No. 34

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Thursday, April 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

Senator Tupac A. Hunter of the 5th District offered the following invocation:

Lord, thank You for this wonderful day that You have blessed us to see. Thank You for the privilege of having life, good health, and strength. Thank You for the honor that You have given each one of us to serve the people of this great state.

The Bible says in the book of Proverbs that when the righteous are in authority, the people rejoice. So, Father, I humbly pray for the Senate, the House, the Governor, and the judiciary, as well as our U.S. Congress and the President, all whom are in authority. Lord, I especially pray for all the men and women protecting us and serving in the military, as well as those who are the police officers and the fire fighters who keep us safe. Likewise, I pray for all those civil servants who provide all the other vital services that our people depend on every day. Most of all, Lord, I pray for all of the people across this great state that they may have the strength, the joy, the faith, and the hope that only You can provide.

Thank you for loving us so much that You gave Your only Son so that those who believe in Him will never perish but have everlasting life. Thank You for Your tender mercy and Your grace toward us. Let us all be obedient and faithful to You in all our thoughts and our deeds. Let us give You the honor, glory, and preeminence in everything that we do.

Lastly, I praise You, Lord, and worship You this morning because You gave Your life for the remission of our sins. You were buried, and You rose again on the third day according to the Scriptures. Lord, bless it be Your name.

Be with us now as we conduct our business this morning. Be within us, each and every one of us, so that we may make decisions that are righteous and just on behalf of the people we are all here to represent.

I pray with exceeding joy in the name of Jesus the Christ, my Lord and Savior. Amen.

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

Motions and Communications

Senator Cropsey moved that the Committee on Families and Human Services be discharged from further consideration of the following bills:

Senate Bill No. 1253, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as amended by 2008 PA 444.

Senate Bill No. 1254, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2008 PA 442.

Senate Bill No. 1255, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 134a (MCL 330.1134a), as amended by 2008 PA 446.

The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders.

Senator Cropsey moved that the bills be referred to the Committee on Health Policy.

The motion prevailed.

Senator Cropsey moved that rule 3.902 be suspended to allow the guests of Senator Cherry 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 10:06 a.m.

10:14 a.m.

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

During the recess, Senator Cherry introduced Flint Hamady High School Girls Basketball Team, 2010 Class C State Champions; Head Coach Keith Smith, Assistant Coach Tanisha Lee, Interim Superintendent Salli Stevens, and Board of Education President Brenda Battle-Jordan; and presented them with a Special Tribute.

Coach Smith responded briefly.

During the recess, Senators Bishop and Brater entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 21:

House Bill Nos. 6011 6012 6013 6014 6015 6016

The Secretary announced that the following official bills and joint resolution were printed on Wednesday, April 21, and are available at the legislative website:

House Bill Nos. 6048 6049 6050 6051 6052 6053 6054 6055

House Joint Resolution DDD

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Scott’s statement is as follows:

President Abraham Lincoln once said, “The legitimate object of government is to do for a community of people what they need to have done, but cannot do at all in their separate and individual capacities.” This means that it is our job to pass auto insurance reform so that people are paying a fair price for a product we require them to buy. Yes, people can shop around and see what rates other companies offer, but often the rates aren’t any better because companies use the same unfair criteria to set auto insurance rates.

So it is our job to step up and deal with this issue. It is our job as the elected government of Michigan to fix the problem that has plagued our citizens for far too long. It’s up to the citizens of this state to keep a good driving record. It’s up to us to make sure that it’s a person’s driving record and not their street address or income level that determines the cost of their auto insurance policy.

Senator Switalski’s statement is as follows:

Yesterday, I made some remarks about my visiting Scottish guests. I would like to give you some additional background on that. My guests are, hopefully, leaving tomorrow if their flight is not cancelled. In the runup to their visit, there were many e-mails exchanged between the American and British teams in anticipation of our big Ryder Cup competition, to which some were to the effect we hope you bring the iron and be prepared to leave it here.

Their response was, if I might paraphrase, be assured that we will bring the iron, and I do have the iron sitting on my desk. Be assured that we will bring the iron, and you may gaze upon it lovingly and touch it. You can even have your photograph taken with it, but rest assured that at the conclusion of the competition, it will be returning to its rightful home in Scotland.

Well, as a result of the 7 1/2 to 2 1/2 shellacking that we gave to the Brits, the iron for the first time in twenty years will now be in America. So let me extend that same invitation to everyone in the chamber to gaze upon it lovingly, to touch it, and to even have your photograph taken with it. To assist me in that I would like to recognize my intern Nicola Fitzsimmons, who is serving in her last day with me, and one of her many duties is to protect the iron today.

She is from Western Michigan University. She comes here every week in a van with other Western Michigan University students to intern. She has done a superb job in my office. She is majoring in philosophy and about five other subjects that she is getting degrees in. This past week, she sat in a parole hearing with me. We went over to the Department of Corrections. She specialized in corrections for me in my office. We observed one of the parole hearings, which is a real education. I would recommend it to all members.

I just want the chamber to recognize the outstanding efforts of Nicola. We are going to miss her. She has done a great job.

Senators Clarke and Kuipers entered the Senate Chamber.

By unanimous consent the Senate returned 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

The motion prevailed.

Senator Birkholz offered the following resolution:

Senate Resolution No. 147.

A resolution to recognize Earth Day, April 22, 2010, and Michigan farmers’ commitment to agriculture and their respect for the Earth.

Whereas, Michigan farmers are considered the first environmental stewards. Today they utilize tools like filter strips to protect waterways and use global positioning technology that allows them to apply the most precise amount of nutrients or crop protectants to ensure plants only receive what they need for growth; and

Whereas, Nearly 10,000 Michigan farms have voluntarily participated in educational programs to learn about sound conservation practices through the Michigan Agriculture Environmental Assurance Program (MAEAP). Additionally, nearly 1,000 Michigan farms have become MAEAP-verified or have requested verification. As a result, Michigan farmers have installed more than 2,400 acres of filter strips, reduced phosphorus use by more than 184,000 pounds per year, and kept more than 55,000 tons of soil from eroding and making its way into our waterways. Because Michigan farmers care, they voluntarily spend over $1.2 million annually to implement conservation practices in order to work towards MAEAP verification; and

Whereas, Michigan farmers have a high regard for Michigan families and natural resources and are happy to provide safe, nutritious, and affordable food. They put families first, as 95 percent of Michigan’s 56,000 farms are family-owned and operated; and

Whereas, Farmers value consumer choice. They believe consumers should have the option of buying food that is consistent with their values and needs and have access to balanced, objective information to help make informed choices; and

Whereas, Michigan farmers believe strongly in food safety, environmental integrity, and animal care. They want consumers to feel confident enjoying meat, vegetables, fruits, milk, and eggs from contemporary farms produced by farmers with traditional Michigan values; now, therefore, be it

Resolved by the Senate, That we hereby recognize April 22, 2010, as Earth Day, and we recognize Michigan farmers as the first environmental stewards for their efforts in caring for Michigan’s land and water resources, while providing safe, affordable, and wholesome food products.

Pending the order that, under rule 3.204, the 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 resolution was adopted.

Senators Barcia, Basham, Clarke, Jacobs, Kuipers, Nofs, Pappageorge and Richardville were named co‑sponsors of the resolution.

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:

I offer Senate Resolution No. 147 to honor Michigan farmers and their commitment to agriculture and their respect for the earth. By many people in this country, our farmers are considered our first environmental stewards. The integrity of the environment is the most important component for a successful farming operation.

Today, they utilize tools like filter strips to protect waterways and global positioning technology to apply the most precise amount of nutrients and/or crop protectants to ensure that plants receive what they need for growth. Nearly 10,000 farms in Michigan have voluntarily participated in educational programs to learn about sound conservation practices through the Michigan Agriculture Environmental Assurance Program, commonly known as MAEAP. Nearly 1,000 Michigan farms have become MAEAP-certified, or they are in the queue to get verification.

As a result, they have done more for our environment than most other sectors of our economy, whether it is the filter strips, the reduced phosphorus use, or the amount of time they spend making sure that they care for our land. Michigan farmers are our first environmental stewards, and we want to recognize them for caring for Michigan’s land, Michigan’s water resources, and all other natural resources, while providing safe, affordable, and wholesome food products—the food we love to eat.

So I urge the adoption of this resolution.

House Concurrent Resolution No. 51.

A concurrent resolution to decry the atrocities taking place in Darfur and to urge the President and Congress to take all steps possible to alleviate the suffering and bring about a lasting political settlement in the region.

Whereas, Since 2003, The Darfur region of Sudan and has been embroiled in armed, tumultuous, divisive, and deadly conflict among Sudanese government armed forces, allied militia known as the Janjaweed, and rebel Sudanese groups known as the Sudanese Liberation Army/Movement and the Justice and Equality Movement; and

Whereas, The rebel Sudanese Liberation Army and the Justice and Equality Movement challenged the Sudanese government about oppression of non-Arabs, decades of neglect, and the underdevelopment and political marginalization of the region, and the Sudanese government’s armed forces and the Janjaweed forces, largely composed of Arab nomadic fighters, responded by targeting and torturing civilian, largely African non-Arab Darfurian populations. The Janjaweed paramilitary forces have systematically starved civilians; raped, sexually assaulted, and branded women and girls; murdered men, women, and children; looted, razed, and burned houses, crops, and villages to the ground; and launched massive aerial bombardments and ground assaults; and

Whereas, More than 400,000 Darfurian people have been killed; more than 2.5 million innocent persons have been forced to flee their homes and relocate in Chad and other neighboring areas; and more than 4 million men, women, and children have received and relied on international aid for survival. The defenseless people who have remained in Darfur face huge shortages of safe food, water, and medicines; infectious diseases; substandard sanitation and nutrition; and eventual displacement or death; and

Whereas, Since 1916, when Sudan became a British Colony, and 1956, when Sudan gained independence from the United Kingdom, Darfur’s history has included civil strife, religious conflict, environmental calamity, political exploitation, deadly famine, and civilian attacks during decades of conflict and economic neglect and marginalization; and

Whereas, The Darfurian people lack the resources to resolve the country’s internal conflicts. The African Union has a peace force of 7,000 in Darfur who are unpaid, under trained, outnumbered, and inadequately equipped to protect Darfurians; and

Whereas, The displacement of Darfurians to Chad has resulted in refugee camps for thousands who have fled Darfur and also require stability and security from an international force; and

Whereas, Darfur is now facing its worst humanitarian crisis since 1988. This continuing violent conflict is one of the worst crises in the world, and the extraordinary escalating strife and violence in Darfur is a global issue, and not just an African problem. A political settlement being essential to resolve this terrible situation and halt the genocide, there is an urgent need for international involvement and the leadership of the Untied States; now therefore be it

Resolved by the House of Representatives (the Senate concurring), That we decry the atrocities taking place in Darfur and urge the President and Congress to take all steps possible to alleviate the suffering and bring about a lasting political settlement in the region. We also urge educational institutions, corporations, community and civic organizations, churches, the media, and others to work to end the human rights abuses in Darfur; and be it further

Resolved, That copies of this resolution be transmitted to the office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The House of Representatives has adopted the concurrent resolution.

Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations.

Senators Anderson, Barcia, Basham, Clarke, Jacobs, Nofs and Pappageorge were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator Hunter introduced

Senate Bill No. 1282, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 4 (MCL 207.774), as amended by 2009 PA 16.

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

Senators Kuipers, Cropsey, Brown, Jansen and Gleason introduced

Senate Bill No. 1283, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17015 (MCL 333.17015), as amended by 2006 PA 77.

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

Senators Cassis, Kuipers and Van Woerkom introduced

Senate Bill No. 1284, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280d.

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

Senator Patterson introduced

Senate Bill No. 1285, entitled

A bill to require the collection and return of deposits on newspapers; to provide for the use of unredeemed newspaper deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

House Bill No. 6011, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 63 (MCL 38.63), as added by 1996 PA 487.

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 Reforms and Restructuring.

House Bill No. 6012, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending section 74 (MCL 38.1074), as added by 1996 PA 486.

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 Reforms and Restructuring.

House Bill No. 6013, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending the title and sections 102, 105, 106, 108, 201, 202, 204, 204a, 204b, 204c, 204d, 204e, 204f, 205, and 206 (MCL 4.1102, 4.1105, 4.1106, 4.1108, 4.1201, 4.1202, 4.1204, 4.1204a, 4.1204b, 4.1204c, 4.1204d, 4.1204e, 4.1204f, 4.1205, and 4.1206), the title as amended by 1988 PA 100, sections 102 and 106 as amended by 1995 PA 189, sections 201 and 202 as amended by 1999 PA 264, section 204 as amended by 1998 PA 431, section 204a as added by 1998 PA 429, section 204b as added by 1998 PA 404, section 204c as added by 1998 PA 414, section 204d as added by 1998 PA 413, section 204e as added by 1998 PA 403, and section 204f as added by 1998 PA 411, and by adding section 111; and to repeal acts and parts of acts.

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 Reforms and Restructuring.

House Bill No. 6014, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 442 (MCL 18.1442), as added by 1991 PA 72.

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 Reforms and Restructuring.

House Bill No. 6015, entitled

A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 35 (MCL 24.235), as amended by 1995 PA 178.

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 Reforms and Restructuring.

House Bill No. 6016, entitled

A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending the title and sections 204c, 204d, 501, and 601 (MCL 4.1204c, 4.1204d, 4.1501, and 4.1601), the title as amended by 1988 PA 100, section 204c as added by 1998 PA 414, section 204d as added by 1998 PA 413, and section 601 as amended by 1999 PA 95, and by adding section 502; and to repeal acts and parts of acts.

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 Reforms and Restructuring.

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:

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.

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.

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 December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.

Mr. Matthew L. Tomasiewicz of 2567 Hunter Green Court, Grand Rapids, Michigan 49546, county of Kent, succeeding Dorothy Johnson, whose term will expire December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.

Eastern Michigan University Board of Control

Mr. Michael D. Hawks of 3494 Riverside Drive, Saugatuck, Michigan 49453, county of Allegan, succeeding Gary Hawks, 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.

Ms. Erane C. Washington-Kendrick of 8409 South Huron River Drive, Ypsilanti, Michigan 48197, county of Washtenaw, succeeding Phil Incarnati, 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.

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.

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.

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.

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 question being on the motion to discharge,

Senator Cropsey moved that the previous question be ordered.

The motion prevailed.

The question being on the motion to discharge,

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

Point of Order

Senator Whitmer raised the Point of Order that discharging the Committee on Government Operations from further consideration of the gubernatorial appointments without a hearing violates Article I, Section 17 of the Michigan Constitution.

The President, Lieutenant Governor Cherry, ruled that the discharge motion was in order because it has been the practice of the Senate to allow gubernatorial appointments to be in effect without a hearing or a vote. Further, the Constitutional provision pertains to criminal matters, not legislative matters.

Messages from the Governor

The following messages from the Governor were received and read:

April 21, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to office under Sections 16121 and 17903 of the Public Health Code, 1978 PA 368, MCL 333.16121 and MCL 333.17903:

Michigan Athletic Trainer Board

Ms. Christina M. Eyers, MA, ATC, of 5177 Witherspoon Way, Holt, Michigan 48842, county of Ingham, succeeding Rodney A. Sorge, who has resigned, is appointed to represent athletic trainers, for a term commencing April 21, 2010 and expiring December 31, 2012.

April 21, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to office under Sections 16121 and 16805 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.16805:

Michigan Board of Audiology

Ms. Peggy J. Frank of 5931 Meeuwenberg Drive, Twin Lake, Michigan 49457, county of Muskegon, succeeding Diane Zuckschwerdt, whose term will expire, is appointed to represent audiologists, for a term commencing July 1, 2010 and expiring June 30, 2014.

Mr. Srinivas B. Mukkamala, M.D., of 1810 Overhill Drive, Flint, Michigan 48503, county of Genesee, is reappointed to represent persons licensed to practice medicine or osteopathic medicine and surgery who hold a certificate of qualification from the American Board of Otolaryngology, for a term commencing July 1, 2010 and expiring June 30, 2014.

April 21, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to office under Sections 16121 and 16421 of the Public Health Code, 1978 PA 368, MCL 333.16121 and MCL 333.16421:

Michigan Board of Chiropractic

Mr. Mark F. Stuart of 2624 Ramblin Drive, Battle Creek, Michigan 49017, county of Calhoun, succeeding Michael Morse, whose term has expired, is appointed to represent the general public, for a term commencing April 21, 2010 and expiring December 31, 2013.

Ms. Kathleen J. Thompson of 1540 Brookmoor Lane, Portage, Michigan 49024, county of Calhoun, succeeding Gwendolyn Frenette, whose term has expired, is appointed to represent the general public, for a term commencing April 21, 2010 and expiring December 31, 2013.

Ms. Julann M. Vittone of 817 Eureka Street, Lansing, Michigan 48912, county of Ingham, succeeding Lois Michelin, whose term has expired, is appointed to represent the general public, for a term commencing April 21, 2010 and expiring December 31, 2013.

April 21, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to office under Sections 16121 and 18103 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.18103:

Michigan Board of Counseling

Mr. Steven D. Hampton of 420 West Street, Grand Ledge, Michigan 48837, county of Eaton, is reappointed to represent statutorily regulated mental health professionals, for a term commencing July 1, 2010 and expiring June 30, 2014.

Reverend Meredith Hunt of 111 South Pleasant Street, Sturgis, Michigan 49091, county of St. Joseph, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Ms. Laura L. LeClear of 10132 East E.F., Richland, Michigan 49083, county of Kalamazoo, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Mr. Thomas J. Wuori of 5218 Saddle Club Drive, Kalamazoo, Michigan 49009, county of Kalamazoo, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

April 21, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to office under Sections 301, 302 and 1802 of the Occupational Code, 1980 PA 299, MCL 339.301, 339.302 and 339.1802:

Board of Examiners in Mortuary Science

Ms. Christine S. Daggett of 12460 183rd Avenue, Big Rapids, Michigan 49307, county of Mecosta, is reappointed to represent professionals, for a term commencing July 1, 2010 and expiring June 30, 2014.

Mr. Thomas L. Starks of 2650 Niles Road, St. Joseph, Michigan 49085, county of Berrien, is reappointed to represent professionals, for a term commencing July 1, 2010 and expiring June 30, 2014.

April 21, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to office under Sections 16121 and 17221 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17221:

Michigan Board of Nursing

Ms. Brigid M. McMillan of 835 Westchester Road, Grosse Pointe Park, Michigan 48230, county of Wayne, succeeding Mary MacEachern, whose term has expired, is appointed to represent licensed practical nurses, for a term commencing April 21, 2010 and expiring June 30, 2013.

Mr. Lars Egede-Nissen of 4483 Calgary Boulevard, Okemos, Michigan 48864, county of Ingham, succeeding Michelle Woods, whose term will expire, is appointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Ms. Kathleen L. Johnston-Calati of 313 Seymour Avenue, Lansing, Michigan 48933, county of Ingham, succeeding Bruce Anderson, whose term will expire, is appointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Mr. Reginald T. Armstrong of 300 Riverfront Drive, #2902, Detroit, Michigan 48226, county of Wayne, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Mr. James H. Childress of 4844 Rockhill Court N.E., Grand Rapids, Michigan 49525, county of Kent, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Ms. LaDonna A. Schultz of 3349 West Clear Lake Road, West Branch, Michigan 48661, county of Ogemaw, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

April 21, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to office under Sections 16121 and 17305 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17305:

Michigan Board of Nursing Home Administrators

Mr. Todd L. Cook of 525 Westmoreland Avenue, Lansing, Michigan 48915, county of Ingham, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Ms. Sara E.D. Fazio of 3204 Behler Drive S.E., Grand Rapids, Michigan 49546, county of Kent, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Ms. Karen J. Messick of 4599 Lantern Court, N.W., Comstock Park, Michigan 49321, county of Kent, is reappointed to represent nursing home administrators, for a term commencing July 1, 2010 and expiring June 30, 2014.

April 21, 2010

I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following appointments and reappointments to office under Sections 302 and 2603 of the Occupational Code, 1980 PA 299, MCL 339.302 and 339.2603:

Board of Real Estate Appraisers

Mr. Brian S. Kirksey of 425 Sunlight, Rochester Hills, Michigan 48309, county of Oakland, succeeding Marshall Brulez, who has resigned, is appointed to represent certified general real estate appraisers, for a term commencing April 21, 2010 and expiring June 30, 2010, and is reappointed for a term commencing July 1, 2010 and expiring June 30, 2014.

Mr. Leo R. Wickert, Jr., of 193 Beechwood Court, Mount Pleasant, Michigan 48858, county of Isabella, succeeding Craig Hufnagel, whose term has expired, is appointed to represent state licensed real estate appraisers with a lending institution, for a term commencing April 21, 2010 and expiring June 30, 2012.

Ms. Patricia A. Kelly of 9585 Halfmoon Lake Drive, Pinckney, Michigan 48169, county of Washtenaw, is reappointed to represent the general public, for a term commencing July 1, 2010 and expiring June 30, 2014.

Mr. John P. Snyder of 1327 Flushing Road, Flushing, Michigan 48433, county of Genesee, is reappointed to represent certified general real estate appraisers, for a term commencing July 1, 2010 and expiring June 30, 2014.

April 21, 2010

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointment to office under Sections 16121 and 18505 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.18505:

Michigan Board of Social Work

Ms. Michele A. Brock of 1735 Linden, East Lansing, Michigan 48823, county of Ingham, succeeding Ronald Calery, who has resigned, is appointed to represent certified social workers, for a term commencing April 21, 2010 and expiring December 31, 2011.

Ms. E. Jane Hayes of 720 Cherokee, Traverse City, Michigan 49684, county of Grand Traverse, succeeding Allen Cushingberry, whose term has expired, is appointed to represent individuals engaged primarily in the practice of social work, for a term commencing April 21, 2010 and expiring December 31, 2013.

Ms. Pamela K. Manela of 40404 Village Wood, Novi, Michigan 48375, county of Oakland, succeeding Emily McFadden, who has resigned, is appointed to represent individuals engaged primarily in the practice of social work, for a term commencing April 21, 2010 and expiring December 31, 2010.

Ms. Michelle L. Woods of 1108 Greenwood Avenue, Jackson, Michigan 48203, county of Jackson, succeeding Alan Semonian, whose term has expired, is appointed to represent the general public, for a term commencing April 21, 2010 and expiring December 31, 2013.

Mr. Matthew P. Wojack of 225 Moores River Drive, Lansing, Michigan 48910, county of Ingham, is reappointed to represent individuals engaged primarily in the practice of social work, for a term expiring December 31, 2013.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

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.

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.

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 December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.

Mr. Matthew L. Tomasiewicz of 2567 Hunter Green Court, Grand Rapids, Michigan 49546, county of Kent, succeeding Dorothy Johnson, whose term will expire December 31, 2010, is appointed for a term commencing January 1, 2011 and expiring December 31, 2018.

Eastern Michigan University Board of Control

Mr. Michael D. Hawks of 3494 Riverside Drive, Saugatuck, Michigan 49453, county of Allegan, succeeding Gary Hawks, 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.

Ms. Erane C. Washington-Kendrick of 8409 South Huron River Drive, Ypsilanti, Michigan 48197, county of Washtenaw, succeeding Phil Incarnati, 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.

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.

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.

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.

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 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,

Senator Thomas moved that the question be divided and that a separate vote be taken on each appointment.

On which motion Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The motion did not prevail, a majority of the members not voting therefor, as follows:

Roll Call No. 203 Yeas—18

Anderson Clark-Coleman Olshove Scott

Barcia Clarke Patterson Switalski

Basham Gleason Prusi Thomas

Brater Hunter Richardville Whitmer

Cherry Jacobs

Nays—19

Allen Cropsey Jansen Pappageorge

Birkholz Garcia Jelinek Sanborn

Bishop George Kuipers Stamas

Brown Gilbert McManus Van Woerkom

Cassis Hardiman Nofs

Excused—0

Not Voting—1

Kahn

In The Chair: President

Senators Prusi and Bishop asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Prusi’s statement is as follows:

I am not a constitutional scholar. I am not an attorney. My training is in iron ore mining, not a tremendous qualification to read the Constitution and understand it and all of its intricacies. But what I do know is what is fair. What I do know in my heart and in my gut is what is right. What we are doing today is not right. It is not fair; it is not equitable.

Article I, Section 17 of our Constitution allows these people the right to a hearing in front of a committee to determine whether or not they are qualified to serve the appointments that the Governor has sought to make. The Michigan Constitution does not limit the time period to which the Governor may make an appointment to the office. Because the appointment power is vested in the Governor, the timing of these appointments is within the Governor’s discretion; not just this Governor, but every single Governor of the state of Michigan since we approved this Constitution back in 1964.

The Governor has submitted qualified appointees, but we don’t know whether or not their qualifications have been vetted by this Senate because they have never sat in front of a committee to have a hearing. Some of them have in years gone by because these are reappointments, some of which were originally appointed by the previous Governor, John Engler.

The timing of these things, as I said earlier, is not limited by the Constitution, but by rejecting these people without a hearing for purely partisan reasons, this is just negatively impacting the administration of our government for purely partisan, political reasons. These people are entitled by the Constitution, by the law, to be heard. We have not given them the opportunity to be heard.

This isn’t something that is just going to be talked about today or until the election in November. This is going to reverberate down through administrations that follow this one. Do you really want to be on record as setting a precedent that you are going to deny the constitutional rights of qualified individuals to be heard, to be judged, and then to be voted on, or are you going to summarily for partisan, political reasons reject these people out of hand on the off chance that someone from your political party may assume the governorship in a few months?

The last time this issue came up on the day of sine die, Governor Engler had appointed people beyond the 60-day limit. They were approved by the Senate on a 20-11 vote with a lot of people absent, but there were two people in the chamber who actually approved appointments on the day of sine die. They are sitting in this chamber today. How are they going to vote on this issue today? One of the people who was approved on sine die, nearly eight years ago, is also sitting in this chamber. He was appointed to the Community Corrections Board from Saginaw County. What are you going to tell the people who are going to be appointed here? That they are not qualified? That you don’t think this is proper?

Senate colleagues, I ask you, I implore you, stop and think about what you are doing. You are setting a very ugly precedent here. You are setting a very bad precedent for future legislatures. There could come a point when the control of this body flips, with the Governor’s flipping back and forth. Do not take your constitutional requirements lightly. These people are constitutionally entitled to fair and equitable treatment and a hearing. You are denying them that.

I ask you to either approve these appointments, or remove this item of business, and let’s get on with what we are supposed to be here doing, not playing partisan, political games.

Senator Bishop’s statement is as follows:

I know that this body takes very serious the process that we have in front of us today. The Senate is given very specific authority in the Constitution, Article V, Section 6, with regard to advice and consent. It’s a process that we deal with yearly on a case-by-case basis ordinarily. This is clearly a different situation. It’s a situation that has required my office to go back into the historical precedents to see how it was handled in the past by previous legislators.

It’s our goal to be as consistent as possible. It’s also our goal to preserve the integrity of the process and maintain the Constitution of 1963 and, along the way, try to preclude some of the partisan politics that goes on.

I’ve heard the arguments and I reviewed as much as I could in good faith—the various arguments that have been raised by both sides of the aisle. This is not a Republican or Democrat issue. I read and considered the fair and just clause that was cited earlier, and I know that has been debated here today, and it should be.

But this has nothing to do with the qualifications of the appointees. In fact, I’ve had a chance to call some of these appointees and talk to them and let them know that our members lament the fact that we are in this position to begin with. This has nothing to do with those who have been appointed; very qualified people, in certain circumstances, who could and should serve on our boards. This is not a question of their qualifications. This is a question of whether or not a sitting Governor should appoint individuals to terms that start during the next administration, and it really is a question of fairness.

We’ve had this discussion before back in 2006. You’ll recall that the Governor made appointments that were going to take effect after the election, and a majority of the members on this side of the aisle—in fact, a unanimous vote—every one of us voted against the appointees.

For this very reason, the Governor has deviated significantly from previous practices. And, really, when it comes down to it, there is no urgency to make appointments nine months into the future in advance of vacancies for these positions. Again, it’s not fair for this administration to impose their will upon a future administration, whether they are Republican or Democrat.

As part of my research into this question on how this should be handled, I went back to the date and time when outgoing Governor Milliken made some appointments that would take effect after his administration and then be imposed upon the Blanchard Administration. Then-Senator Kelly rose and made very significant points, in my opinion. In a pertinent part of his statement in the Senate record, he says, “I think every single one of these positions is a position of trust and a position which is impacted by the philosophy of the Governor who is in office. People elected Jim Blanchard and rejected the Republican Party philosophy which has governed this state. I think all the Democratic Caucus is trying to say is that since the people of the state of Michigan want to see a dramatic change in the course of government in this state, we should also shift to the person who assumes the reigns of power the accountability for which his administration produces. I think that when Jim Blanchard becomes Governor, he should have the maximum latitude to make the appointments. But along with his appointments goes the responsibility for what they do.”

I thought that was a reasonable and responsible statement; one we took to heart when we came to our position on this. And I would ask the members to understand the appointees who are under consideration right now, to understand that this is not about the merits and their abilities to serve in their positions or their qualifications. This is about right and wrong, and we’ve taken a position that the next Governor should have the opportunity to make the appointments that begin on January 1.

The question being on the disapproval of the said appointments to office,

Senator Jelinek moved that the previous question be ordered.

On which motion Senator Cropsey requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The motion did not prevail, a majority of the members not voting therefor, as follows:

Roll Call No. 204 Yeas—17

Allen Cropsey Hardiman McManus

Birkholz Garcia Jansen Pappageorge

Bishop George Jelinek Sanborn

Brown Gilbert Kuipers Van Woerkom

Cassis

Nays—21

Anderson Clarke Nofs Scott

Barcia Gleason Olshove Stamas

Basham Hunter Patterson Switalski

Brater Jacobs Prusi Thomas

Cherry Kahn Richardville Whitmer

Clark-Coleman

Excused—0

Not Voting—0

In The Chair: President

The question being on the disapproval of the said appointments to office,

Senator Whitmer moved that the Senate adjourn.

The motion prevailed, the time being 11:15 a.m.

Committee Reports

The Committee on Families and Human Services reported

Senate Bill No. 1173, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 1999 PA 204.

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.

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen and Hardiman

Nays: Senator Jacobs

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

The Committee on Families and Human Services reported

Senate Bill No. 1179, entitled

A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act,” by amending sections 1 and 14 (MCL 423.201 and 423.214), section 1 as amended by 1999 PA 204.

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.

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen and Hardiman

Nays: Senator Jacobs

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

COMMITTEE ATTENDANCE REPORT

The Committee on Families and Human Services submitted the following:

Meeting held on Tuesday, April 20, 2010, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Jansen (C), Hardiman and Jacobs

The Committee on Senior Citizens and Veterans Affairs reported

House Bill No. 5899, entitled

A bill to amend 2009 PA 149, entitled “An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” (MCL 339.101 to 339.2919) by amending the title, as amended by 1993 PA 93, and by adding section 1809a,” by amending enacting section 1.

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, Garcia and Olshove

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Senior Citizens and Veterans Affairs reported

House Bill No. 5900, entitled

A bill to amend 2009 PA 148, entitled “An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” (MCL 339.101 to 339.2919) by adding section 1809b,” by amending enacting section 1.

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, Garcia and Olshove

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 Wednesday, April 21, 2010, at 9:00 a.m., Room 100, Farnum Building

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

Excused: Senator Basham

The Committee on Appropriations reported

House Bill No. 4480, entitled

A bill to authorize the state administrative board to convey a certain parcel of state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of state departments in regard to the property; and to provide for disposition of revenue derived from the conveyance.

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, Kahn, Garcia, 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. 5407, entitled

A bill 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.

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, 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.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, April 21, 2010, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, April 21, 2010, at 3:06 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators George (C), Allen, Sanborn, Clarke, Gleason and Jacobs

Excused: Senator Patterson

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture - Tuesdays, April 27 and May 4, 2:00 p.m., Room 405, Capitol Building (373-2768)

Economic Development - Wednesday, April 28, 8:30 a.m., Room 110, Farnum Building (373-2768)

General Government - Thursdays, April 29, May 6 and May 13, 2:00 p.m., Room 110, Farnum Building (373‑2768)

Human Services Department - Tuesday, April 27, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Judiciary and Corrections - Tuesdays, April 27, May 4 and May 11 (CANCELED), 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Natural Resources Department - Thursday, April 29, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

State Police and Military Affairs - Thursdays, May 6 and May 13, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Senate Fiscal Agency Board of Governors - Wednesday, May 5, 9:15 a.m., Room S-101, Capitol Building (373-5300)

State Drug Treatment Court Advisory Committee - Tuesday, April 27, 9:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Transportation and House Transportation - Tuesday, April 27, 3:00 p.m., Room 519, South Tower, House Office Building (373-7708) (CANCELED)

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, April 27, 2010, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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