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.