[nfbmi-talk] journal of senat june 22 2010 rejects wolf and geno

Mon Jun 28 17:18:26 UTC 2010

I submit the following in full it not only goes into the rejection of Wolfe and Geno to the MCB Board, but also goes to the fact that most legislators on both sides of the Isle really don't know much or care much about the Commission For those protesting the rejections to various commissions didn't even mention MCB in their protests.

Regardless to this analysis and the fact that these were purely partisan decisions I think it would be useful for us as an organization and for individuals to approach the Senate about the actual performance of Commissioners Wolfe and Geno. In other words this isn't a partisan issue in my mind or even totally an NFB issue, but rather how have these Commissioners discharged their fiduciary and legal responsabilities?

Clearly they have violated the Open Meetings Act, and aided and abetted violations of the FOIA. But more importantly they have persistently been and displayed fundamental ignorance about their responsabilities under both Public Act 260 and the Rehabilitation Act of 1973. And both have demonstrated a total lack of over sight of the commission and its Director, let alone their responsabilities to hold him and it accountable to state and federal laws.

Sincerely,

Joe

Attached with url:
http://www.legislature.mi.gov/(S(4jwwinfjsuweldawtpo2y0mj))/documents/2009-2010/Journal/Senate/htm/2010-SJ-06-22-059.htm

No. 59

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Tuesday, June 22, 2010.

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—excused 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—excused Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present Nofs—present

Reverends Darryl and Felicia Easley of Conventional Baptist Church of Detroit offered the following invocation:

The Bible says in 1 Corinthians 13:13: “Faith, hope and charity, but the greatest of these is charity.” We are to walk in charity daily with each other

and love on one another.

Dear Heavenly Father, who can do exceedingly and abundantly above all that we can ask or think, Father, we ask You in this house of decision-making and

that Your presence would be in this house. We give authority to You in every decision, and we ask that unity would be in this house. Father, we ask You

for divine order, and we ask for Your Spirit to remain in this house of decision.

For our Governor, Father, we call Your Spirit to rise up in her. You said that if Your people would humble themselves before You that You would heal our

land. We thank You that You would heal this land; You will create great opportunities again for Michigan, that we would be global again, and that You would

cause our cities, states, and communities to rise up at this hour.

We give You glory, honor, and praise. In Jesus’ 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 Kahn, Bishop, Kuipers, Garcia, Jansen and Birkholz entered the Senate Chamber.

Senator Thomas moved that Senators Hunter and Clark-Coleman be excused from today’s session.

The motion prevailed.

The following communications were received and read:

Office of the Auditor General

June 15, 2010

Enclosed is a copy of the following audit report:

Financial audit, including the provision of the Single Audit Act, of the Department of Corrections for the period October 1, 2007 through September 30,

2009.

June 15, 2010

Enclosed is a copy of the following audit report:

Performance audit of Data Privacy, Department of Technology, Management, and Budget.

Auditor General

The audit reports were 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 10:07 a.m.

11:42 a.m.

The Senate was called to order by the President pro tempore, Senator Richardville.

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 Ste. 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.

Michigan Board of Auctioneers

Ms. Gwyneth E. Besner of 3651 Bunker Hill Road, #328, Acme, Michigan 49610, county of Grand Traverse, is reappointed to represent registered auctioneers,

for a term commencing October 2, 2010 and expiring October 1, 2014.

Mr. Michael J. Ferency of 1515 East Maple Rapids Road, St. Johns, Michigan 48879, county of Clinton, is reappointed to represent the general public, for

a term commencing October 2, 2010 and expiring October 1, 2014.

Domestic Violence Prevention and Treatment Board

Ms. Shirley Mann Gray of 5399 West Bloomfield Lake Road, West Bloomfield, Michigan 48323, county of Oakland, succeeding Princella E. Graham, who has resigned,

is appointed to represent persons with experience in an area related to the problems of domestic violence, for a term commencing February 25, 2010 and

expiring September 30, 2010.

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.

The motion prevailed, a majority of the members serving voting therefor, and the appointments were placed on the order of Messages from the Governor.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 17:

House Bill Nos. 4619 5187 5193 5957

The Secretary announced the enrollment printing and presentation to the Governor on Friday, June 18, for her approval the following bills:

Enrolled Senate Bill No. 115 at 2:34 p.m.

Enrolled Senate Bill No. 726 at 2:36 p.m.

Enrolled Senate Bill No. 1117 at 2:38 p.m.

Enrolled Senate Bill No. 928 at 2:40 p.m.

Enrolled Senate Bill No. 325 at 2:42 p.m.

The Secretary announced that the following official bills and joint resolution were printed on Thursday, June 17, and are available at the legislative website:

Senate Bill Nos. 1390 1391 1392 1393 1394 1395

House Bill Nos. 6266 6267 6268 6269

House Joint Resolution GGG

The Secretary announced that the following official bills were printed on Friday, June 18, and are available at the legislative website:

House Bill Nos. 6270 6271 6272 6273

Messages from the Governor

The following message from the Governor was received:

Date: June 21, 2010

Time: 3:12 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 928 (Public Act No. 92), being

An act to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; and to provide

for the expenditure of the appropriations.

(Filed with the Secretary of State on June 21, 2010, at 3:22 p.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following message from the Governor was received and read:

June 17, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office

Section 213 of the Worker’s Disability Compensation Act of 1969, 1969 PA 317, MCL 418.213 and Executive Order 2003-18, MCL 445.2011:

Worker’s Compensation Board of Magistrates

Mr. Kenneth A. Birch of 4777 Wilcox Road, Holt, Michigan 48842, county of Ingham, succeeding the late Michael Harris, is appointed for a term commencing

June 21, 2010 and expiring January 26, 2013.

Sincerely,

Jennifer M. Granholm

Governor

The appointment was referred to the Committee on Government Operations.

Commission for the Blind

Mr. Michael S. Geno of 2028 Ste. 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.

Michigan Board of Auctioneers

Ms. Gwyneth E. Besner of 3651 Bunker Hill Road, #328, Acme, Michigan 49610, county of Grand Traverse, is reappointed to represent registered auctioneers,

for a term commencing October 2, 2010 and expiring October 1, 2014.

Mr. Michael J. Ferency of 1515 East Maple Rapids Road, St. Johns, Michigan 48879, county of Clinton, is reappointed to represent the general public, for

a term commencing October 2, 2010 and expiring October 1, 2014.

Domestic Violence Prevention and Treatment Board

Ms. Shirley Mann Gray of 5399 West Bloomfield Lake Road, West Bloomfield, Michigan 48323, county of Oakland, succeeding Princella E. Graham, who has resigned,

is appointed to represent persons with experience in an area related to the problems of domestic violence, for a term commencing February 25, 2010 and

expiring September 30, 2010.

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.

Senator Cropsey moved that the appointments be considered en bloc.

The motion prevailed.

Senator Cropsey moved that the Senate disapprove the appointments,

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. 315 Yeas—20

Allen Cropsey Jelinek Pappageorge

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Nofs Van Woerkom

Nays—15

Anderson Cherry Olshove Switalski

Barcia Clarke Patterson Thomas

Basham Gleason Prusi Whitmer

Brater Jacobs Scott

Excused—2

Clark-Coleman Hunter

Not Voting—1

Garcia

In The Chair: Richardville

Protests

Senators Prusi, Jacobs, Whitmer, Cherry and Scott, under their constitutional right of protest (Art. 4, Sec. 18), protested against the disapproval of the

gubernatorial appointments to office.

Senators Prusi, Jacobs, Cherry and Scott moved that the statements they made during the discussion of the appointments be printed as their reasons for voting

“no.”

The motion prevailed.

Senator Prusi’s statement is as follows:

Again, we are going down a partisan path. We have a lot of issues before us remaining this summer, but we want to get these last few weeks before the July

4 break set to a good tone. This is a totally partisan bickering tone.

We are being asked to disapprove of people who have never had a hearing. Some of them have just been reappointed to very important commissions and boards

that we ask people to step forward and serve the state of Michigan. Yet we will not even give them the courtesy of convening a committee meeting to ask

them questions regarding their qualifications or to send recommendation to the Committee on Government Operations.

I am a ranking member on this committee, but we have not met in the 18 months that I have been a member. I think that does a disservice to the people we

ask to step forward and be appointed to these commissions and make decisions on vital issues—the Commission for the Blind and domestic violence prevention.

These are people who give of themselves at significant costs to themselves to come forward and be a part of our government, and we will not even give them

the courtesy of giving them a hearing to discuss their qualifications. I think that is a crying shame, demonstrating once again how partisan this process

has become.

Let’s at least give these people the opportunity to come and discuss their qualifications to serve on these boards in front of a committee and go through

the process, instead of discharging their appointments and voting on them all at once so you don’t have to take the time to listen to us talk about each

individual who is being rejected here. We need to start taking a little more time and effort and a little more in-depth look at these things, rather than

just throwing them out as a partisan, political ploy to stick your thumb in the Governor’s eye over these appointments.

I don’t think it serves this body well to go down this path. We have a lot of significant issues in front of us, and to start with something like this is

a shame.

Senator Jacobs’ statement, in which Senator Whitmer concurred, is as follows:

I am up here bewildered and angry at what we are about to vote on. I sort of don’t get this. First of all, it appears that the Senate majority has confirmed

the reappointments to the Asian Pacific American Affairs Commission, which those terms will begin December 1, 2010. Yet they have chosen to pick out others—Commission

for the Blind, the Board of Auctioneers, and most importantly for me, the Domestic Violence Prevention and Treatment Board. By rejecting these reappointments

and appointments, they put all of these commissions at risk for not having a quorum.

We know—those of us who are involved with social service’s both Appropriations and policy that in bad economic times like we have in Michigan, the incidence

of domestic violence in Michigan increases. Those statistics hold true for this state. Why are we, why is the majority party, putting women at risk? It

is mostly women who are victims of domestic abuse.

To me, this is an abuse of power that the majority party has, and I am truly outraged at this. We have a lot of problems to fix, folks, and this certainly

is not one that we ought to be fooling around with. I am just so outraged that this is going on when there are so many more important things for us to

be worrying about before we break in July.

So I truly question the ethics of doing this, but more importantly, this continues to undermine this institution. If and when things turn around in this

state, and if the Democrats are sitting in the majority, is this the way you want people to be treated in this state? If things turn around and there is

a Republican Governor, is this how you want the minority party to treat your appointments? I’ve used this expression a million times: Don’t spit in the

water because someday you may have to drink it.

This is another example of are you sure this is the precedent that you want to set for this institution? So I stand here ready to vote “no” on this because

I find it to be an outrageous abuse of power.

Senator Cherry’s statement is as follows:

The business of these boards will be in jeopardy without these appointments because we will be cutting the number of people who will be serving, and it

could have an impact on a quorum. It makes no sense to do this. These are people who are highly-qualified for their position. I know two people on the

Domestic Violence Prevention and Treatment Board, one very well, and that is Judge Nathan Perry from Genesee County. He has given his time to do this job

in which we should be honoring. Again, let me say that we should be honoring these people who give of their time to work on problems that impact so many

of our Michigan citizens, and instead, whether you say it is personal or not, you are disrespecting them by disapproving of their appointments and their

willingness to serve this state.

The ones dealing with domestic violence affects mostly women, and we should be doing all we can to make sure that this problem gets all the attention it

deserves so we can stop domestic violence in this state.

Again, I am very disappointed in the Senate for not even being able to give a reason other than something about timing. It seems to me that we are being

very shortsighted and more bureaucratic when what we need to be is more concerned about the citizens of this state. I object strongly to the disapproval

of these appointments. Instead, I think we should be honoring these people who are so willing to serve the state of Michigan. I hope this disapproval gets

rejected.

Senator Scott’s statement is as follows:

I can only echo what most have already said, but I must add my voice to this because I am highly insulted that we would not deal with this in a manner that

would be properly before us at the committee level. There are approximately 12,000 rapes cases that have not been seen that need to be dealt with. Most

of this affects women, and that is why I am highly upset with this; that we wouldn’t care any more about the women of this state who have been raped and

those who have been violently abused. The dollars that we will be getting from the federal government, we will not get; they are in jeopardy. I would hope

that my colleagues would really think about his, how important it is that we deal with this issue, and deal with it in the proper way.

I know that there are so many other issues that we should be dealing with rather than stopping the appointments of these people. They are people who really

give of their time and service to the state of Michigan. I would hope that we would just think about this matter that if affected you directly, how would

you feel about it? It certainly does affect some of the women in your lives, I am sure. I have a simple saying that it is me today and you tomorrow. You

will feel it when it happens to you tomorrow.

So I would hope that we would deal with this in a manner that is responsible for all of us here in the Legislature.

Senator Whitmer’s statement is as follows:

I would like my colleague from Oakland County’s comments to be my “no” vote explanation on that last vote and that it be recorded that I am thoroughly disgusted.

Senator Garcia asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Garcia’s statement is as follows:

I struggled with the issue because not approving three appointments to the Domestic Violence Prevention and Treatment Board means that they are going to

have difficulty getting a quorum or getting anything done for the rest of the year. So between that and some of the other issues that were presented, I

decided to sit that one out.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

Senate Bill No. 1310

Senate Bill No. 1311

Senate Bill No. 1312

Senate Bill No. 1313

Senate Bill No. 1314

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1310, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected

with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities

and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties;

to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for

the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases

without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund;

to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to

prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals;

to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL

460.1 to 460.11) by adding section 9d.

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. 316 Yeas—36

Allen Cherry Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Nays—0

Excused—2

Clark-Coleman Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1311, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 282a.

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. 317 Yeas—36

Allen Cherry Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Nays—0

Excused—2

Clark-Coleman Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1312, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2004 PA 457.

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. 318 Yeas—36

Allen Cherry Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Nays—0

Excused—2

Clark-Coleman Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1313, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81e.

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. 319 Yeas—36

Allen Cherry Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Nays—0

Excused—2

Clark-Coleman Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1314, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2005 PA 336.

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. 320 Yeas—36

Allen Cherry Jansen Prusi

Anderson Clarke Jelinek Richardville

Barcia Cropsey Kahn Sanborn

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Nofs Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Jacobs Patterson Whitmer

Nays—0

Excused—2

Clark-Coleman Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned 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 Joint Resolution V, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 8 to article XI, to disqualify a person who has been convicted

of certain felonies from election or appointment to an elective office and from certain public employment in this state.

The House of Representatives has adopted the joint resolution by a 2/3 vote.

The joint resolution was referred to the Secretary for enrollment printing, certification and filing with the Secretary of State.

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 pro tempore, Senator Richardville, designated Senator Sanborn as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having resumed the Chair, the Committee reported

back to the Senate, favorably and without amendment, the following bill:

House Bill No. 5786, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7mm.

The bill 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. 1147, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending sections 59 and 59a (MCL 125.1459 and 125.1459a), as

added by 2008 PA 456.

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.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Scott, Cassis and Basham asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott’s statement is as follows:

The saying goes like this: “Common sense is the knack for seeing things as they are, and doing things as they ought to be done.” To me, auto insurance reform

is common sense, and we ought to be able to achieve this reform. Our purpose should be to make this required product fair and affordable.

We all agree that auto insurance is necessary. Even our constituents agree with that. But our problem comes when we start talking about fairness. It is

clearly not fair to use credit reports, education levels, and street addresses to determine how much a driver will pay for an insurance policy. The only

factors that companies should look at to determine insurance rates are driving records and the kind of car a person drives. If we require auto insurance

companies to only consider those factors when setting rates, then we will have created a system that is fair and affordable for all the people of Michigan.

That’s not hard to do. This proposal is just based on good common sense.

If we want, we can solve this today or this week, and then we can go on with other important issues facing us and our state. Let’s reform auto insurance

now, and give our constituents the fair and affordable insurance that they deserve.

Senator Cassis’ statement is as follows:

I offer this morning a memorial tribute to an outstanding public servant beloved by his community of South Lyon. I can think of no one who is more passionate

and devoted to his constituents as a well-thought of mayor of South Lyon and as a very capable county commissioner in Oakland County. Jeff Potter held

his State Representative and State Senator’s feet to the fire. He always asked the toughest questions of us, but always in the spirit and being mindful

of those he represented; even while struggling with an illness he fought valiantly, mightily, and courageously while continuing to attend county commission

meetings.

Jeff will long be remembered as a man of the people, a dedicated public servant, and a loving husband and father. We are so grateful that he spent the last

day with his family on Father’s Day.

He leaves us way, way too young. Senator Bishop, who knew him well, and myself, who spent many an hour discussing our mutual district issues, commend this

gentleman’s life and achievements. Our deepest condolences to his family, friends, and fellow commissioners.

Senator Basham’s statement is as follows:

I, too, would like to remember someone who actually worked in this chamber, who had an impact on young people’s lives for years and will continue. Charlie

Thornhill served here, and most of the colleagues remember all of the good things he has done.

One of the things his family has done is to set up a memorial scholarship. I would like to thank the members across the aisle and on this side who have

contributed to this scholarship, and I would like to remind members that they still have time to contribute. Also they can contact my office if they are

interested. It would be a good gesture to enhance the memory of Charlie Thornhill and would help his family. So please see me anytime this week.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Van Woerkom introduced

Senate Bill No. 1396, entitled

A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending section 8 (MCL 285.68), as amended by 2002 PA 80; and to repeal acts and parts of

acts.

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

Senator Van Woerkom introduced

Senate Bill No. 1397, entitled

A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending the title and sections 3, 7, 9, 15, 17, and 21 (MCL 285.313, 285.317, 285.319,

285.325, 285.327, and 285.331), sections 3 and 15 as amended by 2008 PA 140.

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

House Bill No. 4619, entitled

A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5305 (MCL 700.5305), as amended by 2000 PA 464, and

by adding section 5319.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5187, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11a (MCL 400.11a), as amended by 1990 PA 122.

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 Senior Citizens and Veterans Affairs.

House Bill No. 5193, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11 (MCL 400.11), as amended by 1990 PA 122.

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 Senior Citizens and Veterans Affairs.

House Bill No. 5957, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161 and 162 (MCL 389.161 and 389.162), as added by 2008 PA 359,

and by adding section 162a.

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 Education.

Committee Reports

The Committee on Appropriations reported

Senate Bill No. 1166, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2011; and to provide

for the expenditure of the appropriations.

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, Kahn, Cropsey, Jansen, McManus, Switalski, Anderson, Brater, Cherry, Clark-Coleman and Scott

Nays: Senator Brown

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

The Committee on Appropriations reported

Senate Concurrent Resolution No. 43.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State

Building Authority, and Kalamazoo Valley Community College relative to the Kalamazoo Valley Community College Texas Township Campus Expansion.

(For text of resolution, see Senate Journal No. 56, p. 974.)

With the recommendation that the concurrent resolution be adopted.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Jansen, Brown, McManus, Switalski, Anderson, Brater, Cherry, Clark-Coleman and Scott

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No. 44.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State

Building Authority, and Southwestern Michigan College relative to the Southwestern Michigan College Technology Building Renovation and Expansion.

(For text of resolution, see Senate Journal No. 56, p. 975.)

With the recommendation that the concurrent resolution be adopted.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, George, Jansen, Brown, McManus, Switalski, Anderson, Brater, Cherry, Clark-Coleman and Scott

Nays: None

The concurrent resolution was placed on the order of Resolutions.

The Committee on Appropriations reported

Senate Concurrent Resolution No. 45.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State

Building Authority, and Ferris State University relative to the Ferris State University Center for Collaborative Health Education.

(For text of resolution, see Senate Journal No. 56, p. 976.)

With the recommendation that the concurrent resolution be adopted.

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, George, Jansen, Brown, McManus, Switalski, Anderson, Brater, Cherry, Clark-Coleman and Scott

Nays: None

The concurrent resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, June 16, 2010, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek (C), Pappageorge, Hardiman, Kahn, Cropsey, George, Jansen, Brown, McManus, Switalski, Anderson, Brater, Cherry, Clark-Coleman

and Scott

Excused: Senators Garcia, Stamas and Barcia

The Committee on Senior Citizens and Veterans Affairs reported

Senate Bill No. 1330, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties;

to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests

in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the

districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and

other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax

increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2008 PA 225.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Pappageorge, Olshove and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Senior Citizens and Veterans Affairs reported

Senate Bill No. 1333, 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.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Pappageorge, Olshove and Basham

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Senior Citizens and Veterans Affairs submitted the following:

Meeting held on Thursday, June 17, 2010, at 9:00 a.m., Room 100, Farnum Building

Present: Senators Allen (C), Pappageorge, Olshove and Basham

Excused: Senator Garcia

The Committee on Finance reported

House Bill No. 6235, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 409 (MCL 208.1409), as amended by 2008 PA 572.

With the recommendation that the bill pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Gilbert, Pappageorge, Jansen, Jacobs, Cherry and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Thursday, June 17, 2010, at 11:34 a.m., Room 110, Farnum Building

Present: Senators Cassis (C), Gilbert, Pappageorge, Jansen, Jacobs, Cherry and Whitmer

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Thursday, June 17, 2010, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Van Woerkom and Cassis

Excused: Senators Whitmer and Gleason

Scheduled Meetings

Agriculture and Bioeconomy - Thursday, June 24, 9:00 a.m., Room 110, Farnum Building (373-1635)

Appropriations - Wednesday, June 23, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Subcommittees -

Capital Outlay - Thursday, June 24, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Economic Development - Tuesday, June 29, 2:00 p.m., Room 405, Capitol Building (373-2768)

State Police and Military Affairs - Wednesday, June 23, 3:00 p.m., Thursday, June 24, 1:00 p.m., and Tuesday, June 29, 1:00 p.m., Rooms 402 and 403, Capitol

Building (373-2768)

Banking and Financial Institutions - Wednesday, June 23, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-3543)

Banking and Financial Institutions and House Banking and Financial Services - Wednesday, June 23, 8:45 a.m., Senate Hearing Room, Ground Floor, Boji Tower

(373-3543)

Economic Development and Regulatory Reform - Thursday, June 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-7670)

Health Policy - Wednesday, June 23, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0793)

State Drug Treatment Court Advisory Committee - Friday, July 23, 9:00 a.m., Conference Room 1S69, 1st Floor, Michigan Hall of Justice Conference Center,

925 West Ottawa, Lansing (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 12:31 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Wednesday, June 23, 2010, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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