No. 55

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Thursday, June 10, 2010.

10:00 a.m.

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

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—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—excused

Brown—present Jansen—present Stamas—excused

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 Nancy Cassis of the 15th District offered the following invocation:

“Turn! Turn! Turn! (to Everything There is a Season).” These are the opening lyrics of a song made famous by The Byrds and taken from Ecclesiastes 3. Let me share them with you:

“To Everything (Turn, Turn, Turn)

There is a season (Turn, Turn, Turn)

And a time to every purpose, under Heaven

A time to be born, a time to die

A time to plant, a time to reap

A time to kill, a time to heal

A time to laugh, a time to weep

To Everything (Turn, Turn, Turn)

There is a season (Turn, Turn, Turn)

And a time to every purpose, under Heaven

A time to build up, a time to break down

A time to dance, a time to mourn

A time to cast away stones, a time to gather stones together

To Everything (Turn, Turn, Turn)

There is a season (Turn, Turn, Turn)

And a time to every purpose, under Heaven

A time of love, a time of hate

A time of war, a time of peace

A time you may embrace, a time to refrain from embracing

To Everything (Turn, Turn, Turn)

There is a season (Turn, Turn, Turn)

And a time to every purpose, under Heaven

A time to gain, a time to lose

A time to rend, a time to sew

A time for love, a time for hate

A time for peace, I swear it’s not too late”

Dear God, these words are particularly poignant as 29 termed Senators and 9 incumbent Senators share the last 204 days of our journey together. God, You did not place us here by chance, accident, or coincidence. You gave us life, spirit, and a path to serve. It is now our season to reflect, to recommitment, and to find peace and discord—a time to gather goodwill; a time to harvest the seeds we have sown.

Above all else, it is a time to turn to You, dear God, and ask for Your everlasting love to shine upon the members of this Senate, their families, and staff. Infuse us with understanding and compassion. Let us celebrate the true joy of the time we have left together. Amen.

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

Motions and Communications

Senators Kuipers, Sanborn, Gleason, Allen, George and Garcia entered the Senate Chamber.

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

The motion prevailed.

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

The motion prevailed.

Senator Anderson moved that Senators Scott 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 Wednesday, June 9:

House Bill Nos. 4556 5889 6129 6203

The Secretary announced that the following official bills were printed on Wednesday, June 9, and are available at the legislative website:

Senate Bill Nos. 1371 1372 1373 1374 1375 1376 1377 1378

House Bill Nos. 6237 6238 6239 6240 6241 6242 6243

Messages from the Governor

The following message from the Governor was received on June 9, 2010, and read:

EXECUTIVE ORDER

No. 2010-6

Declaration of State of Emergency

Monroe County

WHEREAS, a series of severe storms moved through southern Michigan between June 5 and June 6, 2010, causing significant damage to buildings, trees, electrical power lines, roads, and drains;

WHEREAS, the Village of Dundee, the Township of Dundee, Frenchtown Charter Township, the Village of Estral Beach, and other local areas in Monroe County suffered particularly severe damage from this storm including very substantial damage to residences and commercial buildings;

WHEREAS, on June 6, 2010, Monroe County declared a local state of emergency and requested state assistance;

WHERAS, the Michigan Department of State Police immediately activated the state emergency operations center to provide logistical support and assistance and deployed state resources to the affected area including additional state police troopers to assist with traffic control and law enforcement issues, Michigan Department of Transportation personnel and equipment to assist with clearing state highways and trunk lines, and emergency management personnel to provide support at the county emergency operations center;

WHEREAS, on June 8, 2010, the Michigan State Police received a request from the Monroe County asking for a state declaration of emergency and for state resources to assist with local clean up and recovery efforts;

WHEREAS, the Emergency Management Act, 1976 PA 390, MCL 30.403 to 30.421, authorizes the Governor to declare a state of emergency when she finds that an emergency has occurred or the threat of emergency exists and state assistance is required to supplement local efforts and capabilities to save lives, protect property and the public health and safety, or to lessen or avert the threat of a catastrophe in any part of this state;

WHEREAS, the Monroe County has declared that local resources are insufficient to address the situation and has requested state assistance;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and the authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, including the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, order the following:

1. A State of Emergency is declared in Monroe County.

2. The Emergency Management and Homeland Security Division of the Department of State Police shall coordinate and maximize all state efforts that may be activated to state service to assist local government and officials in Monroe County, and may call upon all state departments to utilize available resources to assist in the emergency area focusing on public health and safety concerns consistent with the Michigan Emergency Management Plan.

3. The State of Emergency is terminated at such time as emergency conditions no longer exist and appropriate programs have been implemented to recover from the effects of the emergency conditions but in no case later than July 7, 2010.

This order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 9th day of June in the year of our Lord, two thousand and ten.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

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

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 Jacobs 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 without amendment, the following bills:

Senate Bill No. 1257, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 4 (MCL 168.4), as amended by 2003 PA 302.

Senate Bill No. 1259, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 381 (MCL 168.381), as amended by 2006 PA 122.

Senate Bill No. 1260, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642a (MCL 168.642a), as amended by 2005 PA 71.

The bills were placed on the order of Third Reading of Bills.

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

Senate Bill No. 1126, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 305 (MCL 168.305), as amended by 2004 PA 287.

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.

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

Senate Bill No. 1258, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 322 (MCL 168.322), as amended by 2003 PA 302.

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.

Resolutions

Senators Brater and Barcia entered the Senate Chamber.

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

House Concurrent Resolution No. 41

The motion prevailed.

Senators Pappageorge, Jacobs, Garcia, Kuipers, Birkholz, Clarke, Hardiman and Kahn offered the following resolution:

Senate Resolution No. 163.

A resolution declaring June 10, 2010, as Older Michiganians Day in the state of Michigan.

Whereas, More than 1.8 million citizens age 60 and older make Michigan their home and deserve our support and our utmost respect for their many contributions to our communities and our state. Older citizens play a vital role in cities and towns all across our great state; and

Whereas, Older Michiganians are active supporters of Michigan’s economy, workforce, charities, religious institutions, local communities, and institutions of government. This group is one of our state’s greatest resources of understanding our past and improving our future. They are truly a foundation upon which we can build a better tomorrow; and

Whereas, This invaluable group of citizens is being honored and admired for their many contributions to the state of Michigan. They have are an indispensable source of knowledge and inspiration; now, therefore, be it

Resolved by the Senate, That the members of this legislative body declare June 10, 2010, as the third annual Older Michiganians Day. It is our hope that on this day all Michiganians will honor the older citizens in their lives and recognize the many contributions they have made to Michigan communities; and be it further

Resolved, That a copy of this resolution be transmitted to the 2010 Older Michiganians Day Steering Committee.

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 resolution was adopted.

Senators Allen, Anderson, Barcia, Nofs, Prusi, Richardville and Switalski were named co‑sponsors of the resolution.

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

The motion prevailed.

Senator Pappageorge’s statement is as follows:

My resolution establishes today, June 10, 2010, as Older Michiganians Day in the state of Michigan. Today we recognize the more than 1.6 million citizens aged 60 and older who make Michigan their home. This resolution honors older Michiganians for the vital role they play in helping us to understand our past and improve our future. Thank you, and I hope my colleagues will join me in supporting this resolution.

House Concurrent Resolution No. 34.

A concurrent resolution to express support for active transportation infrastructure options that promote walking and bicycle usage and reduce childhood obesity.

Whereas, A transportation network that provides active options for people holds many benefits for our citizens, our individual communities, and our state as a whole. Any modifications in our transportation infrastructure and policy that could increase physical activity, reduce traffic, and bring greater efficiency in the use of resources should be encouraged; and

Whereas, A transportation system conducive to bicycling and walking improves public health, reduces pollution, and holds great potential for revitalizing communities and spurring economic development. Such a comprehensive approach could also reduce some of the notable costs from obesity and other health-related problems incurred each year across our state; and

Whereas, The health of our youth is an especially critical issue. More than a quarter of children and adolescents are overweight or obese, and lack of physical activity contributes considerably to this. While there are obviously many aspects of this problem, in 1969, half of the nation’s children walked or rode a bike to school each day; today, this figure is closer to one in 10; and

Whereas, Nationally, it is estimated that one quarter of trips are less than a mile, and half of all trips are less than 5 miles. The majority of these are made by car. Access to safe and reliable options could change the way we travel and alter the character of our communities; and

Whereas, Numerous programs have attempted to encourage children and their parents to become more active and, when practical, to walk or ride a bike to work or school. These programs include measures such as the Safe Routes to School program enacted by Congress, the Michigan Department of Transportation’s Context Sensitive Solutions and other initiatives, and the Complete Streets approach to promote safe access and sidewalks; and

Whereas, The Michigan Department of Transportation, which has developed long-range transportation plans that reflect alternate travel options as a priority and which has adopted the Context Sensitive Solutions design process, can be a key resource for counties and local communities across our state; and

Whereas, “Complete Streets” are roadways designed to accommodate safe access for all users. Pedestrians, bicyclist, motorists, and transit riders of all ages and abilities are able to move safely along and across Complete Streets to school, work, play, or run errands; and

Whereas, Complete Streets principles and concepts are continuing to be adopted nationwide at state, county, metropolitan planning organization, and city levels in the interest of proactive planning of multi-modal transportation options and in adherence to federal regulation; and

Whereas, Of the 118,327 miles of roads open to bicyclists, pedestrians, and other non-motorized users, the Michigan Department of Transportation has jurisdiction over approximately 7 percent, the state’s 83 counties oversee 75 percent, and cities and villages administer about 18 percent; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express support for programs and policies that include consideration of bicycle, pedestrian, and transit needs in the planning and development of transportation facilities. We urge the Michigan Department of Transportation to work with counties and local communities and expand active transportation options across our state; and be it further

Resolved, That we urge county and local road agencies with the construction or reconstruction of transportation facilities to act in accordance with Complete Streets, Context Sensitive Solutions, and Safe Routes to School principles; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Transportation.

The House of Representatives has adopted the concurrent resolution.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,

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

The motion prevailed.

Senators Anderson, Barcia, Clarke, Jacobs, Prusi and Switalski were named co‑sponsors of the concurrent resolution.

Senate Concurrent Resolution No. 37.

A concurrent resolution to urge inclusion of an addendum to address aquatic invasive species in the Great Lakes Water Quality Agreement.

(For text of resolution, see Senate Journal No. 27, p. 492.)

The House of Representatives has adopted the concurrent resolution and named Reps. Ball, Lisa Brown, Terry Brown, Byrnes, Crawford, Ebli, Espinoza, Hansen, Hildenbrand, Robert Jones, LeBlanc, Liss, Lori, Pearce, Roberts, Scripps, Valentine and Warren as co‑sponsors of the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Senate Concurrent Resolution No. 38.

A concurrent resolution to urge the Great Lakes-St. Lawrence River Basin Water Resources Council to scrutinize carefully the proposed diversion at Waukesha, Wisconsin.

(For text of resolution, see Senate Journal No. 27, p. 493.)

The House of Representatives has adopted the concurrent resolution and named Reps. Ball, Terry Brown, Byrnes, Crawford, Daley, Ebli, Espinoza, Hildenbrand, Robert Jones, Lori, Pearce, Roberts, Scripps, Valentine and Warren as co‑sponsors of the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

By unanimous consent the Senate returned to the order of

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. 928, 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 substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Cropsey moved that the rule be suspended.

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

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

Senator Hardiman offered the following amendments to the substitute:

1. Amend page 1, line 7, by striking out “192,913,800” and inserting “190,913,800”.

2. Amend page 2, line 3, by striking out “192,913,800” and inserting “190,913,800”.

3. Amend page 2, line 10, by striking out “2,000,000” and inserting “0”.

4. Amend page 5, line 6, by striking out “62,370,800” and inserting “60,370,800”.

5. Amend page 5, line 10, by striking out “62,370,800” and inserting “60,370,800”.

6. Amend page 5, line 17, by striking out “2,000,000” and inserting “0”.

7. Amend page 5, line 26, by striking out all of subsection (3).

8. Amend page 8, line 23, after “is” by striking out “$2,000,000.00” and inserting “$0.00”.

9. Amend page 10, line 22, by striking out all of section 301 and adjusting the subtotals, totals, and section 201 accordingly.

The amendments to the substitute were adopted.

Senator Kahn offered the following amendment to the substitute:

1. Amend page 10, following line 21, by inserting:

“DEPARTMENT OF COMMUNITY HEALTH

Sec. 251. The department of community health shall provide a spending plan for the appropriations in part 1 for state health information exchange (ARRA) by June 30, 2010. This spending plan shall be provided to the senate and house appropriations subcommittees on community health, the senate and house fiscal agencies, and the state budget director.”.

The amendment to the substitute was adopted.

The question being on concurring in the House substitute, as amended,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 296 Yeas—33

Allen Clark-Coleman Hunter Olshove

Anderson Clarke Jacobs Pappageorge

Barcia Cropsey Jansen Prusi

Basham Garcia Jelinek Richardville

Birkholz George Kahn Sanborn

Bishop Gilbert Kuipers Switalski

Brater Gleason McManus Van Woerkom

Brown Hardiman Nofs Whitmer

Cherry

Nays—2

Cassis Patterson

Excused—3

Scott Stamas Thomas

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.

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 House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Cropsey moved that the rule be suspended.

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

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

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

Roll Call No. 297 Yeas—13

Anderson Cherry Hunter Prusi

Barcia Clark-Coleman Jacobs Switalski

Basham Gleason Olshove Whitmer

Brater

Nays—22

Allen Cropsey Jelinek Pappageorge

Birkholz Garcia Kahn Patterson

Bishop George Kuipers Richardville

Brown Gilbert McManus Sanborn

Cassis Hardiman Nofs Van Woerkom

Clarke Jansen

Excused—3

Scott Stamas Thomas

Not Voting—0

In The Chair: Richardville

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

House Bill No. 4893

Senate Joint Resolution V

The motion prevailed.

The following bill was read a third time:

House Bill No. 4893, entitled

A bill to amend 1953 PA 181, entitled “An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon,” by amending section 5 (MCL 52.205), as amended by 2006 PA 569.

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. 298 Yeas—22

Allen Garcia Kahn Patterson

Birkholz George Kuipers Richardville

Bishop Gilbert McManus Sanborn

Brown Hardiman Nofs Switalski

Cassis Jansen Pappageorge Van Woerkom

Cropsey Jelinek

Nays—13

Anderson Cherry Gleason Olshove

Barcia Clark-Coleman Hunter Prusi

Basham Clarke Jacobs Whitmer

Brater

Excused—3

Scott Stamas Thomas

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.

The Senate agreed to the title of the bill.

The following joint resolution was read a third time:

Senate Joint Resolution V, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 8 to article XI, to disqualify a person who has been convicted of certain felonies from election or appointment to an elective office in this state.

The question being on the adoption of the joint resolution,

Senator Hunter offered the following substitute:

Substitute (S-2).

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

The question being on the adoption of the joint resolution,

The joint resolution was adopted, 2/3 of the members serving voting therefor, as follows:

Roll Call No. 299 Yeas—35

Allen Cherry Hunter Pappageorge

Anderson Clark-Coleman Jacobs Patterson

Barcia Clarke Jansen Prusi

Basham Cropsey Jelinek Richardville

Birkholz Garcia Kahn Sanborn

Bishop George Kuipers Switalski

Brater Gilbert McManus Van Woerkom

Brown Gleason Nofs Whitmer

Cassis Hardiman Olshove

Nays—0

Excused—3

Scott Stamas Thomas

Not Voting—0

In The Chair: Richardville

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

The amendment to the title was adopted.

The Senate agreed to the title as amended.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Barcia, Jacobs, Kahn, Birkholz and Allen introduced

Senate Bill No. 1384, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16333, 17705, 17707, 17709, 17711, and 17731 (MCL 333.16333, 333.17705, 333.17707, 333.17709, 333.17711, and 333.17731), section 16333 as added by 1993 PA 80, section 17705 as amended by 1986 PA 304, section 17707 as amended by 1990 PA 333, section 17709 as amended by 2006 PA 672, section 17711 as amended by 2006 PA 390, and section 17731 as amended by 1994 PA 234, and by adding sections 17735, 17736, and 17744.

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

House Bill No. 4556, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 675d (MCL 257.675d), as amended by 2008 PA 171.