No. 8

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Tuesday, February 2, 2010.

10:00 a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

Allen—present Garcia—excused Olshove—present

Anderson—present George—present Pappageorge—present

Barcia—present Gilbert—present Patterson—present

Basham—present Gleason—present Prusi—present

Birkholz—present Hardiman—present Richardville—present

Bishop—present Hunter—present Sanborn—present

Brater—present Jacobs—present Scott—excused

Brown—present Jansen—present Stamas—present

Cassis—present Jelinek—present Switalski—present

Cherry—present Kahn—present Thomas—present

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

Clarke—present McManus—present Whitmer—present

Cropsey—present Nofs—present

Senator Michael L. Nofs of the 19th District offered the following invocation:

Heavenly Father, we ask Your blessings on this body and the decisions we are about to make. As we stand before You today, stewards of one of the greatest and most beautiful states in the Union, great challenges face us on the horizon. Lord, we know that You would not put upon us more than we can handle, but now, more than ever, we need Your guiding hand. Give us the wisdom and strength to face these daunting challenges head on. Let us seek common ground for the good of our state and its people.

Help us to remember that whatever, whether or not we in this chamber always agree, we are still all Your children, and we should respect and listen to one another. Help us restore the luster in this jewel called Michigan. And, most of all, Lord, place in each of us the reminder that while we serve our constituents back home, we first and foremost serve You.

So let us keep Your words and teachings ever-present as we begin our deliberations. And, Lord, we ask that You help protect our men and women in our military and everyone who serves in the public services on a daily basis.

We ask these things in Your name. Amen.

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

Recess

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

The motion prevailed, the time being 10:05 a.m.

10:40 a.m.

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

During the recess, Senators Richardville, Thomas, Brown, Hunter, McManus, Hardiman, Stamas, Van Woerkom, Pappageorge, Kahn, Allen, Gilbert, Kuipers, Bishop, Jelinek, Birkholz, George, Cassis and Jansen entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

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

The motion prevailed.

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

Senate Bill No. 951, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 483a.

The motion prevailed.

Senator Thomas moved that Senator Scott be excused from today’s session.

The motion prevailed.

The following communication was received:

Department of Management and Budget

January 27, 2010

Enclosed is a combined report on state contracting with businesses owned by persons with disabilities, submitted pursuant to the reporting requirements in 1988 PA 112 as amended in 2005; and with businesses owned by qualified disabled veterans, pursuant to 1984 PA 431 as amended in 2005 and 2008. The report was prepared based on contract data for fiscal year 2009 as recorded in the Michigan Administrative Information Network (MAIN).

If you have questions regarding the information in the report, please contact Genevieve Hayes, Manager, Business Development Unit, at (517) 335-4730.

Sincerely,

Phyllis Mellon

Acting Director

The communication was referred to the Secretary for record.

The following communication was received:

Public Service Commission

January 27, 2010

On behalf of the Public Service Commission, attached is the Report on the Impact of Setback Requirements and Noise Limitations in Wind Zones in Michigan. This report is submitted to the Legislature in accordance with 2008 PA 295 (PA 295), Michigan’s Clean, Renewable, and Efficient Energy Act.

Thank you.

Orjiakor N. Isiogu

Chairman

The communication was referred to the Secretary for record.

The following communications were received:

Public Service Commission

February 1, 2010

The enclosed annual report for 2009, Status of Electric Competition in Michigan, is submitted on behalf of the Michigan Public Service Commission (Commission) in accordance with Section 10u of 2000 PA 141, MCL 460.10u, and represents the eighth year of electric choice in Michigan. The report is available on the Commission’s Web site.

During 2009, competition in Michigan’s electric market showed an overall increase. The electric choice program in the Consumers Energy Company Service territory experienced an annual increase of approximately 139 percent in electric megawatt (MW) load and an increase of over 66 percent in the number of choice customers. Similarly, the electric choice program in The Detroit Edison Company service territory experienced a 75 percent annual MW load increase and an increase of more than 41 percent in the number of choice customers.

To date, Michigan remains one of about 20 states that has full or limited restructuring of the competitive electric market and Michigan has maintained its reasonable rates. In comparison to the 10 largest states, Michigan was benchmarked as having the fourth lowest average retail electricity rates for residential customers, the third lowest for commercial customers, and the fifth lowest for industrial customers.

In 2009, the Commission issued numerous orders to further establish the framework for Michigan’s electric customer choice programs and support the provisions of Public Act 141 of 2000 and Public Acts 286 and 295 of 2008.

Highlights of the report include:

• Approximately 5,424 commercial and industrial customers in the Detroit Edison and Consumers Energy service territories participated in Michigan’s customer choice programs, representing 1,558 MW of total sales.

• Description of the orders issued pertaining to alternative electric suppliers, implementation of new energy laws, associated rate cases, power supply cost recoveries, securitization and optimization surcharges, etc.

• There were a total of 24 licensed alternative electric suppliers in Michigan during 2009.

• Procedures were adopted dealing with the administration and allocation of electric load allowed to be served by alternative electric suppliers with respect to the 10 percent cap on electric choice pursuant to Public Act 286 of 2008.

Statutory changes and policy decisions with respect to electric customer choice can have complex ramifications for the citizens and economy of Michigan. The Commission remains committed to working with legislative members and staff to help ensure that the best possible public policy for Michigan is achieved.

February 1, 2010

The enclosed annual report, Status of Competition for Video Services in Michigan, is submitted on behalf of the Michigan Public Service Commission in accordance with Section 12(2) of the Uniform Video Services Local Franchise Act (2006 PA 480). This report will be made available on the Commission’s Web site at www.michigan.gov/mpsc . The purpose of this report is to describe the status of competition in video services in Michigan. This report also details Commission activities for 2009 and provides an overview of the survey responses from franchise entities and video/cable service providers.

Similar to the past years’ reports, there continues to be encouraging signs that competition in the video services market in Michigan is increasing with a two percent growth in the number of cable customers in each of the last two years. Overall, providers are reporting more competition in their franchise areas, with three new companies entering the market in 2009. It is important to understand that video/cable competition and the entrance of new providers will take some time to develop fully. While there continues to be some areas throughout Michigan that do not have a video/cable provider (as indicated by the franchise entities), the information that has been provided for this report continues to present positive signs that competition is developing in communities throughout Michigan. As stated in the previous years’ reports, it should be noted that the Video Franchise Act does not cover satellite providers, and this report does not include information on satellite providers, which may be viewed as another competitor to video service. Attempts have been made at obtaining satellite television information, but without much success.

In 2009, there were two legislative initiatives that became law: the dispute resolution process (2009 PA 4) and the extension of the funding provision (2009 PA 191). The Commission provides recommendations for legislative revisions pursuant to Section 12(2) of 2006 PA 480. These recommendations if implemented will improve the Commission’s ability to more effectively implement 2006 PA 480.

The Commission will continue to monitor the status of video services competition in Michigan, which includes receiving and analyzing information from both franchise entities and video/cable service providers throughout Michigan. The Commission will also continue to assist individual customers, franchise entities, and providers with their questions and/or complaints. Finally, the Commission will continue to inform the Governor and Legislature of any future developments and make the appropriate recommendations for needed legislation.

Very truly yours,

Orjiakor N. Isiogu

Chairman

Monica Martinez

Commissioner

Greg R. White

Commissioner

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, January 27:

House Bill Nos. 4699 5614

The Secretary announced that the following official bills and joint resolution were printed on Wednesday, January 27, and are available at the legislative website:

Senate Bill Nos. 1087 1088 1089 1090

House Bill No. 5766

House Joint Resolution TT

The Secretary announced that the following official bills and joint resolution were printed on Thursday, January 28, and are available at the legislative website:

Senate Bill Nos. 1091 1092 1093 1094 1095 1096

Senate Joint Resolution R

House Bill Nos. 5767 5768 5769 5770 5771 5772

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

Senate Bill No. 1010

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1010, entitled

A bill to amend an act of the Territorial Laws, p. 1131, vol. III, approved April 22, 1833, entitled “An act to establish Kalamazoo college and to prescribe its powers and duties,” by amending section 3 (MCL 390.753), as amended by 1985 PA 203.

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. 31 Yeas—36

Allen Cherry Jacobs Patterson

Anderson Clark-Coleman Jansen Prusi

Barcia Clarke Jelinek Richardville

Basham Cropsey Kahn Sanborn

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Nofs Thomas

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Nays—0

Excused—2

Garcia Scott

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Sanborn as Chairperson.

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

Senate Bill No. 995, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 12 (MCL 247.662), as amended by 2002 PA 498.

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. 4610, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72102, and 72110 (MCL 324.72101, 324.72102, and 324.72110), section 72101 as amended by 1997 PA 129 and sections 72102 and 72110 as added by 1995 PA 58, and by adding sections 72114 and 72115.

Substitute (S-3).

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

Resolutions

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

Senate Resolution No. 41

Senate Resolution No. 75

Senate Resolution No. 88

Senate Concurrent Resolution No. 24

House Concurrent Resolution No. 28

The motion prevailed.

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

Senate Resolution No. 112

The resolution consent calendar was adopted.

Senators Kuipers, McManus, Switalski, Van Woerkom, Cropsey, Pappageorge, Olshove, Birkholz and Nofs offered the following resolution:

Senate Resolution No. 112.

A resolution recognizing January 31 - February 6, 2010, as Catholic Schools Week in the state of Michigan.

Whereas, There are 63,803 students attending 255 Catholic elementary and high schools throughout our great state; and

Whereas, the Constitution of Michigan states: “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and

Whereas, Catholic schools provide young people with a strong foundation of values and academic skills needed to become responsible citizens of our state and nation; and

Whereas, The Catholic Church sees the parents as the primary educators and that parental supervision and involvement play a major role in the education of students; and

Whereas, Catholic schools believe that teaching morals and values is essential to the complete education of the student since every member of society continually makes moral decisions; and

Whereas, Catholic schools educate many students who are non-Catholic and many students who are economically disadvantaged; and

Whereas, Catholic school educators are dedicated to producing academically-strong students who also commit themselves to service; and

Whereas, January 31 - February 6, 2010, has been designated as Catholic Schools Week, with the theme “Catholic Schools - Dividends for Life,” as denoted by the National Catholic Educational Association (NCEA) and the United States Conference of Catholic Bishops; and

Whereas, The dividends of a Catholic school education—students prepared in faith, knowledge, morals, and discipline—last a lifetime; and

Whereas, The common good of the state of Michigan is strengthened through the existence of Catholic schools; now, therefore, be it

Resolved by the Senate, That we hereby recognize January 31 - February 6, 2010, as Catholic Schools Week in the state of Michigan, due to the great accomplishments and contributions of Catholic schools in and to our state; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem.

Senators Anderson, Barcia, Basham, Cherry, Gleason, Jacobs and Richardville were named co‑sponsors of the resolution.

House Concurrent Resolution No. 40.

A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.

Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Wednesday, February 3, 2010, at 6:30 p.m., to receive the message of Governor Jennifer M. Granholm.

The House of Representatives has adopted the concurrent resolution.

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

Senator Cropsey moved that the rule be suspended.

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

The concurrent resolution was adopted.

Senators Anderson, Barcia, Basham, Cherry, Gleason and Jacobs were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senators Jelinek, Van Woerkom and Nofs introduced

Senate Bill No. 1097, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 11a (MCL 380.11a), as amended by 2006 PA 515.

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

House Bill No. 4699, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 14721 (MCL 324.14721), as added by 2004 PA 526, and by adding section 14723a; and to repeal acts and parts of acts.

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 Government Operations.

House Bill No. 5614, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16231 and 16233 (MCL 333.16231 and 333.16233), section 16231 as amended by 1993 PA 79 and section 16233 as amended by 1995 PA 196.

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 Health Policy.

Statements

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

The motion prevailed.

Senator Thomas’ statement is as follows:

Mr. President and colleagues, when you walk into a Biggby for coffee before coming to work and they announce that you owe $1.50 for a tall coffee, you don’t shrug your shoulders, or claim the person behind you in line will cover it. However, that is essentially what we are doing every time one of us introduces legislation that will cost our state money. But instead of coffee, these are millions of dollars in projects that the state simply can’t afford. They may be well‑intentioned, but we cannot afford them.

Today, Senator Switalski and I are introducing legislation known as pay-as-you-go that will require that any bill that is introduced that would increase cost would be required to also identify a source as to where that money comes from. To function as a strong, responsible government, we cannot spend beyond our means. We must run our Legislature like every other Michigan household. Just like families throughout the state who have to be practical with every dollar and are unable to purchase all the luxuries they desire, we in state government should not be able to undertake projects we have no funds to support.

With an anticipated deficit of at least $1.7 billion for next year’s budget, we can’t keep piling on debt and asking future legislators to carry the burden. This is just one of many critical reforms needed here in Lansing that can get us back on track and serve as a first step towards reducing our state’s large deficit, which, in large measure, much of our recent deficits are the result of unintended and unplanned expenses associated with our fabulously great ideas.

It is time that we find a new way and understand upfront all costs associated with these great ideas. This is common-sense legislation that has proved effective at curbing wasteful spending at the federal level, and it is time that we enact such legislation here in the Lansing State Capitol.

Let’s bring some accountability back to our government spending, and ensure that Michigan residents know that we are fully accountable to them. I ask for your support on this bill.

Senator Switalski’s statement is as follows:

Mr. President, with many of us entering our final year in the State Senate, we should all be thinking about our legacy as legislators and what we hope to pass on for our successors in the Legislature and for the future generation of Michigan. Unfortunately, more often than not, we are passing a burden onto the next set of state lawmakers and adding to an ever‑growing budget deficit. We have an opportunity to have a lasting impact on state government, and if we are going to move this state forward, we have to get rid of backwards thinking.

Colleagues, we have the power right now to reel in state spending and institute real, long-term government reform. One simple solution to do so would be to pass this resolution that my good colleague Buzz Thomas has just spoken about that would enact a pay-as-you-go policy. This legislation would requite legislators to identify a funding source for any bill that they introduce that would increase costs to the state. I have previously worked in the Legislature to ensure that we promote financial literacy to our kids, and, in essence, with this resolution, we are now trying to do the same for state government.

If we want to eliminate the state’s structural budget deficit, not spending money we don’t have seems like a good place to start. We need to change the way we do business in Lansing, and we should consider pay-as-you-go legislation and other significant reforms to hold the Legislature to the same standards that families living on a budget are operating under every day.

I hope that my colleagues will give this legislation some serious consideration, and vote to pass this bill instead of continuing to pass the buck and asking others to foot the bill for their legislation.

Committee Reports

The Committee on Local, Urban and State Affairs reported

House Bill No. 5567, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 2 (MCL 207.772), as amended by 2008 PA 284.

With the recommendation that the bill pass.

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

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Birkholz, Allen, Gleason and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No. 5626, entitled

A bill to amend 1981 PA 80, entitled “Fiscal stabilization act,” by amending the title and sections 3, 4, 8, and 9 (MCL 141.1003, 141.1004, 141.1008, and 141.1009), the title and sections 3, 8, and 9 as amended by 1987 PA 279 and section 4 as amended by 2002 PA 444.

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.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Birkholz, Allen, Gleason 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 Local, Urban and State Affairs submitted the following:

Meeting held on Tuesday, January 26, 2010, at 3:00 p.m., Room 110, Farnum Building

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

The Committee on Families and Human Services reported

Senate Bill No. 723, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 11 (MCL 722.121), as amended by 1980 PA 232, and by adding section 3g.

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.

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen, Hardiman and Jacobs

Nays: None

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

The Committee on Families and Human Services reported

Senate Bill No. 724, 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.

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen, Hardiman and Jacobs

Nays: None

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

The Committee on Families and Human Services reported

Senate Bill No. 941, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 10a and 10b (MCL 400.10a and 400.10b), as added by 1996 PA 190, and by adding section 10c.

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.

The Committee on Families and Human Services reported

Senate Bill No. 1071, entitled

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

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, January 26, 2010, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Jansen (C), Hardiman and Jacobs

The Committee on Judiciary reported

Senate Bill No. 794, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1084.

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, Stamas, Whitmer, Clarke and Basham

Nays: None

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

The Committee on Judiciary reported

Senate Bill No. 795, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 303, 322, 625n, 732a, and 904d (MCL 257.303, 257.322, 257.625n, 257.732a, and 257.904d), sections 303, 732a, and 904d as amended by 2008 PA 463, section 322 as amended by 2008 PA 462, and section 625n as amended by 2008 PA 539.

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, 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, January 26, 2010, at 1:00 p.m., Room 210, Farnum Building

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

Excused: Senator Patterson

Scheduled Meetings

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

Subcommittees -

Agriculture - Wednesday, February 17, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768)

Capital Outlay - Thursday, February 4, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Community Colleges - Thursday, February 18, 1:30 p.m., Lansing Community College, Administration Building Board Room, 610 North Capitol Avenue; Friday, February 26, 10:30 a.m., Muskegon Community College, Stevenson Center, Room 1100, 221 South Quarterline Road, Muskegon; Monday, March 1, 1:30 p.m., Schoolcraft Community College, VisTaTech Center, Sutherland Room, 18600 Haggerty Road, Livonia (373-2768)

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

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

Human Services Department and Senior Citizens and Veterans Affairs - Wednesday, February 10, 1:00 p.m., Room 100, Farnum Building (373-2768)

Judiciary and Corrections - Tuesday, February 16, 3:00 p.m.; Wednesday, February 17, 9:00 a.m.; Tuesdays, February 23, 2:30 p.m., March 2 and March 9, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑2768)

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

State Police and Military Affairs - Tuesday, February 16, 1:00 p.m., Rooms 402 and 403, Capitol Building (373‑2768)

Campaign and Election Oversight - Wednesday, February 3, 12:00 noon, Room 405, Capitol Building (373-1725) (CANCELED)

Energy Policy and Public Utilities - Thursday, February 4, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-7350)

Health Policy - Wednesday, February 3, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0793)

Natural Resources and Environmental Affairs - Wednesday, February 3, 1:00 p.m., Room 110, Farnum Building (373‑3447)

Reforms and Restructuring - Wednesday, February 3, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑2417)

Senior Citizens and Veterans Affairs and Human Services Department Appropriations Subcommittee - Wednesday, February 10, 1:00 p.m., Room 100, Farnum Building (373-2413)

State Drug Treatment Court Advisory Committee - Tuesday, February 23, 9:30 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 11:02 a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, February 3, 2010, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

116 JOURNAL OF THE SENATE [February 2, 2010] [No. 8

No. 8] [February 2, 2010] JOURNAL OF THE SENATE 117

118 JOURNAL OF THE SENATE [February 2, 2010] [No. 8

No. 8] [February 2, 2010] JOURNAL OF THE SENATE 119

120 JOURNAL OF THE SENATE [February 2, 2010] [No. 8

No. 8] [February 2, 2010] JOURNAL OF THE SENATE 121

122 JOURNAL OF THE SENATE [February 2, 2010] [No. 8

No. 8] [February 2, 2010] JOURNAL OF THE SENATE 123

124 JOURNAL OF THE SENATE [February 2, 2010] [No. 8

No. 8] [February 2, 2010] JOURNAL OF THE SENATE 125

126 JOURNAL OF THE SENATE [February 2, 2010] [No. 8