Journal of the Senate 95Th Legislature REGULAR SESSION of 2010

No. 78 STATE OF MICHIGAN Journal of the Senate 95th Legislature REGULAR SESSION OF 2010

Senate Chamber, Lansing, Wednesday, September 22, 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—present Hardiman—present Richardville—present Bishop—present Hunter—present Sanborn—present Brater—present Jacobs—present Scott—present Brown—present Jansen—present Stamas—present Cassis—present Jelinek—present Switalski—present Cherry—present Kahn—present Thomas—present Clark-Coleman—present Kuipers—present Van Woerkom—present Clarke—present McManus—present Whitmer—present Cropsey—present Nofs—present 1550 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Senator Alan Sanborn of the 11th District offered the following invocation: Almighty God, as we prepare to take on the work of the people, let us not hesitate to call upon You as we toil to return the state to prosperity. Lord, the task before us is difficult, and without Your guiding hand, we would be lost. Give us the strength so that we can overcome the challenges laid before us. Give us the wisdom so that we might know the best ways to improve ourselves and our state. Give us patience so that we might work together in this chamber and throughout government to serve the people more effectively. And finally, Lord, continue to lead us on the path of righteousness that You have set before us. This we ask in Christ’s name. Amen.

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

Motions and Communications

Senators Brown, Gilbert, Jansen, Kahn, Barcia, Nofs, Brater and Garcia entered the Senate Chamber.

Senator Cropsey moved that consideration of the motion to discharge the Committee on Government Operations from further consideration of the following resolution be postponed for today: Senate Resolution No. 172 The motion prevailed.

Senator Cropsey moved that the Committee on Energy Policy and Public Utilities be discharged from further consideration of the following bill: House Bill No. 5654, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending section 51 (MCL 460.1051). The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Cropsey moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 5654 The motion prevailed, a majority of the members serving voting therefor.

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: House Bill No. 5307 House Bill No. 5599 The motion prevailed, a majority of the members serving voting therefor.

Senator Cropsey moved that rule 3.902 be suspended to allow the guests of Senator Richardville admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor.

Senator Cropsey moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. The motion prevailed, a majority of the members serving voting therefor.

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. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1551

10:13 a.m.

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

During the recess, Senator Richardville introduced Georgia Fojtasek, President and CEO of Allegiance Health of Jackson County, recipient of awards for the Thomas Reuters 100 Top Hospitals for National Benchmarks 2009 and Everest Award for National Benchmarks 2009 and HealthGrades Distinguished Hospital Award for Clinical Excellence and Patient Safety Excellence Award; and was presented with a Special Tribute. Ms. Fojtasek responded briefly.

Senator Gleason asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Gleason’s statement is as follows: It is with a heavy heart that I stand here today to read a memorial tribute to a member of a family whom I am familiar with. As we gather in these hallowed chambers from time to time, we rise, as we are today, with a gracious heart to thank those who have carried on the work of our state and our country. So today we are joined in the Gallery by the mother and father, Dennis and Teri Johnson; Joe’s sister, Jennifer Pollak; grandmother, Glenna Maxwell; grandparents, Eugene and Lois Johnson; and uncles, Jim and John Maxwell and their wives are in attendance as well. Also we are honored today with the Casualty Affairs officer, Sergeant First Class Kent Smith and his son. At this time, I would like to read a memorial tribute, on behalf of the state of Michigan, to this fallen hero: “In memory of Army Specialist Joseph Dennis Johnson LET IT BE KNOWN, It is with deep respect, admiration, and sadness that we offer the highest tribute as a memorial for the life of Army Specialist Joseph Dennis Johnson. On behalf of the citizens of the United States, the state of Michigan, and the Flint community, we extend our deepest condolences to the family and friends of Army Specialist Joseph Johnson. This loss has saddened all who had the good fortune of knowing him during his short life. Yet the fulfilling memories that Joe left with us will keep us laughing for years to come. Joseph Johnson was born in Flint, Michigan, on May 7, 1983. He attended Carman-Ainsworth High School, where he played football for a short time. He spent the rest of his time playing saxophone in the marching band. His teacher said he was nothing less than an adventure to have in class. In 2004, he surprised his mother with a cap and gown and graduated. Joe went on to attend Lake Superior State University for a short time before he signed with the U.S. Army. He was assigned to the161st Engineer Support Company, 27th Engineer Battalion, 20th Engineer Brigade. He served his nation valiantly as a specialist in the U.S. Army, spending his tour first as a combat engineer and specializing in rough terrain airborne and eventually disarmed bombs. He told his mother that for every bomb he dismantled, he was saving a life, which was a feeling he enjoyed more than anything. His commander insisted he was a natural heroic leader with the ability to take on any task. He volunteered for any mission and viewed it as a challenge. He was never afraid of anything and received some of the greatest accomplishments as a result. To name a few, he was given the Good Conduct Medal, the Bronze Star, the Purple Heart, and the incredible Delta Force Coin. He carried his coins with him at all times, though he never spoke of his accomplishments to anyone, not even his parents. To all who knew Specialist Johnson, he was a social butterfly with an easygoing and laid-back attitude. He viewed every day as a new journey, and his daring mind never let a day pass without fulfilling it to its fullest. His motto was “If it isn’t worth the risk, it isn’t worth it.” He was someone who appreciated having fun. He would put a smile on your face or would make you cry laughing at any moment. Behind Joseph’s sense of adventure was a loving, caring, and compassionate young man who cared for all. His cheerful attitude and giant heart made him fall in love with the children in Afghanistan. At one point, they convinced him to ride their donkey. Sure enough, he did. His parents later got a good laugh from the picture that he sent home. In his spare time, he thought of ways that he could help both of his parents and his loving sister Jenny and her husband with their beautiful children in any way possible. The life of Army Specialist Joseph Dennis Johnson was a true demonstration of hard work, dedication, and commitment to both his family and his country. His memory reminds us to live every day to the absolute and the fullest just as he would have done. Words are unable to describe the gratitude which we feel for his sacrifice and the dedication to which he gave his duty as a U.S. solider, a son, a brother, and an uncle. As we remember the wonderful young man Joe was, may we always remember him with a smile. 1552 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to offer our words of praise as a memorial for Army Specialist Joseph Dennis Johnson. May his family find comfort in their faith and their memories of this fine man and his distinguished career.”

A moment of silence was observed in memory of Army Specialist Joseph Dennis Johnson.

The following communication was received and read: Office of the Auditor General September 17, 2010 Enclosed is a copy of the following audit report: Performance audit of Road and Bridge Construction Project Monitoring, Michigan Department of Transportation. Auditor General The audit report was referred to the Committee on Government Operations.

Recess

Senator Cropsey moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:24 a.m.

11:00 a.m.

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

During the recess, Senator Bishop entered the Senate Chamber.

Senator Birkholz asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Birkholz’s statement is as follows: We have with us today the family of Specialist Bradley David Rappuhn, who unfortunately lost his life in Afghanistan. They are in the north Gallery, and I would like to honor them with this tribute. Specialist Bradley David Rappuhn was an anti-armor specialist assigned to Company B, 3rd Battalion, 75th Ranger Regiment at Fort Benning, Georgia. He enlisted in January of 2009 and was killed recently by an improvised bomb during combat in Afghanistan. Bradley graduated from Grand Ledge High School in 2004 and was a member of the bowling team. He loved fishing, his Harley Davison, and his dog Bill. He is survived by his parents, Cary Rappuhn of Potterville, Roxanne Rappuhn of Grand Ledge, and his brother Brent of Grand Ledge. Specialist Rappuhn selflessly lived his life for others while he distinguished himself as a member of the Army’s premier light infantry unit. In every instance where he was called, he fought valiantly as he served his fellow rangers and our nation the United States of America. Specialist Rappuhn received awards and decorations, including the Purple Heart, the Army Achievement Medal, the National Defense Service Medal, the Afghanistan Campaign Medal with a Combat Star, the Global War on Terrorism Service Medal, and the Army Service Medal. He was posthumously awarded a Bronze Star Medal, the Meritorious Service Medal, and a second Purple Heart. His family is in the north Gallery. I would like you to ask them to stand and that we honor them with a moment of silence.

A moment of silence was observed in memory of Army Specialist Bradley David Rappuhn.

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, September 21: House Bill No. 6374 No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1553

The Secretary announced that the following official bills were printed on Tuesday, September 21, and are available at the legislative website: Senate Bill No. 1502 House Bill No. 6462

By unanimous consent the Senate proceed to the order of Messages from the House

Senator Cropsey moved that consideration of the following bill be postponed for today: House Bill No. 4514 The motion prevailed.

Senate Bill No. 1152, entitled A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2011; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies. (For Conference Report, see Senate Journal No. 77, p. 1461.) The House of Representatives has adopted the report of the Committee of Conference. 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 Third Reading of Bills

Senator Cropsey moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5473 House Bill No. 5520 Senate Bill No. 1499 Senate Bill No. 1108 Senate Bill No. 1109 Senate Bill No. 1110 Senate Bill No. 1476 Senate Bill No. 1477 Senate Bill No. 1478 The motion prevailed.

The following bill was read a third time: House Bill No. 5473, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 12 (MCL 28.432), as amended by 2008 PA 195. 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. 428 Yeas—35

Allen Cherry Hunter Prusi Anderson Clark-Coleman Jacobs Richardville 1554 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Barcia Clarke Jansen Sanborn Basham Cropsey Jelinek Scott Birkholz Garcia McManus Stamas Bishop George Nofs Thomas Brater Gilbert Olshove Van Woerkom Brown Gleason Pappageorge Whitmer Cassis Hardiman Patterson

Nays—0

Excused—0

Not Voting—3

Kahn Kuipers Switalski

In The Chair: President

Senator Thomas moved that Senator Switalski be excused from the balance of today’s session. The motion prevailed.

Senator Cropsey moved that Senators Kahn and Kuipers be temporarily excused from the balance of today’s session. The motion prevailed.

Senators Kahn and Kuipers entered the Senate Chamber.

The following bill was read a third time: House Bill No. 5520, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2a (MCL 28.422a), as amended by 2008 PA 194. 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. 429 Yeas—37

Allen Clark-Coleman Jacobs Patterson Anderson Clarke Jansen Prusi Barcia Cropsey Jelinek Richardville Basham Garcia Kahn Sanborn Birkholz George Kuipers Scott No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1555

Bishop Gilbert McManus Stamas Brater Gleason Nofs Thomas Brown Hardiman Olshove Van Woerkom Cassis Hunter Pappageorge Whitmer Cherry

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

The following bill was read a third time: Senate Bill No. 1499, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 11 (MCL 36.11), as amended by 1982 PA 391. 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. 430 Yeas—37

Allen Clark-Coleman Jacobs Patterson Anderson Clarke Jansen Prusi Barcia Cropsey Jelinek Richardville Basham Garcia Kahn Sanborn Birkholz George Kuipers Scott Bishop Gilbert McManus Stamas Brater Gleason Nofs Thomas Brown Hardiman Olshove Van Woerkom Cassis Hunter Pappageorge Whitmer Cherry

Nays—0

Excused—1

Switalski 1556 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Not Voting—0

In The Chair: President

Senator Cropsey moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Senators Anderson, Barcia, Birkholz, Bishop, Brater, Brown, Cassis, Cherry, Clark-Coleman, Clarke, Cropsey, Garcia, George, Gilbert, Gleason, Hardiman, Hunter, Jacobs, Jansen, Jelinek, Kahn, Kuipers, McManus, Nofs, Patterson, Prusi, Richardville, Sanborn, Scott, Stamas, Thomas, Van Woerkom and Whitmer were named co‑sponsors of the bill.

The following bill was read a third time: Senate Bill No. 1108, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending sections 6 and 8 of chapter IV (MCL 224.6 and 224.8), section 6 as amended by 2009 PA 39 and section 8 as amended by 1994 PA 320. 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. 431 Yeas—32

Allen Clark-Coleman Jelinek Prusi Barcia Clarke Kahn Richardville Basham Cropsey Kuipers Sanborn Birkholz George McManus Scott Bishop Gilbert Nofs Stamas Brater Gleason Olshove Thomas Brown Hunter Pappageorge Van Woerkom Cassis Jacobs Patterson Whitmer

Nays—5

Anderson Garcia Hardiman Jansen Cherry

Excused—1

Switalski

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1557

The following bill was read a third time: Senate Bill No. 1109, entitled A bill to amend 1966 PA 261, entitled “An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 3 (MCL 46.403). 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. 432 Yeas—30

Allen Clarke Jelinek Patterson Barcia Cropsey Kahn Richardville Basham Garcia Kuipers Sanborn Birkholz George McManus Scott Bishop Gilbert Nofs Stamas Brown Gleason Olshove Thomas Cherry Hunter Pappageorge Van Woerkom Clark-Coleman Jacobs

Nays—6

Anderson Hardiman Prusi Whitmer Brater Jansen

Excused—1

Switalski

Not Voting—1

Cassis

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time: Senate Bill No. 1110, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 252 (MCL 168.252). 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. 433 Yeas—26

Allen Cropsey Kahn Patterson Basham George Kuipers Richardville 1558 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Birkholz Gilbert McManus Sanborn Bishop Gleason Nofs Stamas Brown Hunter Olshove Thomas Cassis Jacobs Pappageorge Van Woerkom Clarke Jelinek

Nays—11

Anderson Cherry Hardiman Scott Barcia Clark-Coleman Jansen Whitmer Brater Garcia Prusi

Excused—1

Switalski

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. 1476, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 254 (MCL 168.254), as amended by 1999 PA 218. 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. 434 Yeas—26

Allen Cropsey Kahn Patterson Basham George Kuipers Richardville Birkholz Gilbert McManus Sanborn Bishop Gleason Nofs Stamas Brown Hunter Olshove Thomas Cassis Jacobs Pappageorge Van Woerkom Clarke Jelinek

Nays—11

Anderson Cherry Hardiman Scott Barcia Clark-Coleman Jansen Whitmer Brater Garcia Prusi

Excused—1

Switalski No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1559

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. 1477, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 267 (MCL 168.267). 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. 435 Yeas—32

Allen Cherry Jacobs Patterson Anderson Clark-Coleman Jelinek Richardville Basham Clarke Kahn Sanborn Birkholz Cropsey Kuipers Scott Bishop George McManus Stamas Brater Gilbert Nofs Thomas Brown Gleason Olshove Van Woerkom Cassis Hunter Pappageorge Whitmer

Nays—5

Barcia Hardiman Jansen Prusi Garcia

Excused—1

Switalski

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. 1478, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 269 (MCL 168.269), 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: 1560 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Roll Call No. 436 Yeas—27

Allen Clarke Jelinek Patterson Basham Cropsey Kahn Richardville Birkholz George Kuipers Sanborn Bishop Gilbert McManus Stamas Brown Gleason Nofs Thomas Cassis Hunter Olshove Van Woerkom Cherry Jacobs Pappageorge

Nays—10

Anderson Clark-Coleman Jansen Scott Barcia Garcia Prusi Whitmer Brater Hardiman

Excused—1

Switalski

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 Barcia 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 without amendment, the following bills: House Bill No. 5307, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 1b (MCL 400.1b), as amended by 1995 PA 223.

Senate Bill No. 1235, entitled A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1561 property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending the title and section 1 (MCL 123.951), the title as amended by 1998 PA 190 and section 1 as amended by 1993 PA 121.

Senate Bill No. 1238, entitled A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2008 PA 453.

Senate Bill No. 1234, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending section 3 (MCL 125.2873), as amended by 2007 PA 44.

House Bill No. 5716, entitled A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2008 PA 310, and by adding section 3i.

House Bill No. 5654, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending section 51 (MCL 460.1051).

House Bill No. 6427, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2009 PA 82. 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: House Bill No. 5599, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2008 PA 48. 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. 77, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2010 PA 17. Substitute (S-2). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 2, line 5, after “LEVIES” by striking out “OR” and inserting a comma and “FOR 2010 ONLY ON OR BEFORE NOVEMBER 1 FOR THE IMMEDIATELY SUCCEEDING WINTER TAX LEVY AND ALL SUBSEQUENT TAX LEVIES, OR IN 2011 AND EACH YEAR AFTER 2011”. 2. Amend page 22, line 23, after “LEVIES” by striking out “OR” and inserting a comma and “FOR 2010 ONLY ON OR BEFORE NOVEMBER 1 FOR THE IMMEDIATELY SUCCEEDING WINTER TAX LEVY AND ALL SUBSEQUENT TAX LEVIES, OR IN 2011 AND EACH YEAR AFTER 2011”. 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. 1562 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1237, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22225 (MCL 333.22225), as amended by 1993 PA 88. 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. 1488, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec tion 32607 (MCL 324.32607), as amended by 2004 PA 546. 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. 5666, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2008 PA 396. 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. 5717, entitled A bill to amend 1975 PA 169, entitled “Charitable organizations and solicitations act,” by amending section 2 (MCL 400.272) and by adding section 19. 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: House Bill No. 5920, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2006 PA 259. 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. 6038, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212, 7403, and 7404 (MCL 333.7212, 333.7403, and 333.7404), as amended by 2002 PA 710. 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. 6226, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2002 PA 710. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1563

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 amendments, the following bill: House Bill No. 6426, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 205, 525, 543, 609, 901, 903, 909, and 1027 (MCL 436.1205, 436.1525, 436.1543, 436.1609, 436.1901, 436.1903, 436.1909, and 436.2027), section 205 as amended by 2001 PA 274, sections 525 and 1027 as amended by 2008 PA 218, section 543 as amended by 2005 PA 269, section 901 as amended by 2008 PA 11, and section 903 as amended by 2000 PA 431, and by adding sections 1029 and 1031. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 11, line 21, by striking out all of subdivision (AA) and relettering the remaining subdivision. 2. Amend page 16, line 14, after “SECTION” by striking out “525(1)(BB)” and inserting “525(1)(AA)”. 3. Amend page 24, line 10, after “COMMISSION” by striking out the balance of the subsection and inserting a period. 4. Amend page 27, line 18, after “SECTION” by striking out “525(1)(BB)” and inserting “525(1)(AA)”. 5. Amend page 28, line 17, after “THE” by striking out “LICENSURE” and inserting “REGISTRATION”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended 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 at the head of the Third Reading of Bills calendar: Senate Bill No. 1235 Senate Bill No. 1238 Senate Bill No. 1234 Senate Bill No. 1237 Senate Bill No. 1488 House Bill No. 5666 House Bill No. 5716 House Bill No. 5717 House Bill No. 5920 House Bill No. 6038 House Bill No. 6226 House Bill No. 6426 House Bill No. 6427 House Bill No. 5307 House Bill No. 5599 House Bill No. 5654 The motion prevailed, a majority of the members serving voting therefor.

The following bill was read a third time: Senate Bill No. 1235, entitled A bill to amend 1948 (1st Ex Sess) PA 31, entitled “An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district’s boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district’s boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district’s boundaries; to provide for compensation of authority commissioners; to permit 1564 JOURNAL OF THE SENATE [September 22, 2010] [No. 78 transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies,” by amending the title and section 1 (MCL 123.951), the title as amended by 1998 PA 190 and section 1 as amended by 1993 PA 121. 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. 437 Yeas—36

Allen Cherry Hunter Patterson Anderson Clark-Coleman Jacobs Prusi Barcia Clarke Jansen Richardville Basham Cropsey Jelinek Sanborn Birkholz Garcia Kahn Scott Bishop George McManus Stamas Brater Gilbert Nofs Thomas Brown Gleason Olshove Van Woerkom Cassis Hardiman Pappageorge Whitmer

Nays—0

Excused—1

Switalski

Not Voting—1

Kuipers

In The Chair: President

The Senate agreed to the title of the bill.

Senator Cropsey moved that Senator Kuipers be temporarily excused from the balance of today’s session. The motion prevailed.

The following bill was read a third time: Senate Bill No. 1238, entitled A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2008 PA 453. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1565

Roll Call No. 438 Yeas—36

Nays—0

Excused—2

Kuipers Switalski

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Kuipers entered the Senate Chamber.

The following bill was read a third time: Senate Bill No. 1234, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending section 3 (MCL 125.2873), as amended by 2007 PA 44. 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. 439 Yeas—37

Nays—0 1566 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Excused—1

Switalski

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. 1237, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22225 (MCL 333.22225), as amended by 1993 PA 88. 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. 440 Yeas—36

Allen Cherry Jacobs Patterson Anderson Clark-Coleman Jansen Prusi Barcia Clarke Jelinek Richardville Basham Cropsey Kahn Sanborn Birkholz George Kuipers Scott Bishop Gilbert McManus Stamas Brater Gleason Nofs Thomas Brown Hardiman Olshove Van Woerkom Cassis Hunter Pappageorge Whitmer

Nays—1

Garcia

Excused—1

Switalski

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1567

The following bill was read a third time: Senate Bill No. 1488, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32607 (MCL 324.32607), as amended by 2004 PA 546. 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. 441 Yeas—37

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time: House Bill No. 5666, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2008 PA 396. 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. 442 Yeas—37

Allen Clark-Coleman Jacobs Patterson Anderson Clarke Jansen Prusi Barcia Cropsey Jelinek Richardville Basham Garcia Kahn Sanborn 1568 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Birkholz George Kuipers Scott Bishop Gilbert McManus Stamas Brater Gleason Nofs Thomas Brown Hardiman Olshove Van Woerkom Cassis Hunter Pappageorge Whitmer Cherry

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

The following bill was read a third time: House Bill No. 5716, entitled A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2008 PA 310, and by adding section 3i. 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. 443 Yeas—37

Nays—0

Excused—1

Switalski No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1569

Not Voting—0

In The Chair: President

The following bill was read a third time: House Bill No. 5717, entitled A bill to amend 1975 PA 169, entitled “Charitable organizations and solicitations act,” by amending section 2 (MCL 400.272) and by adding section 19. 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. 444 Yeas—37

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

The following bill was read a third time: House Bill No. 5920, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2006 PA 259. 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. 445 Yeas—37

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

Senator Cropsey moved that the bill be given immediate effect. The motion prevailed, 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 revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1571 prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6038, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7212 and 7218 (MCL 333.7212 and 333.7218), section 7212 as amended by 2002 PA 710 and section 7218 as amended by 1998 PA 319. 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. 446 Yeas—36

Allen Cherry Hunter Patterson Anderson Clark-Coleman Jacobs Prusi Barcia Clarke Jansen Richardville Basham Cropsey Jelinek Sanborn Birkholz Garcia Kahn Scott Bishop George Kuipers Stamas Brater Gilbert Nofs Thomas Brown Gleason Olshove Van Woerkom Cassis Hardiman Pappageorge Whitmer

Nays—0

Excused—1

Switalski

Not Voting—1

McManus

In The Chair: President

Senator Cropsey moved that Senator McManus be temporarily excused from the balance of today’s session. The motion prevailed.

Senator McManus entered the Senate Chamber.

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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; 1572 JOURNAL OF THE SENATE [September 22, 2010] [No. 78 to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6226, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2002 PA 710. 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. 447 Yeas—37

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1573 to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6426, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 205, 525, 543, 609, 901, 903, 909, and 1027 (MCL 436.1205, 436.1525, 436.1543, 436.1609, 436.1901, 436.1903, 436.1909, and 436.2027), section 205 as amended by 2001 PA 274, sections 525 and 1027 as amended by 2008 PA 218, section 543 as amended by 2005 PA 269, section 901 as amended by 2008 PA 11, and section 903 as amended by 2000 PA 431, and by adding sections 1029 and 1031. 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. 448 Yeas—30

Anderson Clarke Kahn Richardville Barcia George McManus Sanborn Basham Gilbert Nofs Scott Birkholz Gleason Olshove Stamas Bishop Hunter Pappageorge Thomas Brater Jacobs Patterson Van Woerkom Cherry Jansen Prusi Whitmer Clark-Coleman Jelinek

Nays—7

Allen Cassis Garcia Kuipers Brown Cropsey Hardiman

Excused—1

Switalski

Not Voting—0

In The Chair: President

Senator Cropsey moved that the bill be given immediate effect. The motion did not prevail, 2/3 of the members serving not voting therefor. 1574 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Senator Cropsey moved that the bill be given immediate effect. The motion prevailed, 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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”. The Senate agreed to the full title.

The following bill was read a third time: House Bill No. 6427, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 159g (MCL 750.159g), as amended by 2009 PA 82. 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. 449 Yeas—37

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

The following bill was read a third time: House Bill No. 5307, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 1b (MCL 400.1b), as amended by 1995 PA 223. 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. 450 Yeas—37

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

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; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. 1576 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

The following bill was read a third time: House Bill No. 5599, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2008 PA 48. 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. 451 Yeas—35

Allen Cherry Jacobs Prusi Anderson Clark-Coleman Jansen Richardville Barcia Clarke Jelinek Sanborn Basham Garcia Kahn Scott Birkholz George Kuipers Stamas Bishop Gilbert McManus Thomas Brater Gleason Nofs Van Woerkom Brown Hardiman Olshove Whitmer Cassis Hunter Pappageorge

Nays—2

Cropsey Patterson

Excused—1

Switalski

Not Voting—0

In The Chair: President

The following bill was read a third time: House Bill No. 5654, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending section 51 (MCL 460.1051). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1577

Roll Call No. 452 Yeas—37

Nays—0

Excused—1

Switalski

Not Voting—0

In The Chair: President

Senator Cropsey moved that the bill be given immediate effect. The motion prevailed, 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 require certain providers of electric service to establish renewable energy programs; to require certain providers of electric or natural gas service to establish energy optimization programs; to authorize the use of certain energy systems to meet the requirements of those programs; to provide for the approval of energy optimization service companies; to provide for certain charges on electric and natural gas bills; to promote energy conservation by state agencies and the public; to create a wind energy resource zone board and provide for its power and duties; to authorize the creation and implementation of wind energy resource zones; to provide for expedited transmission line siting certificates; to provide for a net metering program and the responsibilities of certain providers of electric service and customers with respect to net metering; to provide for fees; to prescribe the powers and duties of certain state agencies and officials; to require the promulgation of rules and the issuance of orders; and to provide for civil sanctions, remedies, and penalties,”. The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of Messages from the House

Senate Bill No. 884, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; 1578 JOURNAL OF THE SENATE [September 22, 2010] [No. 78 to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending sections 24, 30c, and 31 (MCL 205.24, 205.30c, and 205.31), section 24 as amended by 2003 PA 201, section 30c as amended by 2007 PA 194, and section 31 as amended by 2002 PA 657. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 31 (MCL 205.31), as amended by 2002 PA 657. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Cropsey moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Cassis offered the following amendment to the substitute: 1. Amend page 4, following line 18, by striking out all of subsection (6) and renumbering the remaining subsections. The amendment to the substitute was adopted. The question being on concurring in the House substitute, as amended, The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 453 Yeas—33

Allen Clarke Jacobs Pappageorge Anderson Cropsey Jansen Patterson Barcia Garcia Jelinek Prusi Basham George Kahn Richardville Birkholz Gilbert Kuipers Sanborn Bishop Gleason McManus Stamas Brown Hardiman Nofs Thomas Cassis Hunter Olshove Van Woerkom Cherry

Nays—4

Brater Clark-Coleman Scott Whitmer

Excused—1

Switalski

Not Voting—0

In The Chair: President No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1579

Senator Cropsey moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended.

Protests

Senators Whitmer, Clark-Coleman, Scott and Brater, under their constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute, as amended, to Senate Bill No. 884. Senator Whitmer’s statement, in which Senators Clark-Coleman, Scott and Brater concurred, is as follows: I voted “no” on that last bill because this is just yet another one-time fix. Michigan has a structural budget deficit that this Legislature for ten years has avoided making the long-term tough decisions to put our ship right. This is simply a get-out-of-dodge move. I am not going to support it. I am tired of these one-time fixes.

By unanimous consent the Senate proceeded to the order of 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. 41 Senate Resolution No. 168 Senate Resolution No. 169 Senate Concurrent Resolution No. 48 The motion prevailed.

Senator Stamas offered the following concurrent resolution: Senate Concurrent Resolution No. 53. A concurrent resolution to approve a certain designated open space land application for property in Midland County. Whereas, Section 36105(2) and Section 36106(9) of Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, require the Department of Agriculture to submit each applica tion for a designated open space easement and local open space easements on appeal, along with an analysis of the cost, to the Legislature; and Whereas, The Department of Agriculture has received an application for a designated open space easement located in Edenville Township, Midland County; and Whereas, The Legislature has reviewed the application and analysis and determined that the land in question qualifies and that it is in the interest of the state of Michigan to enter into said easement; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we hereby approve the following designated open space land application submitted by the Department of Agriculture: Name Location Size Cost Proposed Term Marilyn Garrison Edenville Township 33.5 Acres Zero Ten years Midland County Section 10 T16N R1W ; and be it further Resolved, That copies of this resolution be transmitted to the Department of Agriculture. 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, a majority of the members serving voting therefor. Senators Gleason and Hardiman were named co‑sponsors of the concurrent resolution. 1580 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills

Senator Switalski introduced Senate Bill No. 1503, entitled A bill to regulate commercial dog and cat breeders; to provide for licensing of commercial dog and cat breeders; to prescribe civil sanctions and provide penalties; and to provide for the disposition of civil fines. The bill was read a first and second time by title and referred to the Committee on Agriculture and Bioeconomy.

Senator Switalski introduced Senate Bill No. 1504, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2236, 2242, 3606, and 4430 (MCL 500.2236, 500.2242, 500.3606, and 500.4430), section 2236 as amended by 2002 PA 664, sections 2242 and 3606 as amended by 1990 PA 305, and section 4430 as amended by 1993 PA 349. The bill was read a first and second time by title and referred to the Committee on Economic Development and Regulatory Reform.

Senator Van Woerkom introduced Senate Bill No. 1505, entitled A bill to provide for the imposition of certain sanctions for falsely selling certain farm products. The bill was read a first and second time by title and referred to the Committee on Agriculture and Bioeconomy.

Senators Van Woerkom and Barcia introduced Senate Bill No. 1506, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11506 (MCL 324.11506), as amended by 2007 PA 212. The bill was read a first and second time by title and referred to the Committee on Agriculture and Bioeconomy.

Senator Hunter introduced Senate Bill No. 1507, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498. The bill was read a first and second time by title and referred to the Committee on Commerce and Tourism.

Senator Hunter introduced Senate Bill No. 1508, entitled A bill to amend 1995 PA 30, entitled “Electric transmission line certification act,” by amending sections 7 and 8 (MCL 460.567 and 460.568), as amended by 2004 PA 198, and by adding section 5a. The bill was read a first and second time by title and referred to the Committee on Energy Policy and Public Utilities.

House Bill No. 6374, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 2009 (MCL 339.2009), as amended by 1988 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 Economic Development and Regulatory Reform. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1581

By unanimous consent the Senate returned to the order of Motions and Communications

Senator Cropsey moved that the Committee on Government Operations be discharged from further consideration of the following appointments: Commission for the Blind Mr. Michael S. Geno of 2028 St. Clair Street, Port Huron, Michigan 48060, county of St. Clair, is reappointed to represent blind persons, for a term commencing October 1, 2010 and expiring September 30, 2013. Ms. Margaret Wolfe of 1866 Joseph Street, Ann Arbor, Michigan 48104, county of Washtenaw, is reappointed to represent the general public, for a term commencing October 1, 2010 and expiring September 30, 2013.

Central Michigan University Board of Control Mr. Ronald C. Edmonds of 4901 Warblers Way, Midland, Michigan 48642, county of Midland, succeeding Gail Torreano, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018. Mr. Kevin F. Kelley of 14900 Fox, Redford, Michigan 48239, county of Wayne, succeeding Stephanie Comai, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018.

Ferris State University Board of Control Mr. Edward L. Haynor of 1407 East 78th Street, Newaygo, Michigan 49337, county of Newaygo, succeeding James Haverman, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018. Mr. Larry L. Leatherwood of 812 Canton Drive, Lansing, Michigan 48917, county of Eaton, succeeding R. Thomas Cook, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018.

Michigan Technological University Board of Control Mr. Terry J. Woychowski of 9333 Park Lane, Commerce, Michigan 48382, county of Oakland, succeeding Ruth Reck, whose term will expire December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018. Mr. Russell A. Gronevelt, Jr., of 11648 Paciocco Court, Plymouth, Michigan 48170, county of Wayne, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2018.

Western Michigan University Board of Control Mr. John T. Cakmakci of 11073 East Higley Circle, Schoolcraft, Michigan 49087, county of Kalamazoo, succeeding William Martin, whose term will expire on December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018. Mr. George A. Franklin of 2010 Hudson Street, Kalamazoo, Michigan 49008, county of Kalamazoo, succeeding Kenneth Miller, whose term will expire on December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.

Board of Barber Examiners Mr. Robert D. Morey of 8398 Peninsular Drive, Fenton, Michigan 48430, county of Genesee, succeeding Walter J. Lupu, whose term will expire, is appointed to represent barbers, for a term commencing October 1, 2010 and expires September 30, 2014. Mr. Paul A. Data of 354 East Lyons Street, Schoolcraft, Michigan 49087, county of Kalamazoo, is reappointed to represent barbers, for a term commencing October 1, 2010 and expiring September 30, 2014. Ms. Sherry L. Freeman of 435 South Stoll Road, Lansing, Michigan 48917, county of Eaton, is reappointed to represent barbers, for a term commencing October 1, 2010 and expiring September 30, 2014.

Commission of Agriculture Ms. Audrey M. Herioux, a Democrat, of 2423 17th Road, Bark River, Michigan 49807, county of Delta, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Todd J. Regis, a Democrat, of 2034 Jeffrey Court, Jackson, Michigan 49203, county of Jackson, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2014. 1582 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

Michigan Carrot Committee Mr. Ryan P. Malburg of 936 West Jackson Road, Hart, Michigan 49420, county of Oceana, is reappointed to represent process growers, for a term commencing November 1, 2010 and expiring October 31, 2013. Mr. Richard P. Oomen of 2211 East Minke Road, Hart, Michigan 49420, county of Oceana, is reappointed to represent fresh growers, for a term commencing November 1, 2010 and expiring October 31, 2013.

Michigan Board of Chiropractic Mr. Thomas M. Klapp, D.C., of 5053 Eric Court, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding Patricia A. Odette, whose term will expire, is appointed to represent licensed chiropractors, for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Jeffrey L. Eisman, D.C., of 5958 St. James Drive, West Bloomfield, Michigan 48322, county of Oakland, is reappointed to represent licensed chiropractors, for a term commencing January 1, 2011 and expiring December 31, 2014.

Michigan Board of Cosmetology Mr. Theodore Lakkides of 3941 Lotus Drive, Waterford, Michigan 48329, county of Oakland, is reappointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2014. Ms. Kathryn W. Spiller of 5665 Lessandro Street, Saginaw, Michigan 48603, county of Saginaw, is reappointed to represent licensed cosmetologists, for a term commencing January 1, 2011 and expiring December 31, 2014.

Data Collection Agency Governing Board Mr. John W. Schrock of 1042 West Colonial Park Drive, Grand Ledge, Michigan 48837, county of Eaton, is reappointed to represent the executive branch of state government, for a term commencing January 1, 2011 and expiring December 31, 2011.

Michigan Board of Psychology Mr. Christopher J. Flores of 1502 Brookwood Avenue, Flint, Michigan 48503, county of Genesee, is reappointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. James A. Gualdoni of 2370 Ventura Drive, Wolverine Lake, Michigan 48390, county of Oakland, is reappointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2014.

Civil Rights Commission Mr. Eliya “Louie” Boji, a Republican, of 3752 Erie Drive, Orchard Lake, Michigan 48324, county of Oakland, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Jared I. Rodriguez, a Republican, of 113 Parkers Drive, Portland, Michigan 48875, county of Ionia, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2014.

Investment Advisory Committee Mr. Glenn P. Murray of 31275 Bingham Road, Bingham Farms, Michigan 48025, county of Oakland, is reappointed to represent the general public, for a term commencing December 16, 2010 and expiring December 15, 2013.

Michigan Gaming Control Board The Honorable Kenneth N. Sanborn, a Republican, of 16971 Crystal Drive, Macomb, Michigan 48042, county of Macomb, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2014.

State Boundary Commission Ms. Ruth Ann Jamnick of 7776 Lake Crest Drive, Ypsilanti, Michigan 48197, county of Washtenaw, is reappointed as a state member, for a term commencing November 16, 2010 and expiring November 15, 2013.

Michigan Education Trust Board of Directors Ms. Barbara A. Klocko of 1752 South Five Lakes Road, Attica, Michigan 48412, county of Lapeer, is reappointed to represent persons with knowledge, skills, and experience in the academic, business, or financial fields, for a term commencing January 1, 2011 and expiring December 31, 2013.

Crime Victim Services Commission Mr. Ralph J. Mason, an Independent, of 4727 Raintree Drive S.E., Kentwood, Michigan 49512, county of Kent, is reappointed to represent peace officers, for a term commencing September 28, 2010 and expiring September 27, 2013. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1583

Disability Concerns Commission Ms. Jane P. MacFarlane of 510 North Rochester Road, Apt. 102, Clawson, Michigan 48017, county of Oakland, is reappointed for a term commencing December 1, 2010 and expiring November 30, 2014. Ms. Dana S. Parker of 1267 Webster Street, Birmingham, Michigan 48009, county of Oakland, is reappointed for a term commencing December 1, 2010 and expiring November 30, 2014. Mr. Brian F. Sheridan of 6612 Park Valley Drive, Clarkston, Michigan 48348, county of Oakland, is reappointed for a term commencing December 1, 2010 and expiring November 30, 2014.

Michigan Soybean Marketing Program Committee Mr. Benjamin R. Chaffin of 3239 West St. Charles Road, Ithaca, Michigan 48847, county of Gratiot, is reappointed to represent District 7 growers, for a term commencing September 24, 2010 and expiring September 23, 2013. Mr. George J. Zmitko of 5105 West Mason Road, Owosso, Michigan 48867, county of Shiawassee, is reappointed to represent District 6 growers, for a term commencing September 24, 2010 and expiring September 23, 2013.

Michigan Board of Occupational Therapists Ms. Britt R. Lenfield, OTR, of 400 Haskins Court, S.E., Ada, Michigan 49301, county of Kent, is reappointed to represent occupational therapists, for a term commencing January 1, 2011 and expiring December 31, 2014.

Michigan Board of Speech Language Pathology Ms. Brit Austin of 1256 Poppy Hill Drive, Oxford, Michigan 48371, county of Oakland, is reappointed to represent professionals, for a term commencing January 1, 2011 and expiring December 31, 2014. Ms. Frances E. Eldis, Ph.D., of 8855 Riverdale, Redford, Michigan 48239, county of Wayne, is reappointed to represent professionals, for a term commencing January 1, 2011 and expiring December 31, 2014.

Michigan Board of Veterinary Medicine Ms. Michelle Kopcha, D.V.M., of 460 Piper Road, Haslett, Michigan 48840, county of Ingham, is reappointed to represent veterinarians, for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Christopher J. Rohwer, D.V.M., of 6024 Texas Drive, Kalamazoo, Michigan 49009, county of Kalamazoo, is reappointed to represent veterinarians, for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Henry M. Vaupel, D.V.M., of 2187 Fowlerville Road, P.O. Box 363, Fowlerville, Michigan 48836, county of Livingston, is reappointed to represent veterinarians, for a term commencing January 1, 2011 and expiring December 31, 2014.

Michigan Board of Osteopathic Medicine and Surgery Mr. William C. Cunningham, D.O., of 1100 Cambridge S.E., Grand Rapids, Michigan 49506, county of Kent, is reappointed to represent physicians, for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Dennis W. Dobritt, D.O., of 4572 Walden Drive, Bloomfield Hills, Michigan 48301, county of Oakland, is reappointed to represent physicians, for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Charles E. Kelly, D.O., of 1315 Pine Drive, Ortonville, Michigan 48462, county of Oakland, is reappointed to represent physicians, for a term commencing January 1, 2011 and expiring December 31, 2014. Ms. Sylvia G. Mustonen, D.O., of 10352 Compton Drive, South Haven, Michigan 49090, county of Van Buren, is reappointed to represent physicians, for a term commencing January 1, 2011 and expiring December 31, 2014.

Michigan Board of Medicine Mr. Nathaniel Smith-Tyge of 3 Park Place West, Allen Park, Michigan 48101, county of Wayne, is reappointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2014.

Michigan Dairy Marketing Program Committee Mr. Eric J. Frahm of 1520 Frahm Road, Frankenmuth, Michigan 48734, county of Saginaw, is reappointed to represent the Michigan Milk Producers Association, for a term commencing January 1, 2011 and expiring December 31, 2013. Mr. David M. Lott of 1655 North Meridian Road, Mason, Michigan 48854, county of Ingham, is reappointed to represent the Michigan Milk Producers Association, for a term commencing January 1, 2011 and expiring December 31, 2013.

Mr. Mark McDaniel of 1057 Cambria Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Abby Dart, whose term will expire, is appointed to represent parents, for a term commencing December 20, 2010 and expiring December 19, 2013. Father James M. Williams of 1203 Wenniway Drive, Mackinaw City, Michigan 49701, county of Emmet, succeeding Scott Stevenson, whose term will expire, is appointed to represent the religious community, for a term commencing December 20, 2010 and expiring December 19, 2013. Ms. Shirley Mann Gray of 5399 West Bloomfield Lake Road, West Bloomfield, Michigan 48323, county of Oakland, is reappointed to represent professional providers of child abuse and neglect prevention services, for a term commencing December 20, 2010 and expiring December 19, 2013. Ms. Cynthia K. Williams of 844 Pebblebrook Lane, East Lansing, Michigan 48823, county of Ingham, is reappointed to represent the legal community, for a term commencing December 20, 2010 and expiring December 19, 2013.

Hispanic/Latino Commission Mr. Ricardo D. Garcia of 5575 Canoga Lane, Haslett, Michigan 48840, county of Ingham, is reappointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2013. Mr. Leonard A. Savala III of 3525 Callihan Court, Lansing, Michigan 48910, county of Ingham, is reappointed to represent the general public, for a term commencing December 11, 2010 and expiring December 10, 2013.

Barrier Free Design Board Mr. Richard O. Brunvand of 360 Brockway Avenue, South Haven, Michigan 49090, county of Van Buren, is reappointed to represent severely mobility limited persons, for a term commencing November 1, 2010 and expiring October 31, 2013. Mr. Joseph B. Shelton, Jr., of 24351 Morton Street, Oak Park, Michigan 48237, county of Oakland, is reappointed to represent the construction industry, for a term commencing November 1, 2010 and expiring October 31, 2013.

Northern Michigan University Board of Control Mr. Larry C. Inman of 8971 Crockett, Williamsburg, Michigan 49690, county of Grand Traverse, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2018. Mr. Douglas B. Roberts, Ph.D., of 1853 Northgate Drive, East Lansing, Michigan 48823, county of Ingham, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2018.

Grand Valley State University Board of Control Mr. Douglas W. Crim of 16711 Peacock Lane, Haslett, Michigan 48840, county of Clinton, succeeding Lucille Taylor, whose term will expire, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018. Ms. Mary L. Kramer of 8162 East Jefferson Avenue, Unit 1A, Detroit, Michigan 48214, county of Wayne, succeeding Dorothy Johnson, whose term will expire, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.

Domestic Violence Prevention and Treatment Board Ms. Shirley Mann Gray of 5399 West Bloomfield Lake Road, West Bloomfield, Michigan 48323, county of Oakland, is reappointed to represent persons with experience in an area related to the problems of domestic violence, for a term commencing October 1, 2010 and expiring September 30, 2013. The Honorable Nathaniel C. Perry, III, of 3102 Circle Drive, Flint, Michigan 48507, county of Genesee, is reappointed to represent persons with experience in an area related to the problems of domestic violence, for a term commencing October 1, 2010 and expiring September 30, 2013. Ms. Kym L. Worthy of 1441 St. Antoine Street, Detroit, Michigan 48226, county of Wayne, is reappointed to represent persons with experience in an area related to the problems of domestic violence, for a term commencing October 1, 2010 and expiring September 30, 2013.

Firefighters Training Council Mr. Randal J. Agruda of 3879 Pleasant Ridge Drive, Williamsburg, Michigan 49690, county of Grand Traverse, is reappointed from a list submitted by the Michigan Townships Association and the Michigan Municipal League, for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Timothy A. James of 458 South Main Street, Vermontville, Michigan 49096, county of Eaton, is reappointed from a list submitted by the Michigan Association of Fire Chiefs, for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. Clifford A. Messing of 8826 East Huron Line Road, Ruth, Michigan 48470, county of Sanilac, is reappointed from a list submitted by the Michigan State Firemen’s Association, for a term commencing January 1, 2011 and expiring December 31, 2014. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1585

Michigan Commission on Law Enforcement Standards Mr. Ronald J. Bretz of 3521 Delta River Drive, Lansing, Michigan 48906, county of Ingham, is reappointed to represent individuals submitted by the Criminal Defense Attorneys of Michigan, for a term commencing November 2, 2010 and expiring November 1, 2014. Mr. James D. Bosscher of 8252 West Falmouth Road, McBain, Michigan 49657, county of Missaukee, is reappointed to represent elected Sheriffs submitted by the Michigan Sheriffs’ Association, for a term commencing November 2, 2010 and expiring November 1, 2014. Mr. David L. Morse of 1752 Town Commons Drive, Howell, Michigan 48855, county of Livingston, is reappointed to represent individuals submitted by the Prosecuting Attorneys Association of Michigan, for a term commencing November 2, 2010 and expiring November 1, 2014. Ms. Doreen E. Olko of 3874 HiDale Drive, Lake Orion, Michigan 48360, county of Oakland, is reappointed to represent individuals submitted by the Michigan Association of Chiefs of Police, for a term commencing November 2, 2010 and expiring November 1, 2014. Mr. Richard R. Weiler of 2521 Foxhill Drive, Sterling Heights, Michigan 48310, county of Macomb, is reappointed to represent individuals nominated by the Police Officers Labor Council of Michigan, for a term commencing November 2, 2010 and expiring November 1, 2014.

Natural Resources Commission Mr. John M. Madigan, a Republican, of 831 West Munising Avenue, Munising, Michigan 49862, county of Alger, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2014. Mr. James R. Richardson, a Republican, of 36658 McGuire Road, Ontonagon, Michigan 49953, county of Ontonagon, is reappointed for a term commencing January 1, 2011 and expiring December 31, 2014.

Michigan Natural Resources Trust Fund Board Ms. Lisa K. Wozniak of 1018 North Congress Street, Ypsilanti, Michigan 48197, county of Washtenaw, succeeding Dennis Muchmore, whose term will expire, is appointed for a term commencing October 2, 2010 and expiring October 1, 2014.

Michigan State Waterways Commission Mr. Brian T. Arp of 30255 White Street, Gibraltar, Michigan 48173, county of Wayne, succeeding Michael Bryanton, whose term will expire, is appointed for a term commencing September 19, 2010 and expiring September 18, 2013. Mr. Glen Dennis Bailey of 30024 East Maxton, Drummond Island, Michigan 49726, county of Chippewa, is reappointed to represent persons residing north of townline 16 in the Upper Peninsula and individuals who own or operate a harbor or marina, for a term commencing September 19, 2010 and expiring September 18, 2013.

Board of Mechanical Rules Mr. Patrick M. Maher of 1978 South Long Lake Road, Traverse City, Michigan 49684, county of Grand Traverse, is reappointed to represent HVAC equipment contractors, for a term commencing October 2, 2010 and expiring October 1, 2012. The motion prevailed, a majority of the members serving voting therefor, and the appointments were placed on the order of Messages from the Governor.

Messages from the Governor

Senator Cropsey moved that consideration of the following bill be postponed for today: Senate Bill No. 1163 The motion prevailed.

Commission for the Blind Mr. Michael S. Geno of 2028 St. Clair Street, Port Huron, Michigan 48060, county of St. Clair, is reappointed to represent blind persons, for a term commencing October 1, 2010 and expiring September 30, 2013. Ms. Margaret Wolfe of 1866 Joseph Street, Ann Arbor, Michigan 48104, county of Washtenaw, is reappointed to represent the general public, for a term commencing October 1, 2010 and expiring September 30, 2013.

Mr. Kevin F. Kelley of 14900 Fox, Redford, Michigan 48239, county of Wayne, succeeding Stephanie Comai, whose term will expire December 31, 2010, is appointed to represent the general public, for a term commencing January 1, 2011 and expiring December 31, 2018.

State Child Abuse and Neglect Prevention Board Mr. John H. Brown of 7879 Old Elm Court, Ada, Michigan 49301, county of Kent, succeeding Tamara Vander Ark, whose term will expire, is appointed to represent the private sector, for a term commencing December 20, 2010 and expiring December 19, 2013. Mr. Mark McDaniel of 1057 Cambria Drive, East Lansing, Michigan 48823, county of Ingham, succeeding Abby Dart, whose term will expire, is appointed to represent parents, for a term commencing December 20, 2010 and expiring December 19, 2013. Father James M. Williams of 1203 Wenniway Drive, Mackinaw City, Michigan 49701, county of Emmet, succeeding Scott Stevenson, whose term will expire, is appointed to represent the religious community, for a term commencing December 20, 2010 and expiring December 19, 2013. Ms. Shirley Mann Gray of 5399 West Bloomfield Lake Road, West Bloomfield, Michigan 48323, county of Oakland, is reappointed to represent professional providers of child abuse and neglect prevention services, for a term commencing December 20, 2010 and expiring December 19, 2013. Ms. Cynthia K. Williams of 844 Pebblebrook Lane, East Lansing, Michigan 48823, county of Ingham, is reappointed to represent the legal community, for a term commencing December 20, 2010 and expiring December 19, 2013.

Board of Mechanical Rules Mr. Patrick M. Maher of 1978 South Long Lake Road, Traverse City, Michigan 49684, county of Grand Traverse, is reappointed to represent HVAC equipment contractors, for a term commencing October 2, 2010 and expiring October 1, 2012. Senator Cropsey moved that the Senate disapprove the appointments en bloc. The question being on the disapproval of the said appointments to office, The Senate disapproved the appointments, a majority of members serving voting therefor, as follows:

Roll Call No. 454 Yeas—20

Allen Cropsey Jelinek Pappageorge Birkholz George Kahn Richardville Bishop Gilbert Kuipers Sanborn Brown Hardiman McManus Stamas Cassis Jansen Nofs Van Woerkom

Nays—16

Anderson Cherry Hunter Prusi Barcia Clark-Coleman Jacobs Scott Basham Clarke Olshove Thomas Brater Gleason Patterson Whitmer

Excused—1

Switalski

Not Voting—1

Garcia

In The Chair: President

Protests

Senators Jacobs, Whitmer and Prusi, under their constitutional right of protest (Art. 4, Sec. 18), protested against the disapproval of the gubernatorial appointments to office. Senators Jacobs and Prusi moved that the statements they made during the discussion of the appointments be printed as their reasons for voting “no.” The motion prevailed. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1591

Senator Jacobs’ statement, in which Senator Whitmer concurred, is as follows: I really rise with a heavy heart today. You know, about a year ago, I bought my gold ring which has the Michigan Legislature emblem on it. I was so proud to be able to wear this ring. There are so few of us who will actually have the opportunity to wear them. Then we fast forward to a day that mimics some things that happened a couple of months ago. It makes me very sad to see partisan politics that are being injected at a time when Michigan is hurting so much, when we should be balancing the budget. Now I look back to May 6, 2010, when the Livingston Daily had an opinion editorial written, “Blocking nominees not moving state in positive direction.” Then there was an editorial from the Kalamazoo Gazette editorial board, “Why play politics with university board appointments?” Then we had the Morning Sun, Our View, “Politics got in the way of trustee appointments”; that was Thursday, April 29. The Detroit News, May 1, “Halt political gamesmanship,” and I would like to read—oh, Lansing State Journal, May 4, “Politics played on university appointments.” I would like to read from the June 28 editorial from the Detroit Free Press, “Arbitrary pettiness over appointments.” I am going to read a little bit of this because, unfortunately, today we are faced with exactly the same situation. We are now going to try to block the Governor’s appointments. The editorial reads, “Arbitrary pettiness over appointments. Michigan Senate Majority Leader Mike Bishop, R-Rochester, and his caucus struck another blow for petty partisanship last week when they rejected seven more of Gov. Jennifer Granholm’s appointments to low-level commissions on the novel theory that it’s not too early to start reserving some patronage jobs for a possible Republican successor. The Senate’s latest gratuitous slap at the term-limited governor escalates an intuitional temper tantrum that began two months ago, when the upper house rejected 15 gubernatorial appointments, mostly to university boards. Those appointments were for terms that will begin the day Granholm leaves office, but GOP senators have pledged to block any appointment to posts for terms beginning after Sept. 3.” It goes on to read that “Republican senators have not always been so disdainful of term-limited governors. They permitted Granholm’s predecessor, John Engler, to exercise his constitutional appointment powers even after Granholm was elected. GOP senators also neglected to block five Granholm appointments to the state’s Asian Pacific American Affairs Commission, all for terms beginning after Sept. 3. Bishop’s spokesman called that exception an administrative oversight. The inconsistent application of Bishop’s arbitrary deadline underlines the pettiness of the GOP senators’ position; it bespeaks childishness as much as partisanship. Voters in both parties would be better served by leaders willing to at least mimic the behavior of fully functioning adults.” All I can say is no wonder people in the state want to throw the bums out. When our behavior like this goes back to the people of this state, I think they are going to be very disappointed in what is going to happen on this floor. I am just so sad that I have to get up here and read this kind of stuff as we repeat what I believe is just a huge, huge mistake. This is really doing a huge disservice not only to these qualified people, but to the people of Michigan.

Senator Prusi’s statement is as follows: You know, this is like an encore of just a few months ago, where we’ve disregarded the committee process, where we disregarded the qualifications of these people who are being appointed or reappointed. Some of them, I may point out, were originally appointments by Governor Engler as he was going out the door eight years ago. Taken to its logical extreme, you could get to a point where a Governor in the middle of their term wants to appoint people to boards and commission for a four- or six-year term, and we would say, well, that extends into the term of the potential next Governor, and we should not be doing that. The hypocrisy that is here is just astounding. My colleague from Oakland County pointed out all of the various editorials in the papers from both sides, the more liberal media as well as conservative newspapers, pointing out to their readers the pettiness and the travesty that we continue to put forward. I just object that we disregard the qualifications, and we disregard the committee process. The people have put their names forward for these positions and simply want to do a good job for the people of the state of Michigan. We don’t even give them the courtesy of a committee hearing to see whether or not they are qualified to serve on these boards and commissions. We just in one big lump sum decide that they are not good enough to serve because they are being appointed by a Democratic Governor who has served for two terms, and you are holding off to see how the election turns out. These people are qualified no matter who becomes the Governor in January of next year. I think this is very disappointing that we are going to use partisan political posturing to deny them the opportunity to either begin their service or continue their service to the people of the state of Michigan. I would urge that we not disapprove these appointments en bloc; that we give these people the courtesy of a hearing; that we give them an opportunity to demonstrate that they are qualified. 1592 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

By unanimous consent the Senate proceeded to the order of Statements

Senators Whitmer and Scott asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Whitmer’s statement is as follows: Today I rise to voice concern regarding a recent investigative report by WXYZ-TV in Detroit. According to the report, which aired on September 15, an Assistant Attorney General who helped with Mr. Cox’s last re-election has authored a blog that attacks the character and fitness of the president of the University of Michigan’s student assembly. Sadly ironic, as the Attorney General tours the state educating kids about the dangers of cyberbullying, one of his top lieutenants is a cyberbully. Earlier this year, I introduced a resolution calling for more civility and respect in the political process, and I’m being careful with my words right now because I don’t want to add fuel to the fire by detailing the claims made by WXYZ‑TV, but you should check it out. What this new report raises as much as anything else is the all-too-common issue of cyberbullying. However, it seems clear that the intent of the Assistant Attorney General, when posting to his blog, was to harass, bully, and intimidate the student assembly president. He did this simply because the two men have differing views and beliefs. As one of the five members of the bar in this chamber, I would question the character and fitness of the Assistant Attorney General—any Attorney General—who stoops to such a level because of differences of political opinion. Perhaps he could use a refresher course on professional responsibility. Regardless, I hope that the State Bar of Michigan and the Attorney General himself will review this report and initiate fact-finding or reprimands that are appropriate. That being said, I feel it would be a mistake if I did not take this opportunity to ask that this chamber finally give serious consideration to a package of bills that I have introduced dealing with cyberbullying. There have been numerous tragic reports across the country and several here in Michigan. We have a chance to take this divisive and mean-spirited act and turn it into a learning moment. The world is changing, and technology has become ever-present in the lives of our children. In order to protect them from the dangers of cyberbullying, we need first to educate them. I say, again, I am choosing my words with great care. I am not making this a partisan issue; it is too important for that. Neither party has a monopoly on wanting the best for our children, and as such, I hope that when we get back to work in the fall that we can take a serious look at the issue of cyberbullying. Thankfully, there is no death associated with this unfortunate incident. How many more months will this chamber wait until trying to prevent another tragic ending?

Senator Scott’s statement is as follows: Winston Churchill said, “Criticism may not be agreeable but it is necessary. It fulfills the same function as pain in the human body. It calls attention to an unhealthy state of things.” Michigan is in an unhealthy state when it comes to auto insurance. Because of what we let insurance companies get away with when it comes to policy costs, we make criminals of our citizens who drive without insurance because they need their cars to get to work or pick up their kids. Because of what we let insurance companies get away with, we let citizens who have no debt and are responsible money managers pay high costs for their policies because the companies say they have no credit record, so they must be a credit risk. Because of what we let insurance companies get away with, we have created an unhealthy and unfair state of things that allow people living within walking distance of each other to pay radically different prices for the same kind of car insurance policy. Auto insurance in Michigan deserves to be criticized and is criticized by many citizens, community leaders, and newspaper editors. It is high time that we listened to this criticism, and it is high time that we act and give our citizens fair and affordable auto insurance.

By unanimous consent the Senate returned to the order of Messages from the Governor

Senator Cropsey moved that Senator Sanborn be temporarily excused from the balance of today’s session. The motion prevailed.

Senator Cropsey moved that the Senate disapprove the appointment. The question being on the disapproval of the said appointment to office, The Senate disapproved the appointment, a majority of the members serving voting therefor, as follows:

Roll Call No. 455 Yeas—22

Allen Cropsey Jansen Nofs Barcia Garcia Jelinek Pappageorge Birkholz George Kahn Richardville Bishop Gilbert Kuipers Stamas Brown Hardiman McManus Van Woerkom Cassis Hunter

Nays—12

Anderson Clark-Coleman Jacobs Prusi Brater Clarke Olshove Scott Cherry Gleason Patterson Thomas

Excused—2

Sanborn Switalski

Not Voting—2

Basham Whitmer

In The Chair: President

Senator Whitmer moved to reconsider the vote by which the appointment was disapproved. The motion did not prevail, a majority of the members serving not voting therefor.

Senator Sanborn entered the Senate Chamber.

Senator Sanborn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Sanborn’s statement is as follows: Pursuant to Senate Rule 1.306, I will not vote on the appointment of my father to the Michigan Gaming Control Board, as I believe that voting would represent a potential conflict of interest.

Committee Reports

The Committee on Appropriations reported Senate Bill No. 1484, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 4 and 7 (MCL 800.324 and 800.327), as amended by 1996 PA 537. 1594 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Ron Jelinek Chairperson To Report Out: Yeas: Senators Jelinek, Pappageorge, Hardiman, Cropsey, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott Nays: None The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported Senate Bill No. 1485, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2007 PA 102. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Ron Jelinek Chairperson To Report Out: Yeas: Senators Jelinek, Pappageorge, Hardiman, Cropsey, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott Nays: None The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported House Bill No. 4538, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34a (MCL 791.234a), as added by 2009 PA 107. 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, 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 House Bill No. 5307, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 1b (MCL 400.1b), as amended by 1995 PA 223. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Ron Jelinek Chairperson To Report Out: Yeas: Senators Jelinek, Pappageorge, Hardiman, Garcia, George, Jansen, Brown, McManus, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott Nays: None The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported House Bill No. 5599, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2008 PA 48. No. 78] [September 22, 2010] JOURNAL OF THE SENATE 1595

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, Garcia, George, Jansen, Brown, McManus, 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 Tuesday, September 21, 2010, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Jelinek (C), Pappageorge, Hardiman, Cropsey, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott Excused: Senator Kahn

The Committee on Local, Urban and State Affairs reported Senate Bill No. 1464, entitled A bill to amend 1941 PA 359, entitled “An act for controlling and eradicating certain noxious weeds within the state; to permit townships, villages, and cities to have a lien for expenses incurred in controlling and eradicating such weeds; to permit officials of counties and municipalities to appoint commissioners of noxious weeds; to define the powers, duties, and compensation of commissioners; to provide for sanctions; and to repeal certain acts and parts of acts,” by amending section 2 (MCL 247.62). 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. 5640, entitled A bill to authorize local units of government to adopt property assessed clean energy programs and to create districts to promote the use of renewable energy systems and energy efficiency improvements by owners of real property; to provide for the financing of such programs through voluntary property assessments and other means; to authorize a local unit of government to issue bonds, notes, and other evidences of indebtedness and to pay the cost of renewable energy systems and energy efficiency improvements from the proceeds thereof; to provide for the repayment of bonds, notes, and other evidences of indebtedness; to authorize certain fees; to prescribe the powers and duties of certain governmental officers and entities; and to provide for remedies. 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, 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, September 21, 2010, at 1:00 p.m., Room 110, Farnum Building Present: Senators Van Woerkom (C), Birkholz, Allen, Gleason and Basham 1596 JOURNAL OF THE SENATE [September 22, 2010] [No. 78

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following: Meeting held on Wednesday, September 22, 2010, at 8:35 a.m., Rooms 402 and 403, Capitol Building Present: Senators Cassis (C), Gilbert, Pappageorge, Jacobs and Cherry Excused: Senators Jansen and Whitmer

Scheduled Meetings

Appropriations - Thursday, September 23, 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑6960) Subcommittee - Capital Outlay - Thursday, September 23, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) (CANCELED)

Commerce and Tourism - Thursday, September 23, 9:00 a.m., Room 100, Farnum Building (373-2413)

Conference Committees - Higher Education (SB 1157) - Thursday, September 23, 9:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services (HB 5882) - Thursday, September 23, 8:50 a.m., Room 428, Capitol Building (373-8080) Natural Resources and Environment (SB 1161) - Thursday, September 23, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation (HB 5889) - Thursday, September 23, 8:30 a.m., Room 424, Capitol Building (373-8080)

Education - Thursday, September 23, 2:30 p.m., Room 210, Farnum Building (373-6920)

Senate Fiscal Agency Board of Governors - Thursday, September 23, 9:00 a.m., Room S-101, Capitol Building (373‑5300)

Senator Cropsey moved that the Senate adjourn. The motion prevailed, the time being 1:37 p.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Thursday, September 23, 2010, at 10:00 a.m.

CAROL MOREY VIVENTI Secretary of the Senate