No. 17
STATE OF MICHIGAN
Journal of the Senate
95th Legislature
REGULAR SESSION OF 2010
Senate Chamber, Lansing, Tuesday, March 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 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—excused Hardiman—present Richardville—present
Bishop—present Hunter—present Sanborn—present
Brater—present Jacobs—present Scott—present
Brown—present Jansen—present Stamas—present
Cassis—present Jelinek—present Switalski—present
Cherry—present Kahn—present Thomas—present
Clark-Coleman—present Kuipers—present Van Woerkom—present
Clarke—present McManus—present Whitmer—present
Cropsey—present Nofs—present
Senator Gerald Van Woerkom of the 34th District offered the following invocation:
Heavenly Father, we come to You this morning to offer You honor and praise. We know that You are our God and that You created us and care for us day by day. We offer You thanks and praise for all that You have done in our lives.
We pray that You will be with us today. We wrestle with a number of issues that are before us. We are trying to make this state a little bit better state in which to live. Lord, we pray that You will bless those efforts. Give us wisdom and direction as we approach the decisions that we have to make.
Lord, for our residents—the citizens here in the state of Michigan—who suffer in some way, we pray that You will provide a means for them to be able to make things come together in their lives and that they may be able to take responsibility for themselves and for their families.
Bless us and care for us. In Your Son’s name, we pray, Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Recess
Senator Cropsey moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:04 a.m.
10:21 a.m.
The Senate was called to order by the President, Lieutenant Governor Cherry.
During the recess, Senators Gleason, George, Sanborn, Gilbert, Stamas, Pappageorge, Hardiman, Jelinek, Kahn, Nofs, Garcia, Allen, Cassis, Jansen and Bishop entered the Senate Chamber.
Senator Cropsey moved that Senator Birkholz 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 Agriculture and Bioeconomy:
Senate Bill No. 958, entitled
A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 5 (MCL 4.415), as amended by 1986 PA 83.
The motion prevailed.
The following communications were received and read:
Office of the Auditor General
February 24, 2010
Enclosed is a copy of the following management letter:
Management letter related to our audit of the financial statements of the Michigan State Employees’ Retirement System as of and for the fiscal year ended September 30, 2009.
February 24, 2010
Enclosed is a copy of the following management letter:
Management letter related to our audit of the financial statements of the Michigan Judges’ Retirement System as of and for the fiscal year ended September 30, 2009.
February 24, 2010
Enclosed is a copy of the following management letter:
Management letter related to our audit of the financial statements of the Michigan Public School Employees’ Retirement System as of and for the fiscal year ended September 30, 2009.
February 24, 2010
Enclosed is a copy of the following management letter:
Management letter related to our audit of the financial statements of the Michigan State Police Retirement System as of and for the fiscal year ended September 30, 2009.
February 25, 2010
Enclosed is a copy of the following management letter:
Management letter related to our audit of the financial statements of the State of Michigan 401K Plan as of and for the fiscal year ended September 30, 2009.
Auditor General
The management letters were referred to the Committee on Government Operations.
The Secretary announced that the following House bill was received in the Senate and filed on Thursday, February 25:
House Bill No. 5195
The Secretary announced the enrollment printing and presentation to the Governor on Friday, February 26 for her approval the following bill:
Enrolled Senate Bill No. 887 at 11:56 a.m.
The Secretary announced that the following official bills were printed on Thursday, February 25, and are available at the legislative website:
Senate Bill Nos. 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162
1163 1164 1165 1166 1167 1168 1169 1170 1171 1173 1174 1175 1176 1177
1178 1179
House Bill Nos. 5891 5892 5893 5894 5895 5896 5897
The Secretary announced that the following official bills were printed on Friday, February 26, and are available at the legislative website:
House Bill Nos. 5898 5899 5900 5901 5902 5903 5904 5905 5906 5907
Messages from the Governor
The following messages from the Governor were received and read:
February 25, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to state office under Section 2 of 1978 PA 389, MCL 400.1502:
Domestic Violence Prevention and Treatment Board
The Honorable Donald Allen of 3965 Applegrove Lane, Lansing, Michigan 48911, county of Ingham, succeeding Mary Beth Kur, whose term has expired, is appointed to represent persons with experience in an area related to the problems of domestic violence, for a term commencing February 25, 2010 and expiring September 30, 2012.
Ms. Shirley Mann Gray of 5399 West Bloomfield Lake Road, West Bloomfield, Michigan 48323, county of Oakland, succeeding Princella E. Graham, who has resigned, is appointed to represent persons with experience in an area related to the problems of domestic violence, for a term commencing February 25, 2010 and expiring September 30, 2010.
Ms. Kym L. Worthy of 18446 Parkside, Detroit, Michigan 48221, county of Wayne, succeeding Jerry Dorsey IV, who has resigned, is appointed to represent persons with experience in an area related to the problems of domestic violence, for a term commencing February 25, 2010 and expiring September 30, 2010.
Ms. Candace S. Cowling of 4150 Grand River Drive, Grand Rapids, Michigan 49525, county of Kent, is reappointed to represent persons with experience in an area related to the problems of domestic violence, for a term expiring September 30, 2012.
The Honorable Amy R. Krause of 1240 Parkdale Street, Lansing, Michigan 48910, county of Ingham, is reappointed to represent persons with experience in an area related to the problems of domestic violence, for a term expiring September 30, 2012.
The Honorable Edward Sosnick of 4585 Kirkcaldy Road, Bloomfield Hills, Michigan 48304, county of Oakland, is reappointed to represent persons with experience in an area related to the problems of domestic violence, for a term expiring September 30, 2012.
February 26, 2010
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to state office under Sections 16121 and 17021 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17021:
Michigan Board of Medicine
Mr. Peter T. Graham, M.D., of 2233 Quarry Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Scot F. Goldberg, whose term has expired, is appointed to represent physicians, for a term commencing February 26, 2010 and expiring December 31, 2013.
Ms. Suzanne Hugly Thomashow, M.D., Ph.D., of 805 Southlawn Avenue, East Lansing, Michigan 48823, county of Ingham, succeeding Jeffrey Jones, whose term has expired, is appointed to represent physicians, for a term commencing February 26, 2010 and expiring December 31, 2013.
Mr. Oliver G. Cameron, M.D., Ph.D., of 1215 Southwood Court, Ann Arbor, Michigan 48103, county of Washtenaw, is reappointed to represent physicians, for a term expiring December 31, 2013.
Mr. David L. Dull, M.D., of 2109 Hunters Run, N.E., Ada, Michigan 49301, county of Kent, is reappointed to represent physicians, for a term expiring December 31, 2013.
Ms. Theresa L. Fraley of 13100 Ludlow Avenue, Huntington Woods, Michigan 48070, county of Oakland, is reappointed to represent the general public, for a term expiring December 31, 2013.
Mr. Michael K. Helmer of 1327 Carillon Court South, Bloomfield Hills, Michigan 48302, county of Oakland, is reappointed to represent the general public, for a term expiring December 31, 2013.
Ms. Vivian W. Leung of 1845 Pine Knoll Drive, Okemos, Michigan 48864, county of Ingham, is reappointed to represent the general public, for a term expiring December 31, 2013.
Ms. Leticia J. San Diego, Ph.D., of 39767 Chaffer Court, Clinton Township, Michigan 48038, county of Macomb, is reappointed to represent the general public, for a term expiring December 31, 2013.
Ms. Cheryl Graham Solomon of 236 Torrent Court, Rochester Hills, Michigan 48307, county of Oakland, is reappointed to represent the general public, for a term expiring December 31, 2013.
Mr. David S. Weingarden, M.D., of 17140 Adrian Road, Southfield, Michigan 48075, county of Oakland, is reappointed to represent physicians, for a term expiring December 31, 2013.
Sincerely,
Jennifer M. Granholm
Governor
The appointments were referred to the Committee on Government Operations.
By unanimous consent the Senate proceeded to the order of
Third Reading of Bills
Senator Cropsey moved that the following bills be placed at the head of the Third Reading of Bills calendar:
Senate Bill No. 192
Senate Bill No. 860
Senate Bill No. 721
Senate Bill No. 1094
Senate Bill No. 1095
Senate Bill No. 1096
The motion prevailed.
The following bill was read a third time:
Senate Bill No. 192, entitled
A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2008 PA 472.
The question being on the passage of the bill,
Senator Cassis offered the following amendment:
1. Amend page 4, line 2, by striking out all of subdivision (H) and inserting:
“(H) FOR A JOINT VENTURE FORMED FOR THE PURPOSE OF COMPLETING A CONSTRUCTION PROJECT AND NOT FOR OWNERSHIP OF THE PROJECT, PAYMENTS BY THAT JOINT VENTURE TO A PERSON THAT IS A MEMBER OR PARTNER OF THE JOINT VENTURE AND INCLUDED IN MAJOR GROUP 87 UNDER THE STANDARD INDUSTRIAL CLASSIFICATION CODE AS COMPILED BY THE UNITED STATES DEPARTMENT OF LABOR FOR CONSTRUCTION MANAGEMENT, ARCHITECTURAL, AND ENGINEERING SERVICES TO THE EXTENT THOSE PAYMENTS ARE INCLUDED IN THE GROSS RECEIPTS OF THE MEMBER OR PARTNER AND BILLED TO THE JOINT VENTURE UNDER A CONTRACTUAL AGREEMENT SPECIFIC TO THAT CONSTRUCTION PROJECT.”.
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 64 Yeas—29
Allen Cropsey Jansen Patterson
Anderson Garcia Kahn Prusi
Barcia George Kuipers Richardville
Basham Gilbert McManus Sanborn
Bishop Gleason Nofs Stamas
Brown Hardiman Olshove Van Woerkom
Cassis Hunter Pappageorge Whitmer
Cherry
Nays—8
Brater Clarke Jelinek Switalski
Clark-Coleman Jacobs Scott Thomas
Excused—1
Birkholz
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Protests
Senators Switalski and Jacobs, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 192 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.”
The motion prevailed.
Senator Switalski’s statement is as follows:
I hate going against my good friend, the chair of the Finance Committee, Senator Cassis, who I enjoy working with, but I do have a higher duty that I have to follow—the constraints imposed by the Fiscal Responsibility Caucus. This bipartisan caucus has taken a look at this bill and found that it would spend $6 million, but it doesn’t come up with the necessary $6 million to fund it. Although it is honorable in its intent, we have to follow our discipline and pay for the things that we want to fund.
So although it pains me to go against my good friend, I must vote “no” on this bill.
Senator Jacobs’ statement is as follows:
As the vice chair of the Fiscal Responsibility Caucus, I really believe that we need a long-term plan when we look at our business tax. The MBT, as we know, is an imperfect tax. We continue to go in to tweak it and massage it, when really we need to figure out how we are going to pay for these additional tax credits that we keep passing every other day.
Until we can figure out where the $6 million is going to come from, in good conscience, I cannot support this bill.
Senator Cassis asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Cassis’ statement is as follows:
I fully understand that some of these issues within the Michigan business tax can be complex unless you are dealing with them every day as I am. So let me make an attempt here to clarify.
A major inequity, unfairness, within the Michigan business tax is the issue of cascading that has been a persistent problem. If a business, for example, contracts out a joint venture to a subordinate, for example, an architectural firm, and pays that firm $100,000 to complete that part of the project, the joint venture under the gross receipts must record that even though in actuality—let’s just say they only recoup 20 percent of it or $20,000—they are taxed on the entire $100,000. Now the subordinate company is also taxed. That is the main issue of cascading. It is a horrendous problem. In some instances, it has been said that it is more of a catastrophe than paying the surcharge.
So I really encourage all of my colleagues to think very carefully when they vote against the very issue of fairness and equity, and try to remove double taxation. That is what is happening to companies, and we begin to wonder why we continue to bleed jobs. This is in great part one of the major reasons. So while it is nice to fill the coffers of Treasury, it is very unnice to see families lose their jobs, health insurance, and everything else in this state.
That is why, as the chair of the Senate Finance Committee, I think it is imperative that we address this today and go further in the very near future to address the cascading problem for all job providers. That is the next step.
The following bill was read a third time:
Senate Bill No. 860, entitled
A bill to amend 1978 PA 90, entitled “Youth employment standards act,” by amending section 4 (MCL 409.104), as amended by 1996 PA 438.
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. 65 Yeas—37
Allen Clarke Jansen Prusi
Anderson Cropsey Jelinek Richardville
Barcia Garcia Kahn Sanborn
Basham George Kuipers Scott
Bishop Gilbert McManus Stamas
Brater Gleason Nofs Switalski
Brown Hardiman Olshove Thomas
Cassis Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman
Nays—0
Excused—1
Birkholz
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 721, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 759a (MCL 168.759a), as amended by 2006 PA 605.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 66 Yeas—37
Allen Clarke Jansen Prusi
Anderson Cropsey Jelinek Richardville
Barcia Garcia Kahn Sanborn
Basham George Kuipers Scott
Bishop Gilbert McManus Stamas
Brater Gleason Nofs Switalski
Brown Hardiman Olshove Thomas
Cassis Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman
Nays—0
Excused—1
Birkholz
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Kahn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Kahn’s statement is as follows:
According to a 2009 national report issued by the Pew Center, it takes a Michigan ballot 57 days to be sent overseas and returned. This long time line meant that in 2006, 27 percent of military voters from Michigan had ballots cast and counted. For our soldiers overseas to have obstacles keeping them from participating in the democratic process that they defend is unacceptable, and I believe we all agree with that.
This bill will allow military members deployed or stationed outside the continental United States to be able to receive an electronic ballot to be downloaded, filled out, and mailed back to the clerk. I urge the passage of this bill.
The following bill was read a third time:
Senate Bill No. 1094, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 714 (MCL 168.714), as amended by 1990 PA 7.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 67 Yeas—37
Allen Clarke Jansen Prusi
Anderson Cropsey Jelinek Richardville
Barcia Garcia Kahn Sanborn
Basham George Kuipers Scott
Bishop Gilbert McManus Stamas
Brater Gleason Nofs Switalski
Brown Hardiman Olshove Thomas
Cassis Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman
Nays—0
Excused—1
Birkholz
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
The following bill was read a third time:
Senate Bill No. 1095, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644e (MCL 168.644e), as amended by 2003 PA 302.
The question being on the passage of the bill,
Senator Switalski offered the following amendment:
1. Amend page 2, following line 9, by inserting:
“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 888 of the 95th Legislature is enacted into law.”.
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Switalski requested the yeas and nays.
The yeas and nays were not ordered, 1/5 of the members present not voting therefor.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 68 Yeas—37
Allen Clarke Jansen Prusi
Anderson Cropsey Jelinek Richardville
Barcia Garcia Kahn Sanborn
Basham George Kuipers Scott
Bishop Gilbert McManus Stamas
Brater Gleason Nofs Switalski
Brown Hardiman Olshove Thomas
Cassis Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman
Nays—0
Excused—1
Birkholz
Not Voting—0
In The Chair: President
The Senate agreed to the title of the bill.
Senator Switalski asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Switalski’s statement is as follows:
We have a four-bill package in front of us that I agree with. I think these are good bills, and I will support this bill. As a group, though, I think these bills lack ambition. They solve a small problem when we really need to be more ambitious and make big changes in our election system.
So this amendment tie-bars this bill to Senate Bill No. 888, which will require that elections be held in November unless there is primary, which would be held in August. Consolidating elections to the November date would drive up participation, save money, and also simplify the entire system so that people can understand and know when elections are.
We had an election last week that had participation under 4 percent in some areas. So it is hard to defend the current system, and I hope members will support this amendment.
The following bill was read a third time:
Senate Bill No. 1096, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 713 (MCL 168.713), as amended by 1990 PA 7.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No. 69 Yeas—37
Allen Clarke Jansen Prusi
Anderson Cropsey Jelinek Richardville
Barcia Garcia Kahn Sanborn
Basham George Kuipers Scott
Bishop Gilbert McManus Stamas
Brater Gleason Nofs Switalski
Brown Hardiman Olshove Thomas
Cassis Hunter Pappageorge Van Woerkom
Cherry Jacobs Patterson Whitmer
Clark-Coleman
Nays—0
Excused—1
Birkholz
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 pro tempore, Senator Richardville, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 999, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 932d.
Senate Bill No. 1172, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17231.
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. 692, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 931a.
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:
Senate Bill No. 693, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 931 (MCL 168.931), as amended by 1996 PA 583.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 694, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 519 (MCL 168.519).
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.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 695, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11d of chapter XVII (MCL 777.11d), as added by 2002 PA 31.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
Resolutions
Senator Cropsey moved that consideration of the following resolutions be postponed for today:
Senate Resolution No. 41
Senate Resolution No. 75
Senate Resolution No. 88
House Concurrent Resolution No. 28
The motion prevailed.
The question was placed on the adoption of the following resolution consent calendar:
Senate Resolution No. 121
The resolution consent calendar was adopted.
Senator Van Woerkom offered the following resolution:
Senate Resolution No. 121.
A resolution declaring March 1-7, 2010, as Weights and Measures Week in the state of Michigan.
Whereas, The Weights and Measures Program of the Michigan Department of Agriculture Laboratory Division serves to meet the public need of standard weights and measures in the state of Michigan; and
Whereas, The employees of the Weights and Measures Program are responsible for ensuring that all weighing and measuring devices used in commerce are accurate in both their design and operation; and
Whereas, Weights and measures activities have an estimated economic impact of over $170 billion in Michigan annually; and
Whereas, This year’s theme “Michigan Weights and Measures - Keeping Pace for the Future” recognizes Michigan as one of the eight original states partnering together in 1905 to establish nationwide uniform weights and measures requirements that promote a competitive, fair marketplace and serve to strengthen Michigan’s diverse economy; and
Whereas, Each year, the first week in March is set aside to commemorate the enactment of our nation’s first Weights and Measures Law in 1799 and to increase public awareness of the importance of this law; now, therefore, be it
Resolved by the Senate, That we hereby proclaim the week of March 1-7, 2010, as Weights and Measures Week in Michigan, in conjunction with the national celebration of the 210th anniversary of our nation’s first Weights and Measures Law and the 105th year of Michigan’s co-founding of the National Conference on Weights and Measures; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Department of Agriculture with our highest esteem.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Thomas introduced
Senate Bill No. 1180, 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 13 (MCL 247.663), as amended by 2006 PA 338.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No. 5195, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 2802, 2803, and 2804 (MCL 700.2802, 700.2803, and 700.2804).
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 Judiciary.
Statements
Senators Scott, Thomas, Cherry, Cropsey, Kahn 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 Scott’s statement is as follows:
President Lyndon Baines Johnson once said, “There are no problems that we cannot solve together and very few that we can solve by ourselves.” The high cost of auto insurance is a problem that we must find common ground on. This is a problem that we must solve for the hundreds of thousands of our constituents who are struggling to pay their high insurance premiums.
We all have constituents who are being victimized by the auto insurance companies simply because of where they live, how much money they make, and many other factors that really have nothing to do with whether or not they are safe drivers. Many of us are in our last months as State Senators. It should be our goal to reform auto insurance. It should be our goal to bring fairness to that industry, so that our constituents can pay reasonable rates for their premiums.
Let’s work together on this issue, and give our constituents fair and affordable auto insurance. We all know that they want this. We’ve received letters and phone calls, and we saw the people who came to the Capitol last fall to rally for auto insurance reform. So let’s work together and give them what they want and need.
Senator Thomas’ statement is as follows:
I want to talk for a couple of moments about the Michigan State Fairgrounds. I live very near the Michigan State Fairgrounds and for nearly the past 14 years have been very privileged to represent that community, in which I live, here in the Legislature. We have had some difficult negotiations and discussions over time as to how best to maintain the property for the fairgrounds; to find out what is best for the community and what is best for the neighborhoods surrounding it.
Over that period of time, we have successfully defeated the issue of building a race track and an outdoor urban amphitheater at the fairgrounds that we all thought were too noisy. Like me, many of you may have read in papers over the past couple of weeks media reports suggesting that Michigan is considering opening up the state fairgrounds to the Huron-Clinton Metroparks Authority. Although we are still waiting on the details, I wanted to assure my constituents and colleagues that I will be looking at this very closely, and I hope that you will too.
I am particularly excited that if a metropark can happen at the state fairgrounds, that would be an exciting venture. For a very long period of time—for decades—citizens in Detroit have been paying millages into the metropark system, yet have not seen a metropark opened in our neighborhoods.
I would also like to commend John Hertel, who is currently a board member at the metroparks and the former director of the Michigan State Fair. He has been a very strong advocate for the metroparks to move to the fairgrounds. No one knows the property better than he does, and no one knows how to operate a great Michigan State Fair like he does. I know that he has a tremendous interest in doing this.
I want to caution folks that this does not continue to be happy talk that teases the citizens of Detroit into believing that a metropark will happen again. We have been down this process before, and we have had, unfortunately, the teasing that a metropark was coming to our neighborhood in the past, only to have it not happen again.
So I hope that before we rush to embrace the metropark concept, all financial questions will be asked before we can proceed. Metroparks are funded by a property tax millage, but with property tax values declining, we must know how the metroparks plan not only to operate the property, but also to upgrade the dilapidated facilities. I, like my colleagues from Detroit, will not accept a metropark that is inferior to its suburban counterparts. If we are going to be a part of the system, then we need to have an equal part of the system. I want to know if we are going to fund such a project, who is going to be funding this project, and will we need to raise taxes to build a new park? I believe we already pay too much in property taxes in the city of Detroit, and I am sure my colleagues just north of 8 Mile in Oakland and Macomb Counties would agree as well that they are paying more than their fair share.
So I don’t want us to be putting constituents into a situation where they don’t know what they are getting into. Again, we need to know upfront before the state leases or sells this property how much the citizens of Michigan and the state of Michigan are going to be on the hook for any changes. We have to have firm deadlines and have to know specifically what the project will be.
I was very strongly opposed to the state of Michigan shortsightedly closing its State Fair and its U.P. State Fair. I believe it to be a slap in the face to Detroit and a slap in the face to the citizens of Michigan and the history of Michigan.
So I hope that with a new partnership—with the metropark authority or someone else—we can restore this jewel, America’s oldest state fair, to the grandeur it deserves and to the grandeur of the citizens of Michigan. We deserve nothing less.
Senator Cherry’s statement is as follows:
I have gotten up a few times over the past few weeks to talk about how our focus needs to stay clearly and directly on the creation of jobs. Six million American workers have been out of a job for at least half a year now. Forty percent of the nation’s unemployed have been out of work for 27 weeks, and the average jobless worker has been unemployed for more than 30 weeks. In Michigan, the average length of unemployment in 2008 was 23 weeks, and as I said, it is now 30 weeks.
We first need to call on the federal government to pass the legislation that the Senate did not take up last week. Unemployment benefits have to be extended. We have to do all that we can in this state to make sure that we are doing everything we can to create jobs. We should pass the Hire Michigan First legislation now and start putting workers back on the job.
We cannot abandon the citizens of Michigan, and I believe that we need to be looking at every piece of legislation that we pass on this floor to see whether or not it creates jobs. I am hopeful today that we will pass some legislation that will help the tourism industry. While I don’t know if it will be enough, at least it is a start. We could also be creating some job programs here to create jobs in the state of Michigan.
As families are struggling with unemployment for even longer periods of time, we need to stop sitting on bills, and take action to help Michigan workers.
Senator Cropsey’s statement is as follows:
We just heard from a Democrat Senator about the need for jobs in Michigan. You know, I’m still waiting for an answer to my question that I gave to the Senate Democrats which I asked last week. The Obama Administration and the Democrats in Washington, D.C., still treat Michigan as a donor state when it comes to transportation funding. When are the Democrats in Washington going to recognize the difficulties that we have here in Michigan, and stop demanding that we pay money to get our own money back?
Last week, I mentioned the outrageous use of stimulus dollars to create permanent jobs in China to build wind turbines which they then sell to the United States. Half of all of the federal stimulus direct grants for wind energy have gone to foreign corporations, including Spain. When are the Democrats in Washington going to start insisting that American tax dollars be used to create American jobs, especially in Michigan? This past weekend, the Democrats in Washington refused to extend unemployment benefits—huge Democrat majorities in the Congress, but nothing for unemployed workers.
And now I read that the Democrats in Washington are considering awarding a $35 billion contract to build a new Air Force tanker. The bidders? Boeing in the United States and Northrop Grumman in cooperation with the European consortium Airbus. So, once again, the Democrats in Washington have a choice: an American firm or an overseas firm. To their credit, nine governors have insisted that the federal government keep the money and the jobs here in America. But Governor Granholm is not one of those nine. I ask the Senate Democrats here: Why not keep jobs in America?
Let me remind you of two quotes from Governor Granholm’s State of the State address in 2009. First: “President Obama’s priorities are nearly identical to ours. He, too, is focused on jobs for middle America and new, renewable energy jobs.” And her other quote is: “After years of seeing our economy battered like no other state by the combination of global market forces hammering the auto industry and trade policies sucking jobs overseas, fortunately, Michigan now has a friend in the White House who shares our agenda.”
I ask the Governor: What do you mean priorities nearly identical to ours? What do you mean that Michigan now has a friend in the White House who shares our agenda? Folks, with friends like that in Washington, D.C., and the White House controlling Congress, who needs enemies?
They’re taking our transportation money and giving it to other states. They’re using our tax dollars to create green energy jobs all over the world in competition with Michigan and American workers. For the record, I want everyone here to know that it is the Democrats in Washington sending jobs overseas. By the silence of the Michigan Democrats, you are enabling Washington to use our tax dollars to create foreign jobs.
The highest unemployment rate in the country; the most depressed economy in the country, and the Washington Democrats are sending our jobs overseas.
Senator Kahn’s statement is as follows:
Last week, I spoke twice about the exhaustive process used by the federal government and the Food and Drug Administration in the approval of new medications. This does not mean, however, that drug companies should never be sued; and, in fact, under Michigan’s law there are suits allowed.
Drug companies must manufacture their drugs fully to the standard under which they were approved. They also must honestly provide the FDA all requested and relevant data on the drug prior to its approval. Furthermore, if something untoward is discovered about the drug after approval has been granted, the manufacturer must promptly report this new data. A company that fails to live up to these three obligations, in fact, may be sued in Michigan. But if a company does live up to these standards, then it can’t be sued for things the FDA review committee did not ask the company to demonstrate prior to granting approval, and the company cannot be sued for things they could not have known about the drug at the time of the drug’s approval.
What does this mean, well, at least in my area? Remember what a bogus class action lawsuit regarding medical devices did to Dow Corning? While our auto companies were struggling, we lost ten years’ worth of opportunity for Dow Corning to grow and provide jobs here in Michigan. They’ve just emerged from bankruptcy recently, and they’re now considered one of the jewels of Michigan, but we did lose ten years of job opportunity.
While Dow Corning was nearly mortally wounded, a lawsuit about drug devices worked its way through the federal court system. It was decided in 2008, too late to help us, but maybe it will help future generations of Americans. The U.S. Supreme Court on February 20, 2008, held that a device maker cannot be sued if it has premarket FDA approval. The case was Riegel v. Medtronic. Justice Scalia writing for the 8-1 Supreme Court majority wrote that the FDA grants approval only it if finds there is a “reasonable assurance of safety and effectiveness.” Let me restate that: It grants approval only if it finds there is a “reasonable assurance of safety and effectiveness.”
As a legislator, I came here out of concern for our people and my patients. Like you, I am worried about the cost of hospital care, seeing a physician, and the cost of medications. And, as a legislator, I want to encourage pharmaceutical companies’ continued investment in Michigan, which so desperately needs jobs, and our people, who so desperately need access to medications.
I don’t want to construct inappropriate roadblocks or create another Dow Corning disaster. As a doctor, I don’t want to drive up the cost of medicines. Our current law protects patients’ rights, while requiring a justifiable reason from personal injury lawyers before endless rounds of lawsuits start.
Michigan’s current FDA defense law was passed to help protect patients and grow job-providing companies whose mission is to research and develop drugs that help people lead healthier, more productive lives. If we continue to do this, we will save lives, provide hope, and create jobs.
Senator Switalski’s statement is as follows:
I was not going to speak today, but I find I must rise to respond to my good friend Senator Cropsey and his remarks. I listened to him last week about Michigan being a transportation donor state, and I was, frankly, surprised when he blamed state Democrats for this because we were a donor state in 2000 when we had a Republican Governor, a Republican House, and a Republican Senate; but I let it pass.
My good friend Senator Cropsey has set a new level for hutzpa today when he questioned how a huge Democratic majority can fail to extend unemployment when we all know it is Senator Bunning of Kentucky, a Republican, who has stopped the extension with his one-man veto. Now, be assured that when I get there, I will fix this, but until then, I thought we should correctly identify Senator Bunning as the person obstructing the extension of unemployment benefits.
Committee Reports
The Committee on Economic Development and Regulatory Reform reported
Senate Bill No. 185, entitled
A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” (MCL 554.601 to 554.616) by adding section 1b.
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.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Richardville, Gilbert, Thomas, Hunter and Jacobs
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic Development and Regulatory Reform reported
Senate Bill No. 492, entitled
A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 13 (MCL 125.2652 and 125.2663), section 2 as amended by 2007 PA 204 and section 13 as amended by 2007 PA 202.
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.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Richardville, Gilbert, Thomas, Hunter and Jacobs
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Economic Development and Regulatory Reform reported
Senate Bill No. 1091, entitled
A bill to amend 1965 PA 285, entitled “Professional investigator licensure act,” by amending section 4 (MCL 338.824), as amended by 2008 PA 146.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Richardville, Gilbert, Thomas, Hunter and Jacobs
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development and Regulatory Reform reported
House Bill No. 5200, entitled
A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2511 (MCL 339.2511), as amended by 1990 PA 164.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Richardville, Gilbert, Thomas, Hunter and Jacobs
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Economic Development and Regulatory Reform reported
House Bill No. 5201, entitled
A bill to repeal 1972 PA 286, entitled “Land sales act,” (MCL 565.801 to 565.835).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan Sanborn
Chairperson
To Report Out:
Yeas: Senators Sanborn, Richardville, Gilbert, Thomas, Hunter and Jacobs
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Economic Development and Regulatory Reform submitted the following:
Meeting held on Wednesday, February 24, 2010, at 1:00 p.m., Rooms 402 and 403, Capitol Building
Present: Senators Sanborn (C), Richardville, Gilbert, Thomas, Hunter and Jacobs
Excused: Senator Allen
The Committee on Health Policy reported
Senate Joint Resolution K, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to provide a right to independent health care.
With the recommendation that the substitute (S-1) be adopted and that the joint resolution then be adopted.
Thomas M. George
Chairperson
To Report Out:
Yeas: Senators George, Allen, Patterson and Sanborn
Nays: Senators Clarke and Jacobs
The joint resolution and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Health Policy reported
House Bill No. 4172, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21530; 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.
Thomas M. George
Chairperson
To Report Out:
Yeas: Senators George, Patterson, Clarke and Jacobs
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Health Policy submitted the following:
Meeting held on Wednesday, February 24, 2010, at 3:08 p.m., Room 110, Farnum Building
Present: Senators George (C), Allen, Patterson, Sanborn, Clarke, Gleason and Jacobs
The Committee on Agriculture and Bioeconomy reported
Senate Bill No. 1131, entitled
A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending sections 31 and 33 (MCL 288.501 and 288.503), section 31 as amended by 2008 PA 136.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Gerald Van Woerkom
Chairperson
To Report Out:
Yeas: Senators Van Woerkom, Gilbert, Birkholz, Gleason and Whitmer
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Agriculture and Bioeconomy reported
Senate Bill No. 1132, entitled
A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” by amending section 110 (MCL 288.670), as amended by 2008 PA 147.
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, Gilbert, Birkholz, Gleason and Whitmer
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 Agriculture and Bioeconomy submitted the following:
Meeting held on Thursday, February 25, 2010, at 9:00 a.m., Room 110, Farnum Building
Present: Senators Van Woerkom (C), Gilbert, Birkholz, Gleason and Whitmer
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Human Services submitted the following:
Joint meeting held on Thursday, February 25, 2010, at 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hardiman (C) and Jansen
Excused: Senators Kahn, Scott and Barcia
COMMITTEE ATTENDANCE REPORT
The Committee on Energy Policy and Public Utilities submitted the following:
Meeting held on Thursday, February 25, 2010, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Patterson (C), Brown, Kuipers, Richardville, Olshove and Thomas
Absent: Senators Birkholz, Nofs, Clarke and Clark-Coleman
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Thursday, February 25, 2010, at 2:30 p.m., Room 210, Farnum Building
Present: Senators Kuipers (C), Van Woerkom, Whitmer and Gleason
Excused: Senator Cassis
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Department of Community Health submitted the following:
Meeting held on Thursday, February 25, 2010, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Kahn (C), Pappageorge, Stamas, Cherry and Switalski
Excused: Senators George and Barcia
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Higher Education submitted the following:
Meeting held on Monday, March 1, 2010, at 10:00 a.m., Madonna University, Franciscan Center, 36600 Schoolcraft Road, Livonia
Present: Senators Stamas (C), George, Barcia, Anderson and Brater
Excused: Senators Hardiman and Kahn
COMMITTEE ATTENDANCE REPORT
The Subcommittee on Community Colleges submitted the following:
Meeting held on Monday, March 1, 2010, at 1:30 p.m., Schoolcraft Community College, VisTaTech Center, Sutherland Room, 18600 Haggerty Road, Livonia
Present: Senators Hardiman (C) and Garcia
Excused: Senator Clark-Coleman
Scheduled Meetings
Agriculture and Bioeconomy - Thursday, March 4, 9:00 a.m., Room 110, Farnum Building (373-1635)
Appropriations - Wednesday, March 3, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)
Subcommittees -
Capital Outlay - Thursday, March 4, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Community Colleges - Thursday, March 11, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Community Health Department - Thursdays, March 4 and March 11, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
Economic Development and House Economic Development Appropriations Subcommittee - Wednesday, March 3, 8:30 a.m., Room 426, Capitol Building (373-2768)
Higher Education - Monday, March 8, 10:30 a.m., Ferris State University, Interdisciplinary Resource Center, 1301 South State Street, Big Rapids (373-2768)
Judiciary and Corrections - Tuesday, March 9, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)
K-12, School Aid, Education - Tuesday, March 9, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)
Education - Thursday, March 4, 2:30 p.m., Room 210, Farnum Building (373-6920)
Energy Policy and Public Utilities - Thursday, March 4, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-7350)
Health Policy - Wednesday, March 3, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0793)
Hunting, Fishing and Outdoor Recreation - Thursday, March 4, 1:00 p.m., Room 100, Farnum Building (373-1777)
Legislative Retirement Board of Trustees - Wednesday, March 3, 2:00 p.m., Room H-65, Ground Floor, Capitol Building (373-0575)
Natural Resources and Environmental Affairs - Wednesday, March 3, 1:00 p.m., Room 110, Farnum Building (373-3447)
Senior Citizens and Veterans Affairs - Wednesday, March 3, 9:00 a.m., Room 100, Farnum Building (373-2413)
Senator Cropsey moved that the Senate adjourn.
The motion prevailed, the time being 11:28 a.m.
The President pro tempore, Senator Richardville, declared the Senate adjourned until Wednesday, March 3, 2010, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
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