No. 43

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Thursday, May 13, 2010.

2:00 p.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

Reverend John Miller of First Congregational Church of Royal Oak offered the following invocation:

Dear God, may the words of our mouths and the meditations of our hearts be acceptable in Your sight, for You are our rock and our redeemer. God, You call us to love You in all that we do and all that we say, think, and feel. You call us to love one another even as we know You love us.

Help us, God, to seek justice for all; to love, support, and sustain mercy and loving kindness; to walk humbly as Your servants and servants to our neighbors. O God, fill this place with Your powerful presence. Speak to our hearts of Your light and truth. Inspire and guide all that happens here, today and always. Amen.

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

Motions and Communications

Senators Gilbert, George and Clarke entered the Senate Chamber.

Recess

Senator Cropsey moved that the Senate recess subject to the call of the Chair.

The motion prevailed, the time being 2:08 p.m.

3:18 p.m.

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

The following communication was received and read:

Office of the Auditor General

May 11, 2010

Enclosed is a copy of the following audit report:

Performance audit of the Office of Scholarships and Grants, Student Financial Services Bureau, Department of Treasury.

Auditor General

The audit report was referred to the Committee on Government Operations.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 12:

House Bill Nos. 5243 5999 6000 6051 6052

The Secretary announced that the following official bills were printed on Wednesday, May 12, and are available at the legislative website:

Senate Bill Nos. 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335

House Bill Nos. 6153 6154 6155 6156

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Cropsey moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the President, Lieutenant Governor Cherry, designated Senator Sanborn as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No. 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.

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.

The bills were placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar:

House Bill No. 5899

House Bill No. 5900

The motion prevailed, a majority of the members serving voting therefor.

Senator Thomas moved that Senator Jacobs be temporarily excused from the balance of today’s session.

The motion prevailed.

Senator Jacobs entered the Senate Chamber.

Senator Cropsey moved that Senator Patterson be excused from the balance of today’s session.

The motion prevailed.

The following bill was read a third time:

House Bill No. 5899, entitled

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. 236 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Nofs Thomas

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Patterson

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5900, entitled

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. 237 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Nofs Thomas

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Patterson

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Cropsey moved that consideration of the following resolutions be postponed for today:

Senate Resolution No. 41

Senate Resolution No. 75

Senate Resolution No. 88

The motion prevailed.

Senators Kuipers, Allen, Cropsey, Van Woerkom, Jelinek, George, Hardiman, Kahn, Brown and Gilbert offered the following resolution:

Senate Resolution No. 158.

A resolution to urge the U.S. Environmental Protection Agency to rescind rules that would require dairy farms to have oil spill prevention plans for milk storage tanks.

Whereas, The U.S. Environmental Protection Agency (EPA) has classified milk as an oil subject to federal regulation. The EPA will soon be requiring small and large dairy farms to prepare and implement oil spill prevention plans for potential spills from milk bulk tanks; and

Whereas, The EPA has stretched common sense in subjecting farmers to laws clearly never intended to apply to milk. The federal Clean Water Act requirements to prevent oil spills were obviously directed at petroleum-based oils, not milk. EPA’s actions represent a clear overreach and an example of misplaced priorities that will apply more unnecessary government regulation to our nation’s farmers while more serious problems are not addressed; and

Whereas, The preparation and implementation of an oil spill, prevention, control, and countermeasure plan will cost thousands of dairy farmers time and money with little discernible environmental benefit. The EPA has created an onerous solution searching for a problem; now, therefore, be it

Resolved by the Senate, That we urge the U.S. Environmental Protection Agency to rescind rules that would require dairy farms to have oil spill prevention plans for milk storage tanks; and be it further

Resolved, That copies of this resolution be transmitted to Administrator of the U.S. Environmental Protection Agency, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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 question being on the adoption of the resolution,

Senator Cropsey moved that the resolution be referred to the Committee on Agriculture and Bioeconomy.

The motion prevailed.

Senator Nofs was named co‑sponsor of the resolution.

Senator Jelinek offered the following concurrent resolution:

Senate Concurrent Resolution No. 40.

A concurrent resolution to memorialize Congress to enact pending legislation to grant permanent lawful resident status to Ibrahim Parlak.

Whereas, Ibrahim Parlak was born in Turkey in 1962. A Kurd, Ibrahim Parlak was tortured and imprisoned for his involvement in Kurdish human rights efforts in his homeland as a young man. Fearing for his life, he fled Turkey and arrived in the United States in 1991, settling in Chicago for a short time before moving to southwestern Michigan in 1992, where he has lived as a model immigrant. As a small business owner and dedicated father, this gentleman has built a life in Harbart, Michigan, that has been exemplary; and

Whereas, Granted political asylum in 1992, Ibrahim Parlak began the naturalization process as soon as he was eligible to do so, applying for citizenship in 1998. At each stage of this process, he was fully honest with immigration officials, admitting that he had to leave Turkey with false documents and revealing all his actions with Kurdish groups; and

Whereas, Mr. Parlak’s naturalization application was denied in November 2001, shortly after the terror attacks of 9/11. Apparently, Mr. Parlak’s association, during his years in Turkey, with certain people affiliated with a Kurdish organization now considered to be a terrorist group was noted by the Immigration and Naturalization Service. Mr. Parlak had been entirely forthcoming with all his activities in his application for political asylum when he arrived in the Untied States. In spite of this, federal officials commenced deportation proceedings, and in 2004, Ibrahim Parlak was imprisoned, without bail, for 10 months before a federal district court judge ruled his detention unconstitutional; and

Whereas, Mr. Parlak’s efforts to clear his name and restart his effort to fulfill his dream of becoming an American citizen have drawn the strong support of many people in southwestern Michigan. His reputation in the food service industry, his impeccable standing in the community, his devotion to his American-born daughter, and his personal integrity are well-known by all who have interacted with him over the years. The hundreds of statements and signatures in support of Mr. Parlak reflect the widespread respect and admiration he has generated since arriving in this country; and

Whereas, Through the efforts of Congressman Upton and Senator Levin, private bills (H.R.976/S.403) are pending in Congress to grant relief to Ibrahim Parlak and allow him to pursue citizenship and to continue to contribute to a stronger Michigan and America; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize Congress to enact pending legislation to grant permanent lawful resident status to Ibrahim Parlak and to allow him to work to become an American citizen; and be it further

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

Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,

Senator Cropsey moved that the rule be suspended.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the concurrent resolution,

Senator Cropsey moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

Introduction and Referral of Bills

Senator Jelinek introduced

Senate Bill No. 1336, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5867 (MCL 600.5867) and by adding section 5867a.

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

Senators Kahn and Bishop introduced

Senate Bill No. 1337, entitled

A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 4, 4a, 5a, 5b, 7, and 9 (MCL 28.724, 28.724a, 28.725a, 28.725b, 28.727, and 28.729), section 4 as amended by 2004 PA 240, sections 4a and 7 as amended and section 5b as added by 2004 PA 237, section 5a as amended by 2005 PA 322, and section 9 as amended by 2005 PA 132.

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

Senator Cassis introduced

Senate Bill No. 1338, entitled

A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2008 PA 310.

The bill was read a first and second time by title and referred to the Committee on Economic Development and Regulatory Reform.

House Bill No. 5243, entitled

A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 74c.