No. 60 STATE OF MICHIGAN Journal of the Senate 95th Legislature REGULAR SESSION OF 2009 Senate Chamber, Lansing, Wednesday, July 15, 2009. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Randy Richardville The roll was called by the Secretary of the Senate, who announced that a quorum was present. Allen—present Garcia—present Olshove—present Anderson—present George—present Pappageorge—present Barcia—present Gilbert—present Patterson—present Basham—present Gleason—present Prusi—present Birkholz—present Hardiman—present Richardville—present Bishop—present Hunter—present Sanborn—present Brater—excused 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 1202 JOURNAL OF THE SENATE [July 15, 2009] [No. 60 Senator Gerald Van Woerkom of the 34th District offered the following invocation: Heavenly Father, we come to You to offer praise and honor to Your name. We are grateful that You are our God, we are grateful that You watch over us, and we are grateful that You bless us. We pray that You will continue to look upon us with Your favor. We pray that You will grant us wisdom as we make decision here in this body today. We pray that You will give us a sense of vision for what we ought to do for the people of our state. We are making some very difficult choices over the next couple of weeks and, Lord, we pray that You will help us to put forth good priorities so that people who need special care within our state might be provided for. Lord, we pray that You will guide and direct us. In Your most holy name. Amen. The President pro tempore, Senator Richardville, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Clark-Coleman, Bishop, McManus and Pappageorge entered the Senate Chamber. Senator Cropsey moved that when the Senate adjourns today, it stand adjourned until Wednesday, July 22; when it adjourns on Wednesday, July 22, it stand adjourned until Wednesday, August 5; and when it adjourns on Wednesday, August 5, it stand adjourned until Tuesday, August 18. The motion prevailed. Senator Thomas moved that Senators Hunter and Barcia be temporarily excused from today’s session. The motion prevailed. Senator Thomas moved that Senator Brater be excused from today’s session. The motion prevailed. Recess Senator Cropsey moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 10:05 a.m. 11:32 a.m. The Senate was called to order by the President, Lieutenant Governor Cherry. During the recess, Senators Hardiman, Gleason, Birkholz, Stamas, Barcia, Hunter, George and Jansen entered the Senate Chamber. The following communications were received and read: Office of the Majority Leader June 26, 2009 Pursuant to PA 72 of 1990 (MCL 141.1213), I am nominating Mr. James R. DeSana, 514 Oak, #6, Wyandotte, Michigan 48192 for the local financial management review team for the City of Ecorse. If you have any questions, please contact Bill Sullivan in my office. Thank you. June 30, 2009 Pursuant to PA 549 of 2008, I am making the following appointment to the Lansing School District Promise Zone Authority Board: Ms. Linda Lee Tarver, 3414 S. Deerfield Avenue, Lansing, Michigan 48911. If you have any questions, please feel free to contact Bill Sullivan in my office at 517-373-2417. No. 60] [July 15, 2009] JOURNAL OF THE SENATE 1203 July 15, 2009 Pursuant to PA 549 of 2008, I am making the following appointment to the Muskegon Area Intermediate School District Promise Zone Authority Board: Mr. Stephen Olsen, 820 Oakmere Place, North Muskegon, Michigan 49445. If you have any questions, please feel free to contact Bill Sullivan in my office at 517-373-2417. Sincerely, Michael D. Bishop Senate Majority Leader The communications were referred to the Secretary for record. The Secretary announced that the Majority Leader has made the appointment of the following standing committee: Appropriations - Senator Garcia replacing Senator Gilbert. The standing committee appointment was approved, a majority of the members serving voting therefor. The following communications were received and read: Office of the Auditor General June 26, 2009 Enclosed is a copy of the following audit report: Financial audit, including the provisions of the Single Audit Act, of the Michigan Department of Agriculture for the period October 1, 2006 through September 30, 2008. June 26, 2009 Enclosed is a copy of the following audit report: Financial audit, including the provisions of the Single Audit Act, of the Department of Labor and Economic Growth (DLEG) for the period October 1, 2006 through September 30, 2008. June 30, 2009 Enclosed is a copy of the following audit report: Financial audit, including the provisions of the Single Audit Act, of the Department of History, Arts, and Libraries for the period October 1, 2006 through September 30, 2008. June 30, 2009 Enclosed is a copy of the following audit report: Financial audit, including the provisions of the Single Audit Act, of the Michigan Department of Transportation for the period October 1, 2006 through September 30, 2008. Sincerely, Thomas H. McTavish, C.P.A. Auditor General The audit reports were referred to the Committee on Government Operations and Reform. The following communication was received and read: Office of the Auditor General July 1, 2009 Enclosed for your records is a copy of the executed engagement contract for the financial audit of the Michigan Legis- lature for the fiscal years ending September 30, 2009 and September 30, 2010. If you have questions about your contract, please contact me. Sincerely, Thomas H. McTavish, C.P.A. Auditor General The communication was referred to the Secretary for record. The following communication was received: Office of Children’s Ombudsman May 2009 In accordance with my statutory responsibility as the Children’s Ombudsman, I respectfully submit the 2007/2008 Annual Report. 1204 JOURNAL OF THE SENATE [July 15, 2009] [No. 60 This report provides an overview of the activities of the Office of Children’s Ombudsman from October 1, 2007 to September 30, 2008, and an analysis of the complaints received and investigated. In addition to the analysis there are recommendations for positive change in the child welfare system to improve outcomes for children. This year, the report includes an expanded section specifically focused on child death investigations. The Office of Children’s Ombudsman appreciates the leadership and support of Governor Granholm, the Michigan Legislature, and the Department of Human Services. Thank you for the opportunity to serve the children of Michigan. Respectfully, Verlie M. Ruffin Children’s Ombudsman The communication was referred to the Secretary for record. The following communications were received: Department of State Administrative Rules Notices of Filing June 12, 2009 In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor, and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-047-SR (Secretary of State Filing #09-06-01) on this date at 10:21 a.m. for the Department of Energy, Labor, and Economic Growth, entitled “State Police Retirement Board - General Hearing Rules.” These rules become effective upon filing with the Secretary of the State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. June 12, 2009 In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor, and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2007-063-LG (Secretary of State Filing #09-06-02) on this date at 10:23 a.m. for the Department of Energy, Labor, and Economic Growth, entitled “Fire Inspector Certification.” These rules become effective 60 days after filing. June 25, 2009 In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor, and Economic Growth and the State Office of Administrative Hearings and Rules filed Administrative Rule #2009-024-LG (Secretary of State Filing #09-06-03) on this date at 10:59 a.m. for the Department of Energy, Labor, and Economic Growth, entitled “On-Premises Licenses.” These rules become effective 7 days after filing with the Secretary of State. June 30, 2009 In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of State Police and the State Office of Administrative Hearings and Rules filed Administrative Rule #2008-035-SP (Secretary of State Filing #09-06-04) on this date at 11:24 a.m. for the Department of State Police, entitled “Criminal Justice Information Systems.” These rules become effective 7 days after filing with the Secretary of State. June 30, 2009 In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Energy, Labor, and Economic Growth and the No.