No. 27

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2009

Senate Chamber, Lansing, Wednesday, April 1, 2009.

10:00 a.m.

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

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

Allen—present Garcia—present Olshove—present

Anderson—present George—present Pappageorge—present

Barcia—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

Reverend Joseph Huston of Central United Methodist Church of Lansing offered the following invocation:

Holy and gracious God, we come to You this morning thanking You for the gift of this new day. May each and every one of us be open to the blessings and the possibilities You give to us all.

In this moment, we take a moment to think about those at home—family members, friends, constituents—and the challenges that they face this day. As this body meets together to deliberate, may their needs and their situations be uppermost in their minds.

As the members gather together, we thank You for every municipal and state worker and employee who serves the public good day in and day out. Thank You for their diligence and faithfulness every day. Thank You for the dedication and commitment of every elected official across this great state of ours and for the members of this body.

God, our state, nation, and our world face great challenges in these days with the economic downturn, loss of jobs, and the struggle of so many to simply keep their homes and make ends meet. In the face of these challenges, Lord, we confess humbly and openly that we need Your help. So we ask that there would be a spirit of openness to Your inspiration and to Your creative genius in this Senate as they deliberate. May each member see in every challenge opportunities and possibilities for the common good of all.

And so this day and every day, bless them and their work. Amen.

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

Motions and Communications

Senator Richardville entered the Senate Chamber.

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

The motion prevailed.

Senators Van Woerkom, Brown and Birkholz entered the Senate Chamber.

Senator Thomas moved that the Committee on Commerce and Tourism be discharged from further consideration of the following bills:

House Bill No. 4083, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.

House Bill No. 4084, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 15 (MCL 125.2665), as amended by 2007 PA 201.

House Bill No. 4085, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241a (MCL 18.1241a), as added by 1988 PA 504.

House Bill No. 4086, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 264 (MCL 18.1264), as added by 1988 PA 504, and by adding section 264a.

House Bill No. 4087, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 241c.

House Bill No. 4088, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 15 and 16 (MCL 125.2695 and 125.2696), and by adding sections 8g and 8h.

House Bill No. 4089, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending sections 8 and 10 (MCL 207.808 and 207.810), section 8 as amended by 2008 PA 257 and section 10 as amended by 2006 PA 283.

House Bill No. 4090, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2008 PA 448.

House Bill No. 4091, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2008 PA 504.

House Bill No. 4092, entitled

A bill to amend 1963 PA 62, entitled “Industrial development revenue bond act of 1963,” (MCL 125.1251 to 125.1267) by adding section 5a.

House Bill No. 4093, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 4 (MCL 207.554), as amended by 2004 PA 437.

On which motion Senator Switalski moved that the previous question be ordered.

The motion prevailed.

The question being on the motion to discharge the Committee on Commerce and Tourism from further consideration of the bills,

The motion did not prevail, a majority of the members serving not voting therefor.

Senator Thomas requested the yeas and nays.

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

The motion did not prevail, a majority of the members serving not voting therefor, as follows:

Roll Call No. 84 Yeas—16

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Switalski

Basham Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: President

Protests

Senators Allen and Cropsey, under their constitutional right of protest (Art. 4 Sec. 18), protested against the motion to discharge the Commerce and Tourism Committee from further consideration of House Bill Nos. 4083-4093.

Senator Allen’s statement is as follows:

I rise to offer a “no” vote explanation on the motion to discharge House Bill Nos. 4083-4093 from the committee which I chair and have tried to work on a bipartisan basis—Committee on Commerce and Tourism. Everyone in this chamber recognizes that improving Michigan’s economy and finding ways to put Michigan citizens to work are among our most important tasks. As we struggle with double-digit unemployment rates, we recognize that Michigan’s citizens are struggling to find jobs, and we need to do that and we need to work hard to support them.

I take seriously the responsibility to consider any legislation in front of my committee that will put citizens to work. But the motion to discharge these bills from the Committee on Commerce and Tourism is purely political gamesmanship. That is because most of the provisions of the bills don’t take effect until July 1, 2009. In other words, if the Senate passed the legislation today and the Governor signed it tomorrow, none of the companies in the legislation would seek to affect a single job until July. So why rush this legislation when we have been working on a bipartisan basis with the administration on unemployment?

These 12 bills were referred to the Senate Committee on Commerce and Tourism March 18, exactly two weeks ago. Two weeks is not nearly enough time to review the potential impact of this legislation. It has been two weeks since this legislation has been in committee, and we have had numerous concerns expressed to our office. But I do believe there is merit in much of the legislation.

This is an example of an issue that needs to have some consideration, and we should not rush these bills through the Senate, but have fair and thoughtful debate. This legislation has merit, and while we recognize the urgency of creating jobs, that is not an excuse to not do our due diligence when we consider the impact of these bills and the efforts to attract new businesses and companies to our state.

In addition, perhaps we should take a broader look at how we can help Michigan companies and their employees. Maybe we should consider that there are companies in Manistique that could benefit from contracts from the state of Michigan on paper; or perhaps the Great Lakes Tissue Company in Cheboygan that could have viable hand towels supplied to the state of Michigan. I believe that we should consider and focus on forcing the hands of companies to make hiring decisions for Michigan employees, but we should also take a look at the impact on the supply chain.

These are some of the examples, some of the directions I think we should consider as we make a reasonable approach on House Bill Nos. 4083-4093.

Senator Cropsey’s statement is as follows:

Earlier today I voted “no” on discharging from committee the package of House bills euphemistically referred to as the Hire Michigan First bills. Why? Because it gives the House Democrats cover for their own Governor’s refusal to hire Michigan workers first. My “no” vote was very reluctant because I have some faint hope that the current Democratic administration will finally, after over six years of recession, start putting into contracts a requirement that bidders agree to hire Michigan workers first.

Apparently, this administration is refusing to hire Michigan workers first, such as the recent health care contract with the Department of Corrections, laying off dozens of Michigan employees and hoping that a firm from the Deep South will hire them back; or such as MDOC choosing an Ohio firm over Michigan firms for food service; such as utilizing offshore companies to staff phone centers; and even buying cars from other states.

I understand that this administration has apparently not focused on using tax dollars to hire Michigan workers first, and the House Democrats are upset with the administration. I agree with their concern. The administration needs to serve the citizens of Michigan first, and I don’t know what contractual values are more important than putting Michigan citizens to work.

So I agree that Michigan contracts ought to prioritize hiring Michigan workers. I agree that Michigan contracts ought to hire U.S. citizens and not aliens. I agree with the House Democrats that this administration needs to stop letting so many contracts end up hiring out-of-state workers while Michigan citizens are unemployed.

But I need to ask a fundamental question. Why doesn’t this administration just do the right thing and require any contract with public money to hire Michigan workers first? The bills are a forceful condemnation of the administration. The bills expose a deep hypocrisy in the Governor’s departments, where the administration talks about helping Michigan, but then, apparently, does just the opposite. Apparently, internal appeals to hire Michigan workers first have failed, and House Democrats believe only a law will force this administration to hire Michigan workers first. No wonder consumer confidence is at a 50-year low.

So, coming in full circle, I voted “no” but very, very reluctantly. All these bills do is give the administration an excuse to continue denying jobs to Michigan workers until she gets the bills on her desk. That is shameful. I decry this administration’s apparent refusal to hire Michigan workers first, and I decry the administration’s apparent deaf ear to appeals to hire Michigan workers first. The administration should just do it today by requiring any contract with public money, as a condition of the contract, to hire Michigan workers first. Don’t wait for the bills. The administration has already lost three months, while the Obama Administration drives our auto workers into bankruptcy. But why wait for the process to get to the Governor’s desk?

Just do the right thing. Do it now—not in a month, not in a week. Today. Just do it.

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

The motion prevailed.

Senator Anderson’s statement is as follows:

With unemployment around 12 percent, it is imperative that we do everything in our power to make sure that Michigan residents can get good jobs. That includes making sure that these hardworking men and women can count on companies that receive state funding and incentives to hire them first. Michigan residents should be able to see their dollars working to create jobs with companies that will hire Michigan workers and not outsource jobs to out-of-state workers.

Passing the Hire Michigan First legislation will jumpstart the economy by making sure that every state dollar invested in a company is going toward creating jobs right here. This is not mere speculation. It has actually happened in places all over our state. Not just one, but two different companies brought in workers from out of the state to repaint our great Mackinac Bridge—our bridge, painted by workers from some other state or country.

After getting millions in tax breaks from Michigan taxpayers, a Colorado-based company working in Battle Creek shipped workers in instead of people right here who needed work. The company working in an ethanol plant in Marysville shipped in workers from all over Texas to do the work. Well, forget about “Don’t mess with Texas”; this Hire Michigan First legislation says, “Don’t mess with Michigan workers.”

The more responsive companies are in hiring Michigan residents, the more they will be able to receive in state contracts and tax benefits. Companies that rely on the Michigan Economic Development Corporation, the Michigan Economic Growth Authority, Renaissance Zone Act, and other state agencies that offer economic assistance will be required to be accountable for hiring Michigan residents first.

When we are looking at unemployment of 12 percent, this is urgent, and I would implore everyone in this body to consider the urgency of discharging these bills and taking them up today. The state of Michigan is investing nearly $1.25 billion a year in economic incentives to attract businesses and create jobs. These benefits should be going to companies that will guarantee that our workers are hired from Michigan.

The hardworking people of this state are the backbone of our economy, and as leaders, we have an opportunity to put them to work building our future. Michigan jobs should go to Michigan workers first and foremost, and it’s time that we pass Hire Michigan First legislation to make sure that happens.

Recess

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

The motion prevailed, the time being 10:21 a.m.

11:35 a.m.

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

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. 243

Senate Bill No. 247

House Bill No. 4096

House Bill No. 4668

House Bill No. 4669

House Bill No. 4397

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

The following communication was received:

Joint Committee on Administrative Rules

Waiver of Remaining Session Days

March 31, 2009

The Joint Committee on Administrative Rules has by a concurrent majority vote, waived the remaining session days, pursuant to MCL 24.245a(1), for the proposed rule set dated February 6, 2009 as follows: Department of Energy, Labor and Economic Growth—State Housing Development Authority—General Rules (2008-045 LG).

According to MCL 24.245a(2), if the Committee waives the remaining session days, the State Office of Administrative Hearings and Rules may immediately file the rule.

Sincerely,

Representative Dudley Spade

Chair

Senator John Papageorge

Alternate Chair

The communication was referred to the Secretary for record.

COMMITTEE ATTENDANCE REPORT

The Joint Committee on Administrative Rules submitted the following:

Meeting held on Tuesday, March 31, 2009, at 8:30 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Van Woerkom, Kuipers and Clarke

Excused: Senators Pappageorge (C) and Barcia

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 31:

House Bill Nos. 4384 4385 4386 4387 4388 4390 4391 4392 4400 4401 4649 4650 4655 4656

4657 4658 4659 4660 4661 4662 4673

The Secretary announced that the following official bills were printed on Tuesday, March 31, and are available at the legislative website:

Senate Bill Nos. 411 412

Messages from the Governor

The following messages from the Governor were received and read:

March 31, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to office under Section 22211 of the Public Health Code, 1978 PA 368, MCL 333.22211:

Certificate of Need Commission

Mr. Bradley N. Cory, a Republican, of 110 Lakewood Lane, Marquette, Michigan 49855, county of Marquette, is reappointed to represent nursing homes, for a term expiring April 9, 2012.

Mr. Marc D. Keshishian, M.D., a Democrat, of 30498 Fox Club Drive, Farmington Hills, Michigan 48331, county of Oakland, is reappointed to represent a nonprofit health care corporation operating pursuant to The Nonprofit Health Care Corporation Reform Act, 1980 PA 350, MCL 550.1101 to 550.1703, for a term expiring January 1, 2012.

Mr. Adam A. Miller, a Democrat, of 711 Barrington Road, Grosse Pointe Park, Michigan 48230, county of Wayne, is reappointed to represent organized labor unions in this state, for a term expiring January 1, 2012.

Mr. Michael A. Sandler, M.D., a Democrat, of 4270 Barcroft Way, West Bloomfield, Michigan 48323, county of Oakland, is reappointed to represent individuals licensed under part 170 to engage in the practice of medicine, for a term expiring April 9, 2012.

March 31, 2009

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 Section 4 of 1973 PA 196, MCL 15.344:

Board of Ethics

Mr. John D. Pirich, a Democrat, of 6431 Oakencliffe Lane, East Lansing, Michigan 48823, county of Ingham, is reappointed for a term expiring February 7, 2013.

Mr. Milo “Mike” Pumford, a Republican, of 8521 South Lakeside Drive, Newaygo, Michigan 49337, county of Newaygo, is reappointed for a term expiring February 7, 2013.

March 31, 2009

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 Section 76503 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.76503:

Mackinac Island State Park Commission

Ms. Karen L. Karam, a Democrat, of 16803 31 Mile Road, Ray, Michigan 48096, county of Macomb, is reappointed for a term expiring April 12, 2015.

The Honorable Frank J. Kelley, a Democrat, of 208 North Capitol, 3rd Floor, Lansing, Michigan 48933, county of Ingham, is reappointed for a term expiring April 12, 2015.

March 31, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointments to office under Section 2 of 1975 PA 164, MCL 18.302:

Commission on Spanish-Speaking Affairs

Mr. Arthur S. Luna of 116 Mapleview Drive, Charlotte, Michigan 48813, county of Eaton, succeeding Ana Gabriel, whose term has expired, is appointed to represent the general public, for a term commencing March 31, 2009 and expiring December 10, 2011.

Mr. Frederick Feliciano of 410 North Vernon Street, Dearborn, Michigan 48128, county of Wayne, is reappointed to represent the general public, for a term expiring December 10, 2011.

Mr. Benjamin D. Inquilla of 685 Glenview Circle, Plainwell, Michigan 49080, county of Allegan, is reappointed to represent the general public, for a term expiring December 10, 2011.

Mr. Miguel A. Ramirez of 41580 Robin Street, Mattawan, Michigan 49071, county of Van Buren, is reappointed to represent the general public for a term expiring December 10, 2011.

Ms. Alicia Villarreal of 27331 Grant Street, St. Clair Shores, Michigan 48081, county of Macomb, is reappointed to represent the general public for a term expiring December 10, 2011.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations and Reform.

Messages from the House

Senate Bill No. 227, entitled

A bill to amend 2008 PA 260, entitled “Subsidized guardianship assistance act,” by amending the title and sections 1, 2, 3, 4, 5, 6, and 9 (MCL 722.871, 722.872, 722.873, 722.874, 722.875, 722.876, and 722.879) and by adding sections 5a and 5b; and to repeal acts and parts of acts.

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. 379, entitled

A bill to amend 1988 PA 161, entitled “Consumer financial services act,” by amending section 9 (MCL 487.2059), as amended by 1999 PA 275.

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. 380, entitled

A bill to amend 1987 PA 173, entitled “Mortgage brokers, lenders, and servicers licensing act,” by amending section 1a (MCL 445.1651a), as amended by 2008 PA 66.

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. 381, entitled

A bill to amend 1981 PA 125, entitled “The secondary mortgage loan act,” by amending section 1 (MCL 493.51), as amended by 2008 PA 325.

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 Clarke 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:

House Bill No. 4668, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 17 (MCL 421.17), as amended by 2003 PA 174.

House Bill No. 4669, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 20 (MCL 421.20), as amended by 2008 PA 479.

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. 243, entitled

A bill to make appropriations for the department of energy, labor, and economic growth for the fiscal year ending September 30, 2010; 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 19, following line 27, by inserting:

“(x) “MARVIN” means Michigan’s automated response voice interactive network.” and relettering the remaining subdivisions.

2. Amend page 31, following line 21, by inserting:

“Sec. 333. The department shall report quarterly to the members of the house and senate committees on appropriations, the fiscal agencies, and the state budget director on the percentage of unemployment claimants that meet the certification requirements for receiving benefits by using the internet MARVIN system. The department shall implement improvements to the internet MARVIN system that promote greater ease of access and security with a goal of reaching 50% of users certifying by using the internet MARVIN system by July 1, 2010.”.

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. 247, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2010; and to provide for the expenditure of the appropriations.

Substitute (S-2).

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

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

House Bill No. 4096, entitled

A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending sections 1, 2, and 4 (MCL 780.651, 780.652, and 780.654), section 1 as amended by 2003 PA 185 and section 4 as amended by 2002 PA 112.

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:

House Bill No. 4045, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2008 PA 284.

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:

House Bill No. 4397, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2008 PA 307.

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. 243

Senate Bill No. 247

House Bill No. 4096

House Bill No. 4668

House Bill No. 4669

House Bill No. 4397

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. 243

Senate Bill No. 247

Senate Bill No. 362

Senate Bill No. 363

Senate Bill No. 34

House Bill No. 4096

House Bill No. 4668

House Bill No. 4669

House Bill No. 4397

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 243, entitled

A bill to make appropriations for the department of energy, labor, and economic growth and certain other state purposes for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The question being on the passage of the bill,

Senator Anderson offered the following amendments:

1. Amend page 14, line 27, by striking out all of line 27.

2. Amend page 15, line 3, by striking out “247,488,800” and inserting “255,888,800”.

3. Amend page 15, line 6, by striking out “3,479,700” and inserting “3,079,700”.

4. Amend page 16, line 16, by striking out “35,791,400” and inserting “43,291,400” and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 34, line 7, by striking out all of section 364.

6. Amend page 51, line 26, by striking out all of section 831 and inserting:

“Sec. 831. (1) Of the funds appropriated in part 1 for workforce training programs subgrantees, $15,000,000.00 general fund/general purpose revenue shall be used for the no worker left behind program, to be distributed as follows:

(a) At least $2,500,000.00 but not more than $5,000,000.00 shall be used to provide adult basic education, remedial education, or other training for individuals not ready for postsecondary education, in order to prepare these individuals for postsecondary training and new careers.

(b) Of the remaining funds, the department shall provide individuals with direct training in in-demand occupations, as determined by local workforce investment boards. These funds shall be distributed to local Michigan works! agencies based on demonstrated need. In distributing these funds, the department shall ensure funds are used for individuals who are ready for training in in-demand occupations and for whom training slots are available. Any Michigan works! agency receiving these funds shall reserve a portion, or otherwise assure that it has sufficient resources, to pay for the full course of approved training for each individual served.

(2) The department shall convene a workgroup composed of individuals with expertise in adult education, community college leaders, and other interested parties to develop plans to increase collaboration among all parties involved in adult education.

(3) The department shall develop a data collection system that provides information on a real-time basis on available training for the top 50 occupations requiring postsecondary education that are most in demand by Michigan employers.

(4) In distributing funds for worker training and education, the department shall seek to maximize participation among food stamp recipients in order to obtain matching funds under the federal food stamp employment and training program established under chapter 51, title 7 of the United States Code, 7 USC 2011, et seq. The department shall also distribute funds in a manner that leverages other federal funds as well as funds from private and local sources.

(5) No later than March 1, the department shall submit a report to the senate and house of representatives standing committees on appropriations, the fiscal agencies, and the state budget office on the distribution of the $15,000,000.00 general fund/general purpose appropriation. The report shall include:

(a) The total amount distributed under subsection (1)(a) and (b) by Michigan works! agency.

(b) The balance remaining in the work project account.

(c) Detailed information on the number of food stamp recipients receiving training and education assistance, and the amount of federal funds leveraged through the food stamp employment and training program.

(6) The general fund/general purpose funds appropriated in part 1 for the no worker left behind program are designated as work project appropriations and shall not lapse at the end of the fiscal year. Any unencumbered and unexpended fund shall continue to be available for expenditure until the project is completed. The total cost of the work project is estimated at $15,000,000.00 and the tentative completion date is September 30, 2011.”

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

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. 85 Yeas—16

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Switalski

Basham Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Scott offered the following amendment:

1. Amend page 35, line 21, by striking out all of section 406.

The amendment was not adopted, a majority of the members serving not voting therefor.

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. 86 Yeas—16

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Switalski

Basham Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Scott offered the following amendment:

1. Amend page 32, line 1, by striking out all of section 341.

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. 87 Yeas—17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Richardville Whitmer

Cherry

Nays—20

Allen Cropsey Jansen Pappageorge

Birkholz Garcia Jelinek Patterson

Bishop George Kahn Sanborn

Brown Gilbert Kuipers Stamas

Cassis Hardiman McManus Van Woerkom

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Thomas offered the following amendments:

1. Amend page 14, line 27, by striking out all of line 27.

2. Amend page 16, line 16, by striking out “35,791,400” and inserting “35,291,400” and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 34, line 7, by striking out all of section 364.

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. 88 Yeas—11

Basham Clarke Olshove Thomas

Cherry Hunter Prusi Whitmer

Clark-Coleman Jacobs Switalski

Nays—26

Allen Cassis Jansen Patterson

Anderson Cropsey Jelinek Richardville

Barcia Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Pappageorge Van Woerkom

Brown Hardiman

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Gleason offered the following amendment:

1. Amend page 34, following line 14, by inserting:

“Sec. 365. It is the intent of the legislature that the amount of dependent benefits offered to unemployment claimants be increased from $6.00 per dependent to $20.00 per dependent.”.

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. 89 Yeas—16

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Switalski

Basham Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

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. 90 Yeas—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Nays—16

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Switalski

Basham Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protests

Senators Scott and Thomas, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 243.

Senators Scott moved that statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Scott’s statement is as follows:

Our state is facing an unprecedented economic situation, and I realize the state must tighten its budget just as Michigan families are being forced to. That is why this budget is so important and why it is important to get it right. This budget provides funds to re-train workers, prevent home foreclosures, and aid the underprivileged and disabled.

I appreciate that funding is maintained for the Michigan Nursing Corps program, fire protection grants, and the Michigan Housing and Community Development Fund. But over half of the Governor’s recommended General Fund has been cut for the No Worker Left Behind program, which provides vital funds to re-train workers who have lost their jobs.

There is also boilerplate which not only ties the hands of MIOSHA’s ergonomics board, but calls on MIOSHA’s functions to be transferred to the federal government. Consequently, I cannot support this budget as is, but I hope that we will be able to work together to address these issues on the budget process moving forward.

So I ask my colleagues to oppose this budget.

Senator Thomas’ statement is as follows:

I voted “no” on the DELEG budget because I believed it contained unnecessary spending in a time of unprecedented economic upheavel for the state of Michigan. We heard an explanation from one proponent that the money for the transfer to the Agriculture Department was going for economic development activities. Another proponent said it was going for dairy inspectors. I think that highlights the point I was making that this is a $500,000 boondoggle to a nebulous state program which is unproven at best and, I think, unnecessary, and certainly not in the public’s best interest given our budget situation.

So for those reasons, I voted “no.”

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

The motion prevailed.

Senator Jansen’s first statement is as follows:

I think the previous speaker just ironed it out for me. He said all of the things that are going wrong in the state—the deficits and numbers going in the wrong direction. The silly thing is, agriculture is growing. We attack agriculture every chance we get, it seems. Here is an opportunity to say that agriculture, food processing, and food production are growing here in the state of Michigan. So now it is time for us to say that we claim it as an economic development tool.

In this budget I have said, “show us,” and they are going to have an opportunity to do that while they are growing already after, I would argue, many have attacked them day after day. So it is a chance for us to support our industry. I think it is to the tune of $70 billion a year.

So if you have a problem supporting an industry that is growing in the state of Michigan, I guess that is your choice. But today, I think we are here to say that agriculture is a valid economic development tool for the state of Michigan. For $500,000, I will put and stake my name on it because I believe it will turn out real jobs and real growth in the state of Michigan. If that is a problem for you, I would argue for you to vote against it.

Senator Brown’s statement is as follows:

The speaker from the 4th District, a good friend of mine, gave a tremendous analysis of the state of the economy. But he didn’t give the reason why we must do this. In fact, under any other set of circumstances, his speech should have been given from this side of the chamber.

That said, this is not a new program. In fact, it’s a de facto transfer, and let’s talk about why we have to have this transfer. This allows us to fill a hole in the Ag budget to pay for dairy inspections, a vital food safety issue. In fact, milk inspections are essential—may I repeat that, essential—and to claim otherwise is false to the truth. To put these inspections, Mr. President, on the back of milk producers is to burden them at a time when their margins can’t bear the added cost. If there is ever a role for government, here it is.

Agriculture is a growing sector of our economy, as the previous speaker said. The funding provided in the DELEG budget transferring to Ag will help foster this growing industry that provides more than $70 billion to our state’s economy. Again, this funding will help maintain important food safety inspections that are crucial to all residents of this state.

I urge members to defeat the amendment.

Senator Gleason’s statement is as follows:

I would like to speak about a dire situation. The previous speakers have indicated the economic status of our state. When we look at what has happened in the U.S. labor market, that reflects what has happened here in the state of Michigan. The national economy has lost 4.2 million payroll jobs in the past year. This is the largest drop since 1939, the recessionary period, a depression indeed—2.6 million jobs lost in the last four months.

My amendment says, let’s put the values back in family values. My wife and I are blessed to have two young children. In regard to that, the previous speaker mentioned how we have to change the legislation in regard to the federal stimulus unemployment package. In line with that, a key component of the American Recovery and Reinvestment Act is unemployment insurance modernization. Michigan is hurting right now. With the high level of unemployment, we need to do everything we can to help these families now.

My amendment would increase the dependent allowance from the current and longstanding $6 to $20 per dependent per week. Today our dependents get the equivalent of a Happy Meal per week to raise a child on. All of us would agree that that is not nearly enough, that we should do more for Michigan children. Unemployment is not welfare. The recipients are not based on poverty, but on previous wages they actually earned while in the workforce. The additional proportion for the children, while small, will be very helpful to a family’s budget in these times. The overall cost would not be excessive.

The average number of dependents claimed here in Michigan is .42 percent. In other words, most people do not claim their dependents. We would be providing strategic help to those who need it most with this amendment.

In addition, there is a five dependent cap, which means no matter how many children you have in the excess of four, you can only receive an allowance for five dependents. We can keep the costs under control with these struggling families and be able to put them back on their feet during these times.

We are one of only nine states in the country to offer less than $15 per dependent. We should be ashamed of this fact. If we claim, and many of us do, to care about our children and their futures, we need to start today by passing this amendment to show the true reflection on the thoughts of our children.

Many of us in this chamber claim to be pro-life, and I am one of them. But I believe our pro-life philosophy should extend beyond the birthing canal; that all segments of life are indeed dignified. And we can offer this amendment to say that our children are important to us. If those of you in this room think that this is too costly at this particular time, remember we are offering only a few hundred dollars per week to raise a family. We have an enormous amount of foreclosures, and health care coverage is being dropped daily. So let’s show Michigan citizens that we truly do care about our children.

This same body only a few years ago said that we didn’t think it was important that we do the SCHIP to provide health care for our children. Let’s stand up today and say that in these tough economic times, our children are worth more than $6 per week because, in fact, those of us who are parents know that it costs more than $6 per week. The money that we give them is not invested; it is not spent on a shopping splurge. This money is normally spent the day it is received. So let’s rev up this Michigan economy by giving those parents, particularly those children, a few more dollars to live on every single week.

Senator Jansen’s second statement is as follows:

To the amendment, we cannot change the amount of a benefit in the appropriations act. These are funds that are not appropriated, but they are paid by employers 100 percent. These are not dollars you and I get to appropriate. The employers are paying for this, and they’re doing this in the form of a tax.

So this is the wrong place. This is the wrong way to do it. The unemployment security act must be changed to do this, so I would ask that we reject this. Even if we did add that new higher dependent amount, we are at a ceiling of 365. Again, the numbers aren’t going to change.

I would ask my colleagues to reject this.

The following bill was read a third time:

Senate Bill No. 247, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2010; to provide for the expenditure of those appropriations; to provide for the disposition of fees and other income received by the state agencies; to create funds; to provide for the disbursement of certain grants; to provide for reports; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

The question being on the passage of the bill,

Senator Thomas offered the following amendments:

1. Amend page 4, line 21, by striking out all of lines 21 and 22.

2. Amend page 5, line 21, by striking out “5,221,300” and inserting “5,196,300” and adjusting all 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. 91 Yeas—16

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Switalski

Basham Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Nays—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Excused—0

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. 92 Yeas—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Nays—16

Anderson Cherry Hunter Scott

Barcia Clark-Coleman Jacobs Switalski

Basham Clarke Olshove Thomas

Brater Gleason Prusi Whitmer

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protests

Senators Brater, Clark-Coleman, Switalski, Jacobs and Gleason, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 247.

Senator Brater’s statement is as follows:

I appreciate the efforts of the chair of this subcommittee in restoring $4 million in arts funding and trying to juggle the difficult economic circumstances and budgetary circumstances we are in. But we need to recognize that the arts funding in this budget was originally about $8 million and zeroed out in the Governor’s rec and restored in this budget to $4 million. So it is an improvement, but it is still not at the level of the 2009 budget.

We need to put aside the idea that the arts are a frivolous and dispensable luxury. Not only do the arts have crucial aesthetic and cultural value and contribute to our quality of life, but they also play a real and significant role in Michigan’s economy. Arts activities have been measured by the Upjohn Institute in a study as 6.5 percent of Michigan’ economic activity. That is $4 billion a year of activity yielding 40,000 jobs. Another way of looking at this is that each $1 that we invest as a state in the arts yields $10 in economic activity and $34 in ripple effect activity.

For these reasons, as well as the underfunding of the library programs and many other deficiencies in the funding of line items in this budget, I will oppose this budget.

Senator Clark-Coleman’s statement is as follows:

I rise today to issue my “no” vote explanation primarily because of the elimination of the book distribution program and the reduction of library funding. What they did with the library funding was rob Peter to pay Paul. They took away $1.5 million from the library funding and gave it to the arts. We know that the arts need more money, but it is important that libraries are fully funded so they fulfill the promise of their creation.

A society with limited access to books is a damaged society. From the earliest bedtime stories to the access of computers; from story hours to study material; from picture books to practical guides; from daily newspapers to research projects—the doors of the future are open to those who can read. The main entry to that future is through the doors of our public libraries. In this time of economic woes, let’s not cut a resource that is so vital to citizens, such as income tax preparation and job resume and application preparation for laid-off workers.

Some neighborhoods, families, and children will be forced to forego library use because of limited operation hours and resources. For many, this is the only access to the Internet or training programs or the only chance that a child may have to meet his favorite author. We cannot afford to constrict one of our greatest resources when we need it the most at this time of economic struggles.

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

I appreciate the fiscally responsible approach that members have taken in adding the substitute that cuts the budget by 10 percent, but I think when we are cutting, we should use the scalpel rather than the meat cleaver. If we cut everything by 10 percent, on me, that is my head. Some of you might favor that approach with me, but I would rather take my left hand, as painful as that would be. To take my head would kill me. The same way if you have a rose bush and cut off all of the flowers, you would kill the bush. But if you choose a few well-placed stems and take those out, the whole bush can recover and survive.

So I think that when we are looking at libraries and the important work that they do, we risk losing that institution, rather than going in and restructuring and rethinking. Let’s adjust the entire budget, rather than across-the-board 10 percent cuts.

Senator Gleason’s statement is as follows:

I concur with the previous speaker about these drastic cuts. There are two particular concerns I have with this budget. The first is the slashing of our state libraries. We just went through Reading Month here in the state of Michigan. We all celebrated it. Many of us went around to our local school districts and read to the kids, emphasizing the great need to read and have the books accessible.

Schools are only open, typically, about 180-some days a year, but the libraries are open most of the time. I always try to encourage the young folks in my district that the most important time to read is during the summer when they don’t have a more scheduled regiment for learning, reading, and increasing their vocabulary; that they have access to their local library.

In the last few months, we’ve encouraged our residents, particularly those who were laid off, to go get online; to have access to the unemployment services of this state at their local libraries. It’s just one other way they can get their unemployment compensation and keep their families intact and their budget somewhat in order.

Another disturbing aspect of this budget is the book distribution centers. I think there would be few programs in the state that have met with such success. We have organizations in the Upper Penninsula and down here below which offer thousands of books—thousands of books—to our young readers across this state. Maybe not enough of us know about this book distribution center which we utilize annually. We’re talking about spending less than $350,000 on a program that offers millions and millions in dollars in resources to our young readers across this state.

So that is my “no” vote explanation, and I hope that we put a premium on year-round education at our local libraries and reward those who have offered many resources such as the book distribution centers in both the Upper Peninsula and down here below.

The Assistant President pro tempore, Senator Sanborn, assumed the Chair.

The following bill was read a third time:

Senate Bill No. 362, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 216 and 719a (MCL 257.216 and 257.719a), section 216 as amended by 2008 PA 539 and section 719a as amended by 1996 PA 136, and by adding sections 38a, 49a, and 74a.

The question being on the passage of the bill,

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

Roll Call No. 93 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—0

Not Voting—0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The President pro tempore, Senator Richardville, resumed the Chair.

The following bill was read a third time:

Senate Bill No. 363, entitled

A bill to regulate recreational vehicle dealers, manufacturers, wholesalers, warrantors, and their representatives; to regulate dealings between recreational vehicle manufacturers, wholesalers, warrantors, and dealers; to regulate dealings between consumers and recreational vehicle manufacturers, wholesalers, warrantors, and dealers; to prohibit certain trade practices; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.

The question being on the passage of the bill,

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

Roll Call No. 94 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 34, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 78101 and 78110 (MCL 324.78101 and 324.78110), section 78101 as amended by 2006 PA 466 and section 78110 as amended by 2004 PA 587.

The question being on the passage of the bill,

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

Roll Call No. 95 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—0

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. 4096, entitled

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. 96 Yeas—35

Allen Cherry Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Stamas

Birkholz George Kuipers Switalski

Bishop Gilbert McManus Thomas

Brater Gleason Olshove Van Woerkom

Brown Hardiman Pappageorge Whitmer

Cassis Hunter Patterson

Nays—2

Clark-Coleman Scott

Excused—0

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 bill was read a third time:

House Bill No. 4668, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 17 (MCL 421.17), as amended by 2003 PA 174.

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. 97 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—0

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 protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to provide for the collection of such contributions; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of the provisions of this act; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4669, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 20 (MCL 421.20), as amended by 2008 PA 479.

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. 98 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—0

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:

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4397, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2008 PA 307.

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. 99 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—0

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 provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No. 32

Senate Resolution No. 33

The resolution consent calendar was adopted.

Senators Hardiman, Garcia and Clark-Coleman offered the following resolution:

Senate Resolution No. 32.

A resolution designating April 2, 2009, as Community College Day in the state of Michigan.

Whereas, The first Michigan two-year college, Grand Rapids Junior College, opened in 1914 and provided high school graduates with two years of general education classes, preparing them for future education or workforce experiences; and

Whereas, Twenty-seven additional community colleges have been established throughout the state of Michigan since 1914. The community colleges of Michigan include Alpena Community College, Bay College, Delta College, Glen Oaks Community College, Gogebic Community College, Grand Rapids Community College, Henry Ford Community College, Jackson Community College, Kalamazoo Valley Community College, Kellogg Community College, Kirtland Community College, Lake Michigan Community College, Lansing Community College, Macomb Community College, Mid Michigan Community College, Monroe County Community College, Montcalm Community College, Mott Community College, Muskegon Community College, North Central Community College, Northwestern Michigan College, Oakland Community College, St. Clair County Community College, Schoolcraft College, Southwestern Michigan College, Washtenaw Community College, Wayne County Community College District, and West Shore Community College. These institutions educate nearly a half-million students each year; and

Whereas, Michigan community colleges have developed and evolved their educational offerings to include state-of-the-art technical and vocational programs, while maintaining high academic standards; and

Whereas, Our state’s community colleges are now recognized as leaders in workforce preparation, training, and retraining, as well as offering community services and cultural opportunities to Michigan communities; and

Whereas, Students investing in a Michigan community college education enjoy an attractive return on investment because of future earning capacity; and

Whereas, The role community colleges play in Michigan’s economic development continues to be more vital as our state’s workforce looks to compete both nationally and globally for the jobs of tomorrow; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize April 2, 2009, as Community College Day in the state of Michigan and urge the appropriate observance; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Community College Association members as a token of our appreciation.

Senators Anderson, Barcia, Basham, Brater, Cherry, Clarke, Cropsey, Gleason, Jacobs, Kuipers, Pappageorge, Richardville, Scott and Switalski were named co‑sponsors of the resolution.

Senators Richardville, Sanborn, Stamas, Hunter, Clarke, Olshove and Cassis offered the following resolution:

Senate Resolution No. 33.

A resolution declaring April 2009 as Financial Literacy for Youth Month in the state of Michigan.

Whereas, The informed use of credit and other financial products and services benefits individual consumers and promotes economic growth; and

Whereas, Financial literacy encourages greater economic self-sufficiency, higher levels of homeownership, and enhances retirement security, particularly among low- and moderate-income citizens; and

Whereas, The past decade has seen declining personal savings rates, increased bankruptcy filings, and rising percentages of family income devoted to servicing household debt; and

Whereas, Only 26 percent of 18- to 21-year-olds reported that their parents actively taught them how to manage money; and

Whereas, A 2008 study by the Jump$tart Coalition for Personal Financial Literacy found that high school seniors have a limited understanding about credit cards, retirement funds, insurance, and other personal finance basics than seniors did five years ago; and

Whereas, Given the current economic conditions facing Michigan, personal financial education is crucial to ensure that our young people are prepared to manage credit and debt and become responsible workers, heads of households, investors, entrepreneurs, business leaders, and productive citizens; now, therefore, be it

Resolved by the Senate, That we hereby declare April 2009 as Financial Literacy for Youth Month in the state of Michigan, raising public awareness about the need for increased financial literacy in our schools and among our children and the serious problems that are associated with a lack of understanding about personal finances; and be it further

Resolved, That the Michigan Senate calls on each parent, school, business, community organization, and unit of government to observe the month with appropriate programs and activities.

Senators Anderson, Barcia, Basham, Brater, Cherry, Cropsey, Gleason, Jacobs, Kuipers, Pappageorge, Scott and Switalski were named co‑sponsors of the resolution.

Senate Concurrent Resolution No. 11.

A concurrent resolution to approve the State Officers Compensation Commission determinations.

(For text of resolution, see Senate Journal No. 25, p. 419.)

The House of Representatives has adopted the concurrent resolution.

The concurrent resolution was referred to the Secretary for record.

Introduction and Referral of Bills

Senators Kuipers, Barcia, Gleason, George, Allen, Whitmer, McManus, Cropsey, Jacobs and Clarke introduced

Senate Bill No. 419, entitled

A bill to amend 1971 PA 22, entitled “An act prescribing the age at which persons may donate their blood,” by amending section 1 (MCL 722.41), as amended by 1981 PA 228.

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

Senator Jacobs introduced

Senate Bill No. 420, entitled

A bill to require police vehicles to be equipped with automatic external defibrillators.

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

Senator Jacobs introduced

Senate Bill No. 421, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 122 and 202 (MCL 330.1122 and 330.1202), section 202 as amended by 1995 PA 290.

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

Senators Jacobs and Switalski introduced

Senate Bill No. 422, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” (MCL 339.101 to 339.2919) by adding section 2516.

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

Senators Jacobs, Scott, Clark-Coleman and Whitmer introduced

Senate Bill No. 423, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” (MCL 550.1101 to 550.1704) by adding section 416e.

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

Senators Jacobs, Scott, Clark-Coleman and Whitmer introduced

Senate Bill No. 424, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406s.

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

Senators Whitmer, Jacobs and Brater introduced

Senate Bill No. 425, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending sections 2 and 3 (MCL 445.902 and 445.903), section 2 as amended by 2006 PA 508 and section 3 as amended by 2008 PA 310.

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

Senator Brown introduced

Senate Bill No. 426, entitled

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

Senators Allen, Barcia and Prusi introduced

Senate Bill No. 427, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 537, 603, and 1027 (MCL 436.1537, 436.1603, and 436.2027), as amended by 2008 PA 218.

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

Senator Allen introduced

Senate Bill No. 428, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 12, and 12a (MCL 125.2152, 125.2162, and 125.2162a), section 2 as amended by 2007 PA 200, section 12 as amended by 2000 PA 248, and section 12a as amended by 2008 PA 105.

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

House Bill No. 4400, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2008 PA 463.

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 Transportation.

House Bill No. 4401, entitled

A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 247.803).

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 Transportation.

Statements

Senators Scott, Prusi, Brown, George, Jelinek, Gilbert, Garcia and Jacobs asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott’s statement is as follows:

President Obama said, “If you’re walking down the right path and you’re willing to keep walking, eventually you’ll make progress.” Well, colleagues, I believe and I know that I am walking down the right path as I continue to fight for auto insurance reform.

Michigan citizens who are paying upwards of $1,000 a month for their auto insurance policies need someone to fight for them. I wish I didn’t have to fight this battle. I wish that when we made auto insurance mandatory, we would have built in safeguards to protect people from paying exorbitant rates, even when they have no claims and a good driving record. But we didn’t do that, and now our constituents are suffering.

It is not in me to ignore this problem. I’m not that kind of person. I see a problem, an injustice, and I work on fixing the problem and bringing justice to a bad situation.

So I will keep walking this path and reminding you that there is a lot of progress to be made in reforming auto insurance rates if we will just sit down, put our minds to it, and come up with a fair solution for all Michigan citizens.

Senator Prusi’s statement is as follows:

Last week, this chamber voted to pass a plan which would invest $635 million in the state’s economy through the Amercian Recovery and Reinvestment Act. These federal stimulus funds will make necessary improvements for our communities’ roads, bridges, and highways. It will help us continue our efforts to revitalize Michigan’s economy, and most importantly, create much-needed jobs.

I supported that vote; however, it’s not enough. These funds were intended to help spur Michigan’s economy and to provide Michigan citizens with this investment in these jobs. We didn’t get this money to help the economy of Minnesota or Texas or Oklahoma or any other state. We got it to help the people we represent.

I think it’s imperative that we pass the Hire Michigan First package not only to make sure that the jobs created by the federal stimulus money are kept in Michigan, but to make sure that any project that Michigan taxpayers pay for results in jobs for Michigan workers.

It only makes sense that these jobs created to rebuild our state are filled with Michigan workers, and leaving these bills to sit in committee while we go on break, breaks the faith with the people we represent. We are here to represent their best interests. Every year, this state gives away more than a billion dollars in tax breaks to draw businesses in Michigan with the hopes of creating new jobs. Unfortunately, a lot of these jobs end up going to companies that make a practice of hiring workers from other states or even other countries, leaving our hardworking, talented citizens unemployed.

As the state with the nation’s highest unemployment rate, our workers should be getting first dibs on these quality jobs which are being generated by this investment here in Michigan. It’s not a Democrat or a Republican issue; it’s a Michigan issue, and it resonates beyond party lines to create jobs within the state lines.

I was pleased to hear several of my Republican colleagues say in a recent press release on a separate bill package that, “We want these jobs to be Michigan jobs employing Michigan workers. The emphasis needs to be placed on creating jobs that stay in Michigan and employ Michigan workers.” I couldn’t agree with those sentiments more.

Let’s pass the Hire Michigan First package that has been sitting here for months and that the House sent over. Let’s pass it tomorrow before we go on vacation. Let’s make sure the people we represent get jobs before we take a break from the jobs which we have.

Senator Brown’s statement is as follows:

I rise to give a partial “yes” vote explanation for Senate Bill No. 247, the HAL budget. In that budget bill was boilerplate that was in response to the testimony which was given in our HAL subcommittee hearings, testimony from people all over the state. There was a strong voice which echoed throughout the state to this point: Keep the Historical Center intact. Mr. Chairman, I would just remind members of what a collective gem this is for the people of Michigan.

As we look to find a suitable venue in the dissolution of HAL for the Historical Center, let’s do so by keeping it intact.

Senator George’s statement is as follows:

I rise to comment on recent events in Michigan’s automotive industry. On Monday, March 30, President Obama gave a speech in which he rejected the plans that had been submitted by GM and Chrysler as part of the requirement for ongoing federal aid. The President said, “…we’ve determined that neither (plan) goes far enough to warrant the substantial new investments that these companies are requesting.” And as a condition of further aid, GM CEO Rick Wagoner has been forced to resign. A majority of the board of directors at GM will be replaced, and Chrysler is being required to merge with Fiat. The President and his administration then will be exerting control over both GM and Chrysler.

The President further stated, “I am absolutely committed to working with Congress and the auto companies to meet one goal: The United States of America will lead the world in building the next generation of clean cars.”

Now, Mr. President, I applaud the goal of “…building the next generation of clean cars.” But for the companies to survive, they must not only build a product, but they must be able to actually sell the product. How are government-run companies going to be able to build and then sell the next generation of clean cars when private companies have struggled to do this? General Motors, for example, has already spent over a billion dollars in an attempt to power a vehicle with a lithium-ion battery. What makes the Obama Administration think they can do a better job than a 100-year-old company run by experts in the industry?

And if the administration is successful in managing the production of a clean electric vehicle, are they going to be affordable, safe, and reliable? Or will they be as expensive as the space shuttle, as unreliable as AMTRAK, and as unsafe as the levees in the Gulf Region? Just because the federal government in its wisdom has decreed that clean cars are good, that does not necessarily create a market for them. Who will buy them if they are expensive, slow, unreliable, or unsafe?

Trying to rescue the automotive industry by taking over GM and Chrysler and making them produce unproven, expensive vehicles for which there is not yet a sufficient market, is like trying to tackle obesity by nationalizing grocery stores and making them stock more expensive, fat-free foods, which taste bad and which no one will buy. It won’t work in the grocery business and it probably won’t work in the car business.

Senator Jelinek’s statement is as follows:

Today we passed two budgets out of this body for the ’09-’10 year. We had several amendments proposed to increase the amounts included in those budgets. Because those amendments failed, we then heard several “no” vote explanations. These explanations talked about the value of programs and the desire to increase funding rather than to reduce or to eliminate it.

Let me be very clear. I am not here to debate the value of programs because in almost all cases, they are very worthy and valuable programs. But here is the reality check. Revenues are down and spending must follow. We cannot at this time afford a luxury program. We must adopt austere budgets.

We should not make feel-good statements about not wanting to cut programs when we know that the reality is that we have no choice. Let’s pull together and live within our means as all of our constituents expect us to do, and vote for real budget proposals only that reflect today’s economy.

Senator Gilbert’s statement is as follows:

I, too, would like to talk about the Hire Michigan First package and the discharge motion that was offered today. The Senator from the 6th District made a reference to a development in my area, the Marysville ethanol plant. Back in 2006, the MEDC awarded tax breaks to a Minnesota firm that did, in fact, hire out-of-state workers. I had some legislation to address that very issue to require that when MEDC does these kinds of things, first preference is given to Michigan workers and Michigan businesses. Unfortunately, when this bill came to committee, it became more than just about hiring Michigan workers first; it became a union issue. The former Senator and now a Congressman offered an amendment to have prevailing wage applied to all these different types of developments.

The point is, we tried to address this issue years ago, and the colleagues on the other side of the aisle, instead of making it an issue about Michigan workers, they made it a union issue. I am calling on them now to support a Hire Michigan First package that is broad-based and helps all workers, rather than one that is narrowly drafted to favor special interests.

The Minority Leader said we need to help the people we represent. I agree we need to help those all in the worker force, not just the union workers.

Senator Garcia’s statement is as follows:

I would like to take the seriousness of the discussion down a notch or two, if I might. I would like to offer an olive branch, if you will, or a congratulations to one of my colleagues on the other side of the aisle. The Senator from the 2nd District came into this chamber, became an official Senator eight years ago today. The reason I know this is because I joined her on that same day. So we have had the distinct privilege of serving in this body now, and I offer my congratulations to her.

The second part of my statement has to do with the statement I made earlier about my brand-new granddaughter. I would just like point out that I think she is a pretty smart gal. She is six pounds nine ounces, nineteen and a half inches long. Even though my son graduated from the University of Michigan in December, when I asked my daughter not to have the baby on Saturday, five minutes later, my granddaughter complied and agreed to be born today.

Again, her name is Kara Grace, and I just wanted to pass that along and offer my congratulations to my good colleague from the 2nd District. I would also just like to point out that with the birth of a new grandchild, you know, we have heard all kinds of gloom and doom today, and we have heard all kinds of arguments and debate about various issues. But we just brought in a new Michigan worker. She will have to wait until she is 16 to get a job though. I am pretty happy about it.

Senator Jacobs’ statement is as follows:

I also want to change the shift of the conversation for a little bit today because what I want to do is praise this chamber for doing the right thing, and we often don’t hear that. You know, there is an old Chinese proverb that we are all well familiar with it: “Give a man a fish and you feed him for a day. Teach a man to fish and he’ll eat for a lifetime.”

Well, I rise today with great enthusiasm to share with my colleagues some very exciting news from the 14th District. Yesterday, the Detroit News, as well as the Chicago Tribune, reported that Los Angeles-based New Castle Entertainment Company is partnering with Parallax Production Studios, a Southfield, Michigan-based motion picture production and post-production facility, for a two-year, $60 million—$60 million—partnership in the filming and editing of up to a dozen feature films.

Now we all know Southfield is a great, wonderful city, but this partnership would never have occurred if it were not for the hard work that we did in this chamber by passing the Michigan film incentives. In fact, over 71 productions have occurred since enacting the incentives, with 35 of which having officially been completed by the end of 2008. Now I think that nobody—nobody—can debate the success of these incentives.

In July of 2008—well, let me back up for just a second. I want to put this in perspective. We have two neighbors to the south who either have or are attempting to court the film industry. Now in July of 2008, last summer, Indiana—and we’re always hearing how great Indiana is—they enacted a 15 percent refundable credit, capped at $5 million. I am not sure if that is right—$5 million total credit annually. By the end of the year, Indiana reported—are you ready—no change in film activity. Our other neighbor, Ohio, which is facing a $7.5 billion deficit over the next two fiscal years, is reportably falling over itself to adopt any incentive package that could compete with our incentives. Even during their state’s greatest budget crisis in history, many of Ohio’s lawmakers see film incentives as a critical investment to diversify their economy. That is the point of the film incentives. It is to diversify our economy. For anyone to think that Hollywood would be the saving grace over our economy woes would simply be naïve.

However, several things that Hollywood is good at doing is acting quickly, investing heavily, and promoting globally. We are courting this industry to jar our state off of its sole dependence on the auto industry, and who does this benefit the most? Small businesses. Does GM, Ford, Chrysler, or Delphi get anything from this? No. Unless you count Hollywood buying up some old plants or warehouses, they really get nothing out of this. Aside from being unemployed or downsized laborers, these incentives are helping the local hotel owner, the party store owner, and the restaurant owner.

I truly feel that this is the type of aggressive measures that we need to take to accelerate the transition of our state’s economy, as well as diversify the perception that Michigan is repeatedly being characterized as nothing more than a relic of 20th century heavy manufacturing. This is the time to continue to invest. This is the time to plant the seeds of tomorrow’s industries and let them grow.

Now I can’t speak for all of Michigan’s workers, but I can tell you that the workers of the 14th District are tired of being given fish and eating for a day. The people of the 14th District are ready to go fishing.

Committee Reports

The Committee on Appropriations reported

Senate Bill No. 237, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2010; 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, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

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. 243, entitled

A bill to make appropriations for the department of energy, labor, and economic growth for the fiscal year ending September 30, 2010; 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, George, Jansen, Brown, McManus and Stamas

Nays: Senators Switalski, Anderson, Barcia, 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. 245, entitled

A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of management and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act.

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, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

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. 247, entitled

A bill to make appropriations for the department of history, arts, and libraries for the fiscal year ending September 30, 2010; 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, George, Jansen, Brown, McManus, Stamas and Barcia

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. 248, entitled

A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2010; 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, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Cherry and Clark-Coleman

Nays: Senator Brater

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. 249, entitled

A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2010; 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, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

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. 250, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2010; 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, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Cherry, Clark-Coleman and Scott

Nays: None

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. 253, entitled

A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2010; 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, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

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. 254, entitled

A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2010; 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, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, March 25, 2009, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

The Committee on Judiciary reported

Senate Bill No. 35, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 5805 and 5839 (MCL 600.5805 and 600.5839), section 5805 as amended by 2002 PA 715 and section 5839 as amended by 1985 PA 188.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Stamas, Whitmer and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 383, entitled

A bill to amend 1846 RS 81, entitled “Of fraudulent conveyances and contracts, relative to goods, chattels, and things in action,” by amending section 1 (MCL 566.131).

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 384, entitled

A bill to amend 1846 RS 63, entitled “Of uses and trusts,” (MCL 555.1 to 555.27) by adding section 28.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 386, entitled

A bill to amend 1967 PA 224, entitled “Powers of appointment act of 1967,” by amending section 13 (MCL 556.123).

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 387, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1103, 1104, 1105, 1106, 1107, 1201, 1209, 1210, 1212, 1214, 1308, 1403, 1507, 2501, 2504, 2511, 2519, 2705, 2722, 2901, 2904, 2907, 3104, 3403, 3703, 3705, 3713, 3715, 3801, 3803, 3805, 3914, 3915, 5407, 5421, 6101, 7101, 7102, 7103, 7104, 7105, 7201, 7202, 7203, 7204, 7205, 7206, 7207, 7301, 7302, 7303, 7304, 7305, 7401, 7402, 7403, 7404, 7405, 7406, 7407, 7410, 7501, 7502, 7503, 7504, 7505, 7506, 7507, and 7508 (MCL 700.1103, 700.1104, 700.1105, 700.1106, 700.1107, 700.1201, 700.1209, 700.1210, 700.1212, 700.1214, 700.1308, 700.1403, 700.1507, 700.2501, 700.2504, 700.2511, 700.2519, 700.2705, 700.2722, 700.2901, 700.2904, 700.2907, 700.3104, 700.3403, 700.3703, 700.3705, 700.3713, 700.3715, 700.3801, 700.3803, 700.3805, 700.3914, 700.3915, 700.5407, 700.5421, 700.6101, 700.7101, 700.7102, 700.7103, 700.7104, 700.7105, 700.7201, 700.7202, 700.7203, 700.7204, 700.7205, 700.7206, 700.7207, 700.7301, 700.7302, 700.7303, 700.7304, 700.7305, 700.7401, 700.7402, 700.7403, 700.7404, 700.7405, 700.7406, 700.7407, 700.7410, 700.7501, 700.7502, 700.7503, 700.7504, 700.7505, 700.7506, 700.7507, and 700.7508), sections 1103 and 7503 as amended by 2000 PA 177, section 1104 as amended by 2006 PA 299, sections 1105, 3803, 7303, and 7406 as amended and section 7410 as added by 2004 PA 314, section 1106 as amended by 2004 PA 532, sections 1107, 1214, 2504, 7206, 7501, and 7507 as amended by 2000 PA 54, sections 2519, 3715, 7401, 7502, and 7508 as amended by 2005 PA 204, section 3705 as amended by 2004 PA 481, and section 3805 as amended by 2007 PA 73, by amending the heading of article VII and the headings of parts 1, 2, 3, 4, and 5 of article VII, by adding sections 7107, 7108, 7109, 7110, 7111, 7112, 7113, 7208, 7209, 7210, 7211, 7411, 7412, 7413, 7414, 7415, 7416, 7417, 8201, 8202, 8204, and 8206, and by adding parts 6, 7, 8, and 9 to article VII; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 412, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending sections 124, 261, 501, and 541 (MCL 450.2124, 450.2261, 450.2501, and 450.2541), section 124 as amended by 2002 PA 33 and section 541 as amended by 1987 PA 170.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4096, entitled

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.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, March 31, 2009, at 1:00 p.m., Room 210, Farnum Building

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

The Committee on Families and Human Services reported

House Bill No. 4159, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 115g, 115i, and 115j (MCL 400.115g, 400.115i, and 400.115j), section 115g as amended by 2004 PA 193 and sections 115i and 115j as amended by 2002 PA 648.

With the recommendation that the bill pass.

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

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen, Hardiman and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Families and Human Services submitted the following:

Meeting held on Tuesday, March 31, 2009, at 3:00 p.m., Room 210, Farnum Building

Present: Senators Jansen (C), Hardiman and Jacobs

The Committee on Commerce and Tourism reported

House Bill No. 4668, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 17 (MCL 421.17), as amended by 2003 PA 174.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Stamas and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

House Bill No. 4669, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 20 (MCL 421.20), as amended by 2008 PA 479.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Stamas and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

House Bill No. 4670, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 64 (MCL 421.64), as amended by 2003 PA 174.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Stamas and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Tourism submitted the following:

Meeting held on Tuesday, March 31, 2009, at 2:37 p.m., Room 100, Farnum Building

Present: Senators Allen (C), Stamas and Clarke

Excused: Senators Gilbert and Hunter

The Committee on Banking and Financial Institutions reported

House Bill No. 4397, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 622 and 1223 (MCL 380.622 and 380.1223), as amended by 2008 PA 307.

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.

Randy Richardville

Chairperson

To Report Out:

Yeas: Senators Richardville, Sanborn, Cassis, Clarke and Olshove

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Banking and Financial Institutions submitted the following:

Meeting held on Wednesday, April 1, 2009, at 9:00 a.m., Room 210, Farnum Building

Present: Senators Richardville (C), Sanborn, Cassis, Clarke and Olshove

Excused: Senators Stamas and Hunter

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Federal Stimulus Oversight submitted the following:

Meeting held on Tuesday, March 31, 2009, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek (C), Gilbert, Pappageorge, Kahn, Jansen, Switalski, Cherry and Clark-Coleman

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Environmental Quality submitted the following:

Meeting held on Tuesday, March 31, 2009, at 3:00 p.m., Rooms 402 and 403, Capitol Building

Present: Senators Garcia (C), Cropsey and Brater

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources and Environmental Affairs submitted the following:

Meeting held on Wednesday, April 1, 2009, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower

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

Excused: Senator Patterson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Higher Education submitted the following:

Meeting held on Wednesday, April 1, 2009, at 9:00 a.m., Rooms 402 and 403, Capitol Building

Present: Senators Stamas (C), George, Hardiman, Kahn, Barcia, Anderson and Brater

Scheduled Meetings

Appropriations -

Subcommittees -

Capital Outlay - Thursday, April 2, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Environmental Quality Department - Wednesdays, May 6, May 13 and May 20, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Higher Education - Monday, April 20, 10:00 a.m., University of Michigan-Flint, Harding Mott University Center (UCEN), Michigan Rooms B, C, and D, 400 Mill Street, Flint; Monday, April 27, 10:00 a.m., Central Michigan University, Park Library, 250 East Preston Road, Mt. Pleasant; Monday, May 4, 10:30 a.m., Northwood University, Sloan Family Building for Aftermarket Studies, 400 Whiting Drive, Midland; and Friday, May 15, 10:00 a.m., University of Michigan-Ann Arbor, Michigan League, Vandenberg Room, 911 North University Street, Ann Arbor (373-2768)

Natural Resources Department - Tuesday, April 28, 12:00 noon or later immediately following session, Room 405, Capitol Building; Tuesday, May 5, 12:00 noon or later immediately following session, Rooms 402 and 403, Capitol Building; and Tuesday, May 19, 12:00 noon or later immediately following session, Room 405, Capitol Building (373-2768)

Energy Policy and Public Utilities - Thursday, April 2, 1:00 p.m., Room 210, Farnum Building (373-7350)

Finance - Thursday, April 2, 11:00 a.m., Room 110, Farnum Building (373-1758)

Legislative Commission on Government Efficiency - Thursday, April 2, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 1:51 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Thursday, April 2, 2009, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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