, it doesn’t prevent one embryo from destruction. In fact, it guarantees more embryos are destroyed or thrown away. That is the irony here. How in the world does that promote a culture of life, as opposed to finding cures and ending suffering? It doesn’t, and for that reason, I support this amendment and ask that you do the same.

Senator Switalski’s statement is as follows:

I voted for the community colleges budget that had a 3.1 percent cut. I recognize that with the constraints on our economy and the loss of revenue to the state that we need to make some reductions. I was happy to join the majority in voting for that budget. I would vote for this one, except for this language that has been inserted into the higher education budget.

I concur with my colleagues who have brought up the Constitution that says, “Any research permitted under federal law on human embryos may be conducted in Michigan subject to the requirements of federal law and only the following additional limitations and requirements.” It then enumerates those additional limitations and requirements. Nowhere in there is anything about collecting data on the number of lines or number of embryos, nothing like that. There is further language to say that no laws that the Michigan Legislature would pass should discourage or create any disincentives to stem cell research. I think that is what this language does.

I think it has constitutional problems. I think the supporters of it recognize that because normally when you are asking for information, you tell the entity to give us the information, but we know we can’t do that. What they have watered it down to is we intend that you give us the information instead of saying you shall give us the information; we say that you intend to give us the information. They know that it can’t be substantiated; that it will not stand the test of court scrutiny.

Why are we putting this into the budget to begin with? It is causing a chilling effect, as Senator Whitmer pointed out, on this type of research in Michigan. It is very important research; it is life-affirming research. We should eliminate this language. Please support this amendment.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Switalski and Jelinek introduced

Senate Bill No. 1239, entitled

A bill to provide for the determination of distressed municipal pension systems; to establish certain duties of certain state officials and agencies; to provide a mandatory remedy for municipalities sponsoring distressed pension systems; to establish duties of certain public officers and employees; and to provide remedies and penalties.

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

Senators Jelinek and Switalski introduced

Senate Bill No. 1240, entitled

A bill to amend 1984 PA 427, entitled “Municipal employees retirement act of 1984,” by amending section 36 (MCL 38.1536), as amended by 2004 PA 490.

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

Senator Kuipers introduced

Senate Bill No. 1241, entitled

A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 5 (MCL 28.725), as amended by 2006 PA 402.

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

House Bill No. 5017, entitled

A bill to impose a state assessment on persons engaged in the business of leasing or renting a motor vehicle; to provide for the levy, collection, and administration of the state assessment; to provide for the disposition of the proceeds of the state assessment; to prescribe the powers and duties of certain state departments and certain public entities; and to provide for certain exemptions.

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 Finance.

House Bill No. 5121, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending the title and sections 2, 3, 3a, 4a, 5c, 8, 9, 10, 10a, 11a, 11b, and 19 (MCL 432.102, 432.103, 432.103a, 432.104a, 432.105c, 432.108, 432.109, 432.110, 432.110a, 432.111a, 432.111b, and 432.119), the title as amended and sections 4a and 11a as added by 1999 PA 108, sections 2 and 9 as amended by 2008 PA 401, section 3 as amended by 2009 PA 41, sections 3a, 5c, 8, 10, 10a, and 11b as amended by 2006 PA 427, and section 19 as amended by 1995 PA 263, and by adding section 11d.

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 Commerce and Tourism.

House Bill No. 5296, entitled

A bill to require employers to provide employees with information concerning eligibility for the federal earned income tax credit.

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 Commerce and Tourism.

House Bill No. 5407, 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 House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5909, entitled

A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” (MCL 21.141 to 21.147) by adding section 2g.

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 Finance.

Committee Reports

The Committee on Finance reported

Senate Bill No. 1222, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2008 PA 472.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, Pappageorge, Jansen, Cherry and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Thursday, March 18, 2010, at 11:15 a.m., Room 110, Farnum Building

Present: Senators Cassis (C), Gilbert, Pappageorge, Jansen, Jacobs, Cherry and Whitmer

The Committee on Economic Development and Regulatory Reform reported

Senate Bill No. 1174, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1311 (MCL 500.1311), as amended by 1994 PA 227.

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Richardville, Allen, Gilbert and Hunter

Nays: None

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

The Committee on Economic Development and Regulatory Reform reported

House Bill No. 5029, entitled

A bill to amend 1982 PA 204, entitled “Deaf persons’ interpreters act,” (MCL 393.501 to 393.509) by adding section 8f.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Thomas and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development and Regulatory Reform reported

House Bill No. 5672, entitled

A bill to amend 1937 PA 72, entitled “Division of deafness act,” by amending section 8 (MCL 408.208), as added by 1988 PA 434.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Allen, Thomas and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development and Regulatory Reform submitted the following:

Meeting held on Wednesday, March 17, 2010, at 1:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Sanborn (C), Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

The Committee on Appropriations reported

Senate Bill No. 1151, entitled

A bill to make appropriations for community and junior colleges for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

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.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus, Stamas and Switalski

Nays: Senators Anderson, Brater, Cherry, Clark-Coleman and Scott

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

The Committee on Appropriations reported

Senate Bill No. 1152, entitled

A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

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.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus and Stamas

Nays: Senators Switalski, Anderson, Brater, Cherry, Clark-Coleman and Scott

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

The Committee on Appropriations reported

Senate Bill No. 1153, entitled

A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

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.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus, Stamas and Brater

Nays: Senators Switalski, Anderson, Cherry, Clark-Coleman and Scott

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

The Committee on Appropriations reported

Senate Bill No. 1154, entitled

A bill to make appropriations for the department of education for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

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.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus, Stamas, Switalski, Brater, Cherry, Clark-Coleman and Scott

Nays: Senator Anderson

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

The Committee on Appropriations reported

Senate Bill No. 1157, entitled

A bill to make appropriations for higher education for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

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.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus and Stamas

Nays: Senators Switalski, Anderson, Brater, Cherry, Clark-Coleman and Scott

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

The Committee on Appropriations reported

Senate Bill No. 1161, entitled

A bill to make appropriations for the department of natural resources and environment for the fiscal year ending September 30, 2011; and to provide for the expenditure of the appropriations.

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.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus, Stamas, Switalski, Brater, Cherry, Clark-Coleman and Scott

Nays: Senator Anderson

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

The Committee on Appropriations reported

Senate Bill No. 1163, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2009 PA 203 and section 17b as amended by 2007 PA 137.

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.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus and Stamas

Nays: Senators Switalski, Anderson, Brater, Cherry, Clark-Coleman and Scott

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 Wednesday, March 17, 2010, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek (C), Pappageorge, Hardiman, Kahn, Cropsey, Garcia, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Brater, Cherry, Clark-Coleman and Scott

Excused: Senators George and Barcia

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Retirement submitted the following:

Meeting held on Wednesday, March 17, 2010, at 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jansen (C), Gilbert and Cherry

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture and Bioeconomy submitted the following:

Meeting held on Thursday, March 18, 2010, at 8:30 a.m., Room 110, Farnum Building

Present: Senators Van Woerkom (C), Birkholz and Gleason

Excused: Senators Gilbert and Whitmer

COMMITTEE ATTENDANCE REPORT

The Committee on Energy Policy and Public Utilities submitted the following:

Meeting held on Thursday, March 18, 2010, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Patterson (C), Brown, Birkholz, Kuipers, Richardville, Nofs, Olshove, Clarke, Thomas and Clark‑Coleman

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Thursday, March 18, 2010, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Van Woerkom, Cassis and Whitmer

Excused: Senator Gleason

Scheduled Meetings

Agriculture and Bioeconomy - Thursday, March 25, 9:00 a.m., Room 110, Farnum Building (373-1635)

Appropriations - Wednesday, March 24, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑6960)

Subcommittees -

Capital Outlay - Thursday, March 25, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Federal Stimulus Oversight - Wednesday, March 24, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

General Government - Thursday, March 25, 1:00 p.m., Room 210, Farnum Building (373-2768)

Commerce and Tourism - Wednesday, March 24, 8:30 a.m., Room 100, Farnum Building (373-2413)

Finance - Wednesday, March 24, 9:00 a.m., Room 110, Farnum Building (373-1758)

Hunting, Fishing and Outdoor Recreation - Thursday, March 25, 1:00 p.m., Room 100, Farnum Building (373-1777)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 4:12 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Wednesday, March 24, 2010, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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