No. 22

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2010

Senate Chamber, Lansing, Thursday, March 11, 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—excused

Clark-Coleman—present Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present Nofs—present

Reverend Rob Brink of First Congregational Church of Saugatuck offered the following invocation:

Creator God, we stand united at the start of a new day to give You thanks and ask Your guidance. In this moment, there is no distinction between Democrat, Republican, or Independent. There is only us and You.

So together we ask for sharp ears to hear the voices of those we serve, not just the ones who got us elected. Open our lips to speak for those who have no voice. Give us clear eyes to see the solutions hiding behind our current problems. Guide our feet toward common ground, and strengthen our hands for the work of reaching it. Embolden our hearts to choose what is right over what is popular, what is good over what is easy, and what is true over what is expedient.

We place our whole selves in Your care—heart and mind, body and spirit—that as we start our work, we might remember who we serve. We ask this in Your mighty name, and I ask it in the powerful name of Jesus. Amen.

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

Motions and Communications

Senators Garcia, Nofs and Clarke entered the Senate Chamber.

Senator Anderson moved that Senator Barcia be temporarily excused from today’s session.

The motion prevailed.

Senator Anderson moved that Senator Thomas be excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Cherry’s statement is as follows:

It gives me great honor today to introduce to you and to express my appreciation for all the work a former employee of mine, Kevin Sylvester, has done. Kevin has worked in my office since 2006, after assisting with my re-election campaign. He has been an outstanding district representative, as well as working diligently with the many constituents within my district. He attended many legislative committee meetings for me.

The high quality of effort maintained by Kevin has been noted by me and by many people in my district and will not be forgotten. His caring personality and impeccable work ethic will be missed throughout the Senate. Kevin has recently taken a position in the House with Representative Richard LeBlanc’s office as a legislative assistant. Representative LeBlanc is very lucky to have him.

On behalf of myself, my staff, and the rest of the Michigan Senate, I would like to thank Kevin for all his hard work and dedication, and I wish him the utmost success in all of his future endeavors. I would ask my colleagues to also congratulate him and thank him for the work he has provided to this body.

The following communication was received and read:

Office of the Senate Majority Leader

March 9, 2010

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Committee on Agriculture and Bioeconomy hold a hearing on the appointments of Jennifer Fike and Audrey Herioux to the Commission of Agriculture, and make written recommendations to the Government Operations Committee on these appointments.

Sincerely,

Senator Michael D. Bishop, Chairman

Government Operations Committee

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 10:

House Bill Nos. 4986 5899 5900

The Secretary announced that the following official bills were printed on Wednesday, March 10, and are available at the legislative website:

House Bill Nos. 5925 5926 5927 5928 5929 5930 5931 5932 5933 5934 5935 5936 5937

Messages from the House

Senator Barcia entered the Senate Chamber.

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

House Bill No. 4514

The motion prevailed.

Senate Bill No. 528, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20153.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Cropsey moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 107 Yeas—37

Allen Clark-Coleman Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Nofs Switalski

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Thomas

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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

The motion prevailed.

Senator Hardiman’s statement is as follows:

I urge members to concur in the House amendments to Senate Bill No. 528. They make relatively small changes, and the main objective of the bill is preserved. With this concurrence, Senate Bill No. 528 and the House companion bill will address a vital issue, especially in Kent County, and bring some peace of mind to thousands of my constituents and residents.

As many of you know, there was a doctor a few years ago who deliberately reused medical devices in complete disregard for his patients’ safety. This has been deeply distressing to those patients and other residents. That doctor was convicted for billing fraud, but Michigan law still contains a grey area on the misuse of medical devices. This bill will clear that up.

No one should have to go through the experience that these patients had. They would all want us to prevent this from happening again. With Senate Bill No. 528, we will, hopefully, take that step. On behalf of those patients and many others, I’m glad we can respond to those concerns in legislation, and thank you for your support.

Senate Bill No. 251, entitled

A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations.

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

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 bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 1172, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 17231.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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. 1139

Senate Bill No. 1097

House Bill No. 5481

House Bill No. 5662

House Bill No. 4512

House Bill No. 5825

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1139, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 11b (MCL 125.2161b), as added by 2008 PA 155.

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. 108 Yeas—37

Allen Clark-Coleman Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Nofs Switalski

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Thomas

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1097, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 11a (MCL 380.11a), as amended by 2006 PA 515.

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. 109 Yeas—36

Allen Clark-Coleman Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Nofs Switalski

Brown Hardiman Olshove Van Woerkom

Cherry Hunter Pappageorge Whitmer

Nays—0

Excused—1

Thomas

Not Voting—1

Cassis

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 5481, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 48721 (MCL 324.48721), as added by 1995 PA 57.

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. 110 Yeas—37

Allen Clark-Coleman Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Nofs Switalski

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Thomas

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5662, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43509, 43532, and 43533 (MCL 324.43509, 324.43532, and 324.43533), sections 43509 and 43533 as amended by 1996 PA 585 and section 43532 as amended by 2002 PA 108.

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. 111 Yeas—37

Allen Clark-Coleman Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Nofs Switalski

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Thomas

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4512, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241 (MCL 18.1241), as amended by 1999 PA 8.

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. 112 Yeas—37

Allen Clark-Coleman Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Nofs Switalski

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Thomas

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5825, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2008 PA 37.

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. 113 Yeas—37

Allen Clark-Coleman Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Nofs Switalski

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Thomas

Not Voting—0

In The Chair: President

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

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 Pappageorge 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 with a substitute therefor, the following bill:

House Bill No. 5394, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2010; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 26, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17048 (MCL 333.17048), as amended by 1996 PA 355.

Substitute (S-2).

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 27, entitled

A bill to amend 1962 PA 192, entitled “Professional service corporation act,” by amending sections 2 and 4 (MCL 450.222 and 450.224), section 2 as amended by 1998 PA 48 and section 4 as amended by 2000 PA 335.

Substitute (S-2).

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 28, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 902 and 904 (MCL 450.4902 and 450.4904), section 902 as amended by 1997 PA 52 and section 904 as amended by 2000 PA 333.

Substitute (S-2).

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.

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

Senate Concurrent Resolution No. 35

The motion prevailed.

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No. 125

Senate Resolution No. 126

The resolution consent calendar was adopted.

Senators Scott, Clarke, Olshove, Cherry, Gleason, Brater, Barcia, Kahn, Hardiman, George and Anderson offered the following resolution:

Senate Resolution No. 125.

A resolution designating April 2010 as Michigan Student Athlete Cardiac Awareness Month.

Whereas, The state of Michigan has lost at least 41 students to sudden cardiac arrest and related causes since December 1999; and

Whereas, One of those students was 15-year-old Kimberly Anne Gillary, whose life was tragically lost as a result of a sudden cardiac arrest in a high school water polo game on April 1, 2000; and

Whereas, The Gillary family founded the Kimberly Anne Gillary Foundation in April 2000 in Kimberly’s memory to donate automated external defibrillators (AEDs) to Michigan high schools and to advocate cardiac screening and testing of all Michigan high school student athletes; and

Whereas, As of March 1, 2010, the Kimberly Anne Gillary Foundation has raised more than $1 million and has donated more than 500 AEDs to Michigan high schools; and

Whereas, There have been at least two lives saved using AEDs donated by the Kimberly Anne Gillary Foundation. On October 24, 2007, the life of 17-year-old Ashley Palmer was saved at Davison High School due to the quick thinking and training of Davison High School staff members. On April 22, 2009, 67-year-old Larry Ratkowski, while a spectator at a Hamilton High School baseball game, was saved due to the quick thinking and training of the principal, the athletic trainer, one of the students, and a deputy sheriff; and

Whereas, In large part, as a result of the efforts of the Kimberly Anne Gillary Foundation, approximately 75 percent of the high schools in Michigan now have at least one AED, and staff members are trained in CPR and the use of an AED. There is an increased awareness of the importance of more effective pre-participation cardiac screening of our high school student athletes and having AEDs readily accessible in our Michigan high schools; now, therefore, be it

Resolved by the Senate, That April 2010 be hereby designated as Michigan Student Athlete Cardiac Awareness Month; and be it further

Resolved, That the people of the state of Michigan are encouraged to become more aware of the importance of improved pre-participation screening of our student athletes and the preparedness of our citizenry and public employees to respond to the sudden cardiac arrest of our sons and daughters while entrusted to our public schools in the course of their education; and be it further

Resolved, That the State Board of Education be urged to include provisions in policies and regulations for AED training in student health education courses and regular AED drills, so that students and staff will be better prepared to use AEDs to save lives in schools and other public places; and be it further

Resolved, That the State Board of Education advise schools to facilitate the education of students and their families to identify situations where students may be at risk; and be it further

Resolved, That the Michigan High School Athletic Association be inspired to have Michigan schools implement nationally-applied standards for pre-participation screening of prospective student athletes for conditions that may put them at risk of cardiac arrest; and be it further

Resolved, That copies of this resolution be transmitted to the Kimberly Anne Gillary Foundation, the State Board of Education, and the Michigan High School Athletic Association as a symbol of our support.

Senators Birkholz, Clark-Coleman, Garcia, Hunter, Pappageorge and Switalski were named co‑sponsors of the resolution.

Senator Switalski offered the following resolution:

Senate Resolution No. 126.

A resolution commemorating March 16, 2010, as a Day of Remembrance for Victims of Drunk Drivers in Michigan.

Whereas, According to National Highway Traffic Safety Administration statistics, one person is killed in the United States by a drunk driver every 45 minutes. More than one person per minute is injured in crashes where alcohol is present, totaling over half a million people per year nationwide early in this decade; and

Whereas, About 1 in every 3 Americans will be involved in an alcohol-related traffic accident at some time in their life; and

Whereas, Since the founding of Mothers Against Drunk Driving (MADD) in 1980, alcohol-related traffic fatalities nationwide have declined by about 50 percent. Still, more than 15,000 lives across the country and over 300 lives in Michigan are lost yearly due to alcohol-related crashes; and

Whereas, Ongoing efforts to raise awareness about the dangers of drunk driving and reduce the incidences of drunk driving and the attendant injuries and deaths have been effective. For example, fatal crashes involving alcohol have decreased from a peak of 63 percent of all fatalities to 30 percent currently. However, despite best efforts, it is estimated that those arrested for first-time drunk driving charges have on average driven drunk 87 times prior to being arrested; and

Whereas, Michigan has seen a significant decline in the number of alcohol-related traffic deaths, due in no small part to the efforts of MADD and Students Against Drunk Driving (SADD). From a high of greater than 870 individual deaths per year now down to about 325 per-year alcohol-related traffic deaths in our state, these two organizations have helped to save hundreds of thousands of lives; and

Whereas, Despite these and other efforts to eliminate drunk driving, perpetrators persist. Their victims are often innocent bystanders or occupants of a random passing vehicle. If by continuing to make public the issue and shedding light on the problem we can help save lives and recognize the suffering of victims, as well as their surviving relatives and friends, then perhaps some slight positive can be taken from the grief and horror arising from these senseless acts; now, therefore, be it

Resolved by the Senate, That March 16, 2010, be commemorated as a Day of Remembrance for Victims of Drunk Drivers in Michigan. May the families and friends of those lost to drunk drivers know of our deep sense of outrage for the senselessness of their loss and of our commitment to keep the memories of their loved ones alive on this day and for the rest of the year; and be it further

Resolved, That copies of this resolution be transmitted to the state offices of Mothers Against Drunk Driving and Students Against Drunk Driving with our thanks for their continuing efforts.

Senators Allen, Anderson, Barcia, Basham, Birkholz, Bishop, Brater, Brown, Cherry, Clark-Coleman, Clarke, Cropsey, Garcia, George, Gilbert, Gleason, Hardiman, Hunter, Jacobs, Jansen, Jelinek, Kuipers, McManus, Nofs, Olshove, Pappageorge, Prusi, Richardville, Sanborn, Scott, Stamas, Van Woerkom and Whitmer were named co‑sponsors of the resolution.

Senate Resolution No. 115.

A resolution to memorialize the President of the United States and the United States Congress to ensure that local businesses located in Michigan and their employees be the primary beneficiaries of the American Recovery and Reinvestment Act funds appropriated to Michigan to stimulate the economy and create jobs.

The question being on the adoption of the resolution,

Senator Cropsey requested the yeas and nays.

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

The resolution was adopted, a majority of the members voting therefor, as follows:

Roll Call No. 114 Yeas—37

Allen Clark-Coleman Jacobs Patterson

Anderson Clarke Jansen Prusi

Barcia Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Nofs Switalski

Brown Hardiman Olshove Van Woerkom

Cassis Hunter Pappageorge Whitmer

Cherry

Nays—0

Excused—1

Thomas

Not Voting—0

In The Chair: President

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

The motion prevailed.

Senator Gleason’s statement is as follows:

I begin my remarks by thanking the Appropriations Committee for taking this effort up in a timely fashion. I would like to thank the chairperson, in particular, for his effort and all the members of the Appropriations Committee who looked upon this issue in these serious times of high unemployment for the Michigan state workers.

Many times we have resolutions that come before this body. I think it would be somewhat difficult to find a more appropriate resolution than what we are addressing here today. We have heard, seen, and read about Michigan workers being left behind in these tough economic times as well. These are historic times for Michigan workers. We should do all we can as representatives of those workers, contractors, and businesses to make sure that the money is available—that it goes to the local recipients.

It has come to my attention that Genesee County was the recipient of Recovery money; yet, those who had the ability to make a decision to put our contractors, workers, suppliers, and vendors to work chose a different path. That is why I think it is important that we pass this resolution.

We are leaving too many Michigan workers behind in our state who should be receiving this money. Receiving the money means a paycheck. This should be a bipartisan effort, but upon working with those in the process—both in the majority and minority caucuses—it has come to light that we not only lost opportunities in our state to put state workers to work in our counties, but we, indeed, had lost the ability to hire Michigan workers to foreign lands.

We understand the new interest in green energy in this state. I think that we can be using those stimulus dollars here in this state to rejuvenate old plants to reinvigorate a new generation of workers. That has not been the course that we have chosen to take. In my county, one of the highest unemployment regions in the whole country, a board decision was made to send the money outside of our county. I don’t want that to happen in my county anymore, and I don’t want it to happen in yours. But it did and it shouldn’t.

When I get news that we spend stimulus dollars dedicated to Michigan and American workers, and we send it overseas, China starts receiving our tax dollars. I reflect back to when we put together the Cash for Clunkers and Americans and Michiganians were put at odds. Many of the top vehicles that were purchased did not support American domestic products or American workers, but many foreign vehicles were made and sold to Michiganian families and American families as well. I think this is a vitally-important resolution. I wish that we could handle this as a chamber itself. That is how important I think this is to put Michigan workers to work.

The quality of our Michigan workers is being diminished because they are not being able to demonstrate their trade because of the high unemployment. This is a very personal issue. The high-skilled workers in our state who belong to trade unions—and those who do not belong to unions—can be recipients of this money. This shouldn’t be a union-nonunion fight. This shouldn’t be a Genesee County-Clinton County fight. This should be a fight for Michigan workers no matter where they are. If my area qualifies for stimulus dollars because of the high unemployment rate, the workers, contractors, vendors, and suppliers should be receiving this money.

I ask that we join our voices together in a unified effort to say Michigan workers will be first no matter where they live.

Introduction and Referral of Bills

Senators Switalski and Gilbert introduced

Senate Bill No. 1221, entitled

A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), section 105 as amended by 2003 PA 306 and section 121 as amended by 1997 PA 135.

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

Senator Whitmer introduced

Senate Bill No. 1223, entitled

A bill to amend 1975 PA 46, entitled “An act to create the office of the legislative corrections ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of corrections; and to provide remedies from administrative acts,” by amending section 5 (MCL 4.355).

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

Senator Whitmer introduced

Senate Bill No. 1224, entitled

A bill to amend 1967 PA 270, entitled “An act to provide for the collection, reporting, and release of certain information or data relating to health care research or education, patient safety, health care entities, practitioners, or professions, or certain governmentally funded programs; to limit the liability with respect to the collection, reporting, and release of certain information or data; and to safeguard the confidential character of certain information or data,” by amending section 2 (MCL 331.532), as amended by 1993 PA 86.

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

Senator Olshove introduced

Senate Bill No. 1225, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 4 (MCL 791.204), as amended by 2006 PA 172.

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

Senators Jansen, Gilbert and Kuipers introduced

Senate Bill No. 1226, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 20, 20d, 55, 65, 67a, 68, and 68c (MCL 38.20, 38.20d, 38.55, 38.65, 38.67a, 38.68, and 38.68c), sections 20 and 20d as amended by 2002 PA 93, section 55 as amended by 2004 PA 33, sections 65 and 68 as added by 1996 PA 487, section 67a as amended by 2004 PA 109, and section 68c as added by 2007 PA 95, and by adding sections 19j, 20i, 35, and 68d.

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

Senators Gilbert, Jansen and Kuipers introduced

Senate Bill No. 1227, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 4, 6, 7, 8, 25, 26, 41, 42, 43a, 43b, 43c, 61, 81, 84, 86, 87, 88, 89, and 91 (MCL 38.1304, 38.1306, 38.1307, 38.1308, 38.1325, 38.1326, 38.1341, 38.1342, 38.1343a, 38.1343b, 38.1343c, 38.1361, 38.1381, 38.1384, 38.1386, 38.1387, 38.1388, 38.1389, and 38.1391), section 4 as amended by 2008 PA 354, sections 6 and 7 as amended by 1995 PA 272, sections 8, 25, and 26 as amended by 1997 PA 143, section 41 as amended by 2007 PA 15, section 42 as amended by 1996 PA 268, section 43a as amended by 2007 PA 111, sections 43b, 81, 84, and 89 as amended by 1989 PA 194, section 43c as amended by 1998 PA 213, section 61 as amended by 2006 PA 158, and section 91 as amended by 2007 PA 110, and by adding sections 41b, 43e, 81b, 81c, and 84a and article 7.

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

House Bill No. 4986, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending sections 4 and 9 (MCL 207.774 and 207.779), section 4 as amended by 2009 PA 16 and section 9 as amended by 2005 PA 340.

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 Commerce and Tourism.

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.

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. 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 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.

Statements

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

The motion prevailed.

Senator Switalski’s statement is as follows:

I just wanted to thank all the members for passage of the memorial resolution, Senate Resolution No. 126, to establish a Day of Remembrance for Victims of Drunk Drivers. That day will be next week, Tuesday, March 16. It is the anniversary of the death of four high school students in my city of Roseville who were killed by a drunk driver. This proposal was made to me by two kids who knew those students—Ashley Lowry and Roger Allen, who were impacted by the death, as were many people in Roseville and the surrounding communities late last year in Macomb County. I want to thank everybody for co‑sponsoring and passing that. We should remember all victims of drunk drivers on that day and continue our efforts in Lansing and across this state to deal with this problem.

Senator Birkholz’s statement is as follows:

I was absent on Tuesday, March 9, because I was in Washington, D.C., working on Great Lakes issues. So for Roll Call No. 93, the amendment to Senate Bill No. 800, I would have voted “no.” On Roll Call No. 94, Senate Bill No. 800, I would have voted “yes.” On Roll Call No. 95, Senate Bill No. 1091, I would have voted “yes.” On Roll Call No. 96, the substitute to House Bill No. 4932, I would have voted “no.” On Roll Call No. 97, House Bill No. 4932, I would have voted “yes.” On Roll Call No. 98, Senate Bill No. 1030, I would have voted “yes.” On Roll Call No. 99, Senate Bill No. 1135, I would have voted “yes.”

Senator Scott’s statement is as follows:

Like the song says, “We all need somebody to lean on.” Our constituents lean on us and expect us to do what is best for them. In that sense, they are our extended families. We can’t always do everything they ask of us; just like we can’t always give our kids what they want. So we learn to do what they most need us to do. We learn to do what is best for them.

I believe that one of the things that we most need to do for the citizens of this great state—one thing that is among the best things we can do—is to pass legislation to reform auto insurance and create fair and affordable rates. Affordable auto insurance would eliminate one unnecessary hardship that too many people are dealing with right now. No one minds paying a bill if it’s reasonable. It’s the unfair, unreasonably-high bills that set our blood boiling.

Insurance is necessary, and it’s required. But it shouldn’t cost so much that people cannot afford it. Please work with me to pass the legislation we have introduced and bring fairness and affordable auto insurance rates to our hardworking Michigan citizens.

Senator Bishop’s statement is as follows:

I know oftentimes we watch what is going on at our great universities, especially down in Ann Arbor, for all the great athletic prowess that we see around the state and great victories that we have seen over the years. Often we forget about the things that happen locally. I just want to point out that the other night, Oakland University down in Rochester Hills, Michigan, secured the Summit League Championship with their eleventh straight win.

This is the winningest team in the history of the Summit League. They are 26-8 with their win over Indiana University-Purdue University Indianapolis—a very confusing team that they played; that is one team. They secured an automatic bid to the NCAA Championship, which is the second time they have done that. I want to congratulate the Oakland University Golden Grizzlies and Coach Kampe for a stellar year and making us all proud. I hope that we can all join together to express our gratitude to Coach Kampe for his leadership and the Oakland University Golden Grizzlies.

Senator Sanborn’s statement is as follows:

This is a supplemental statement to Oakland University’s great success, with Romeo’s own Blake Cushingberry, the nephew of Representative Cushingberry, playing for Oakland University and starring there. This is their second time in the last five years that they have been in the NCAA Tournament. This makes them officially the second-best basketball team in the state of Michigan.

Committee Reports

The Committee on Local, Urban and State Affairs reported

House Bill No. 5495, entitled

A bill to amend 1992 PA 147, entitled “Neighborhood enterprise zone act,” by amending section 12 (MCL 207.782), as amended by 2006 PA 661.

With the recommendation that the bill pass.

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

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Allen, Gleason and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Local, Urban and State Affairs reported

House Bill No. 5698, entitled

A bill to amend 1967 PA 288, entitled “Land division act,” by amending sections 102, 151, 172, 173, 198, 210, 224a, 229, 242, 244, 255b, 256, 257, and 290 (MCL 560.102, 560.151, 560.172, 560.173, 560.198, 560.210, 560.224a, 560.229, 560.242, 560.244, 560.255b, 560.256, 560.257, and 560.290), section 102 as amended by 1996 PA 591 and section 224a as amended by 1996 PA 219.

With the recommendation that the bill pass.

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

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Allen, Gleason and Basham

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Local, Urban and State Affairs submitted the following:

Meeting held on Tuesday, March 9, 2010, at 3:00 p.m., Room 110, Farnum Building

Present: Senators Van Woerkom (C), Allen, Gleason and Basham

Excused: Senator Birkholz

The Committee on Judiciary reported

Senate Bill No. 332, entitled

A bill to amend 1915 PA 123, entitled “An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits,” (MCL 565.451a to 565.453) by adding section 1d.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

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

The Committee on Judiciary reported

House Bill No. 4221, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2008 PA 406.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4222, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950a (MCL 600.2950a), as amended by 2001 PA 201.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 4248, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as added by 2007 PA 95.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Patterson, Stamas, Whitmer, Clarke and Basham

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, March 9, 2010, at 1:00 p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Cropsey, Patterson, Stamas, Whitmer, Clarke and Basham

Excused: Senator Sanborn

The Committee on Families and Human Services reported

Senate Bill No. 1100, entitled

A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1, 5, 5c, 5d, and 9 (MCL 722.111, 722.115, 722.115c, 722.115d, and 722.119), section 1 as amended by 2007 PA 217, section 5 as amended by 2007 PA 218, section 5c as amended by 2006 PA 580, section 5d as added by 2005 PA 133, and section 9 as added by 2002 PA 674.

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, Hardiman and Jacobs

Nays: None

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. 1101, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 5 and 13 (MCL 400.705 and 400.713), section 5 as amended by 1996 PA 194 and section 13 as amended by 2004 PA 281.

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, Hardiman and Jacobs

Nays: None

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. 1102, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20102, 20104, and 21313 (MCL 333.20102, 333.20104, and 333.21313), section 20102 as amended by 1990 PA 179.

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, Hardiman and Jacobs

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 Families and Human Services submitted the following:

Meeting held on Tuesday, March 9, 2010, at 2:30 p.m., Room 210, Farnum Building

Present: Senators Jansen (C), Hardiman and Jacobs

The Committee on Health Policy reported

Senate Bill No. 1115, entitled

A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 306 (MCL 331.1306), as amended by 1998 PA 62, and by adding section 308.

With the recommendation that the bill pass.

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

Thomas M. George

Chairperson

To Report Out:

Yeas: Senators George, Allen, Clarke and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

Senate Bill No. 1116, entitled

A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending sections 123 and 217 (MCL 450.2123 and 450.2217), section 123 as amended by 2008 PA 482, and by adding section 746.

With the recommendation that the bill pass.

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

Thomas M. George

Chairperson

To Report Out:

Yeas: Senators George, Allen, Clarke and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No. 4899, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5101, 5111, 5117, 5131, 5204, and 20191 (MCL 333.5101, 333.5111, 333.5117, 333.5131, 333.5204, and 333.20191), sections 5101, 5111, and 5117 as amended by 1994 PA 200, section 5131 as amended and section 5204 as added by 1997 PA 57, and section 20191 as amended by 1994 PA 419.

With the recommendation that the bill pass.

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

Thomas M. George

Chairperson

To Report Out:

Yeas: Senators George, Allen, Clarke and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No. 4901, entitled

A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 67b (MCL 791.267b), as added by 1996 PA 565.

With the recommendation that the bill pass.

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

Thomas M. George

Chairperson

To Report Out:

Yeas: Senators George, Allen, Clarke and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, March 10, 2010, at 3:06 p.m., Senate Hearing Room, Ground Floor, Boji Tower

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

Excused: Senators Patterson, Sanborn and Gleason

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Economic Development submitted the following:

Joint meeting held on Wednesday, March 10, 2010, at 8:30 a.m., Room 426, Capitol Building

Present: Senators Jansen (C), George and Anderson

Excused: Senators Stamas and Scott

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Community Colleges submitted the following:

Meeting held on Thursday, March 11, 2010, at 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Hardiman (C), Garcia and Clark-Coleman

Scheduled Meetings

Agriculture and Bioeconomy - Thursday, March 18, 8:30 a.m., Room 110, Farnum Building (373-1635)

Appropriations -

Subcommittees -

Economic Development and Economic Development and Regulatory Reform - Tuesday, March 16, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Judiciary and Corrections - Tuesday, March 16, 2:00 p.m., Rooms 402 and 403, Capitol Building (373-2768)

Natural Resources Department - Tuesday, March 16, 2:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Commerce and Tourism - Tuesday, March 16, 2:30 p.m., Room 100, Farnum Building (373-2413)

Economic Development and Regulatory Reform - Wednesday, March 17, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-7670)

Economic Development and Regulatory Reform and Economic Development Appropriations Subcommittee - Tuesday, March 16, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-7670)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 11:04 a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, March 16, 2010, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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