No. 54

STATE OF MICHIGAN

Journal of the Senate

97th Legislature

REGULAR SESSION OF 2013

Senate Chamber, Lansing, Thursday, June 6, 2013.

10:00 a.m.

The Senate was called to order by the President, Lieutenant Governor Brian N. Calley.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Ananich—present Hood—excused Pappageorge—present

Anderson—present Hopgood—present Pavlov—present

Bieda—present Hune—present Proos—present

Booher—present Hunter—excused Richardville—present

Brandenburg—excused Jansen—present Robertson—present

Casperson—present Johnson—present Rocca—present

Caswell—present Jones—present Schuitmaker—present

Colbeck—present Kahn—excused Smith—excused

Emmons—present Kowall—present Walker—present

Green—present Marleau—present Warren—present

Gregory—excused Meekhof—present Whitmer—present

Hansen—present Moolenaar—present Young—present

Hildenbrand—present Nofs—present

Pastor Aaron Vriesman of North Blendon Christian Reformed Church of Hudsonville offered the following invocation:

O Lord and God, Creator of all things in heaven and on earth, both visible and invisible, You who bring down the proud and give grace to the humble: Lord, You have given power to these leaders, each for a time. Lord, we ask that You would bless Your servants today and each day as they establish order, secure justice, and ensure liberty. Lord, may Your wisdom be with them.

Thank You for Your blessings, Lord, on this country and on this state. Lord, thank You for the prosperity and the security, the abundance and the freedom that we have which many people long for. Lord, we are very appreciative that it comes from You, and we want to say thank You.

Lord, there are decisions that need to be made today, and we ask that Your wisdom would be evident on this floor and in the minds of everyone who votes. Lord, we ask that You give guidance on things like funding the roads—how that should be done and where the money should come from. Lord, won’t You give guidance there. We ask that You would also give guidance on Medicaid and what to do about that. Lord, we pray that You would lead our people and our leaders in this state to do according to what is honorable and glorifying to You.

Most of all, we are thankful for Jesus Christ who came and died on the cross for our sins, and it is in His name that we pray. Amen.

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

Motions and Communications

Senator Johnson entered the Senate Chamber.

Senator Hopgood moved that Senator Young be temporarily excused from today’s session.

The motion prevailed.

Senator Hopgood moved that Senators Hunter, Gregory, Hood and Smith be excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senators Moolenaar and Pavlov be temporarily excused from today’s session.

The motion prevailed.

Senator Meekhof moved that Senators Kahn and Brandenburg be excused from today’s session.

The motion prevailed.

Senator Meekhof moved that rule 3.902 be suspended to allow the guests of Senators Nofs and Robertson admittance to the Senate floor, including the center aisle.

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

Senator Meekhof 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.

Senator Young entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 5:

House Bill Nos. 4355 4663 4664 4665 4666 4668 4669 4670 4671 4704 4708 4732

The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, June 5, and are available at the Michigan Legislature website:

Senate Bill Nos. 402 403 404 405 406 407 408 409 410 411 412

Senate Joint Resolution W

House Bill Nos. 4799 4800

Recess

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

The motion prevailed, the time being 10:05 a.m.

10:16 a.m.

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

During the recess, Senator Robertson introduced the Goodrich High School Girls Basketball Team, MHSAA Class B State Champions, and Head Coach Jason Gray; and presented them with a Special Tribute.

Coach Gray responded briefly.

During the recess, Senator Moolenaar entered the Senate Chamber.

Senator Meekhof moved that the Committee on Government Operations be discharged from further consideration of the following bill:

House Bill No. 4082, entitled

A bill to establish the Michigan Alzheimer’s association fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

Senator Meekhof moved that the Committee on Finance be discharged from further consideration of the following bill:

Senate Bill No. 150, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.

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

Senator Meekhof moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today:

House Bill No. 4082

Senate Bill No. 150

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

Messages from the Governor

The following messages from the Governor were received and read:

May 27, 2013

I respectfully submit to the Senate the following appointment to office:

Governor’s Traffic Safety Advisory Commission

Matthew M. Saxton of 9647 Bellevue Road, Battle Creek, Michigan 49068, county of Calhoun, representing local units of government, succeeding himself, is reappointed for a term expiring May 27, 2016.

May 30, 2013

I respectfully submit to the Senate the following appointment to office:

Hispanic/Latino Commission of Michigan

Osvaldo Rivera of 7361 Patton Street, Detroit, Michigan 48228, county of Wayne, succeeding David Acevedo, is appointed for a term expiring December 10, 2014.

May 31, 2013

I respectfully submit to the Senate the following appointment to office:

Michigan Freedom Trail Commission

Tamara C. Barnes of 3620 Pleasant Lake Road, Ann Arbor, Michigan 48103, county of Washtenaw, representing civil rights activists, succeeding Mary Ann Edmond, is appointed for a term expiring February 1, 2017.

Sincerely,

Rick Snyder

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Meekhof moved that consideration of the following resolution be postponed for today:

Senate Resolution No. 34

The motion prevailed.

Senate Resolution No. 65.

A resolution to commemorate June 2013 as the official start to the summer season in Michigan and reaffirm our commitment to the tourism industry in our state.

(This resolution was offered on June 4, rules suspended and consideration postponed. See Senate Journal No. 52, p. 852).

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Anderson, Bieda, Brandenburg, Hopgood and Kowall were named co‑sponsors of the resolution.

Senate Resolution No. 68.

A resolution of tribute offered to honor Orjiakor Isiogu upon the completion of his term on the Michigan Public Service Commission (MPSC).

The question being on the adoption of the resolution,

The resolution was adopted.

Senator Hansen was named co‑sponsor of the resolution.

Senator Pavlov entered the Senate Chamber.

Senators Hopgood and Richardville offered the following resolution:

Senate Resolution No. 69.

A resolution honoring and recognizing U.S. Representative John David Dingell, Jr., as the longest-serving member in the history of Congress.

Whereas, John D. Dingell, Jr., was born on July 8, 1926, in Colorado Springs, Colorado, to John and Grace Dingell, Sr. At the age of six, his father was elected to the U.S. House of Representatives to serve as the first representative in Michigan’s new 15th Congressional District, an event that would mark the beginning of more than eight consecutive decades of representation by the father and son duo; and

Whereas, After graduating from high school, John Dingell was drafted into World War II and rose to the rank of second lieutenant. Honorably discharged from the military in 1946, he went on to earn a Bachelor of Science degree in chemistry from Georgetown University and a law degree from the Georgetown University School of Law; and

Whereas, With the death of his father in 1955, John Dingell sought to continue his legacy in Congress. He defeated 13 challengers in the Democratic primary before handily winning the special election to serve out the remainder of his father’s unexpired term. Since then, he has been elected to 29 full two-year terms; and

Whereas, Continuing the efforts of his father, Congressman Dingell introduced a bill in his first full term in office to provide national health insurance, and he has proposed a national health insurance bill every Congress since. The Congressman also presided over the passage of Medicare. An author of the Food Safety Modernization Act signed into law in 2011, he helped champion the passage of this key legislation representing the first major overhaul of food safety laws in 70 years; and

Whereas, A passionate steward of our natural resources and the environment, Congressman Dingell’s influence is evidenced in our nation’s Ocean Dumping Act, Marine Mammal Protection Act, Endangered Species Act, Energy Policy and Conservation Act, Clean Water Act, and the Clean Air Act amendments of 1990. The Congressman also played a key role in the creation of the Detroit River International Wildlife Refuge and the River Raisin National Battlefield Park, and he remains a staunch defender of the Second Amendment right to bear arms; and

Whereas, Always cognizant of the Big Three automakers’ critical importance to our state and our country’s economy and to the livelihood of Michigan citizens, Congressman Dingell continues to be a dedicated advocate for the auto industry and its employees. In fact, he was vital to the passage of a federal loan guarantee bill in 1979 that prevented the Chrysler Corporation from a bankruptcy and the 2008-2009 loans to General Motors and Chrysler to help them restructure after being devastated by the national recession; and

Whereas, Congressman Dingell’s marked and honorable career includes nearly six decades of accomplishments, during which he cast more than 25,000 votes. Currently chairman emeritus of the Energy and Commerce Committee, he chaired that powerful committee from 1981 to 1994 and in 2007 and 2008. The Congressman also served as chairman of the Oversight and Investigations Subcommittee. In 2009, he became the longest-serving member of the U.S. House of Representatives and is respectfully and endearingly known as the Dean of Congress; now, therefore, be it

Resolved by the Senate, That we hereby honor and recognize John David Dingell, Jr., as the longest-serving member in the history of Congress as of June 7, 2013, with 20,997 days served; and be it further

Resolved, That a copy of this resolution be transmitted to Congressman John D. Dingell, Jr., his wife Deborah and his children, John, Christopher, Jeanne, and Jennifer, as evidence of our highest esteem and admiration for his tireless service and countless contributions for the betterment of this great state of Michigan.

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

Senator Meekhof moved that the rule be suspended.

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

The resolution was adopted.

Senator Meekhof moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.

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

Senators Hopgood, Warren and Anderson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Hopgood’s statement is as follows:

It gives me great pleasure to rise today to introduce Senate Resolution No. 69, honoring and recognizing Congressman John David Dingell who tomorrow becomes the longest-serving member in the history of Congress, with 20,997 days served. With the death of his father in 1955, John Dingell sought to continue his legacy in Congress. Continuing his father’s efforts, Congressman Dingell introduced a bill in his first full term in office to provide national health care insurance, and he has proposed a national health insurance bill in every session since. The Congressman has also presided over the passage of Medicare.

Senator Warren’s statement is as follows:

An author of the Food Safety Modernization Act signed into law in 2011, Congressman Dingell helped champion the passage of this key legislation, representing the first major overhaul of food safety laws in 70 years. A passionate steward of our natural resources and environment, Congressman Dingell’s influence is evidenced in our nation’s Clean Water Act, Clean Air Act, Ocean Dumping Act, Marine Mammal Protection Act, Endangered Species Act, and Energy Policy and Conservation Act.

Senator Anderson’s statement is as follows:

Always cognizant of the Big 3 automakers’ critical importance to our state, to our country’s economy, and the livelihood of Michigan citizens, Congressman Dingell continues to be a dedicated advocate for the auto industry and its employees. In fact, he was vital to the passage of a federal loan guarantee bill in 1979 that prevented the Chrysler Corporation from a bankruptcy and the 2008-2009 loans to General Motors and Chrysler to help them restructure after being devastated by the national recession.

It is our honor to stand before you today in recognition of this great public servant for his accomplishments, tireless service, and countless contributions for the betterment of this great state of Michigan.

By unanimous consent the Senate returned to the order of

General Orders

Senator Meekhof 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 Calley, designated Senator Casperson as Chairperson.

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

House Bill No. 4458, entitled

A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2010 PA 245.

House Bill No. 4459, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2012 PA 396.

House Bill No. 4460, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2012 PA 502.

House Bill No. 4461, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2012 PA 290.

House Bill No. 4462, entitled

A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending section 3 (MCL 125.2873), as amended by 2010 PA 242.

House Bill No. 4463, entitled

A bill to amend 1867 PA 35, entitled “Nonprofit street railway act,” by amending section 23 (MCL 472.23), as amended by 2008 PA 486.

House Bill No. 4464, entitled

A bill to amend 2010 PA 250, entitled “Private investment infrastructure act,” by amending section 3 (MCL 125.1873).

House Bill No. 4297, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2045, 74116, 74117, 74120, 78105, and 78119 (MCL 324.2045, 324.74116, 324.74117, 324.74120, 324.78105, and 324.78119), section 2045 as added by 2010 PA 32, sections 74116, 74117, and 74120 as amended by 2010 PA 33, and section 78105 as amended and section 78119 as added by 2010 PA 34.

House Bill No. 4439, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 805 (MCL 257.805), as added by 2010 PA 35.

House Bill No. 4592, entitled

A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending sections 7 and 9 (MCL 338.977 and 338.979), section 7 as amended by 1998 PA 300.

House Bill No. 4737, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 28a.

House Bill No. 4082, entitled

A bill to establish the Michigan Alzheimer’s association fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

Senate Bill No. 150, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.

The bills were 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:

House Bill No. 4591, entitled

A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending sections 6 and 7 (MCL 338.886 and 338.887), section 6 as amended by 1992 PA 130 and section 7 as amended by 2002 PA 205.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 150

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

Senator Hopgood moved that Senator Whitmer be excused from the balance of today’s session.

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 150, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2012 PA 154.

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. 234 Yeas—31

Ananich Green Kowall Richardville

Anderson Hansen Marleau Robertson

Bieda Hildenbrand Meekhof Rocca

Booher Hopgood Moolenaar Schuitmaker

Casperson Hune Nofs Walker

Caswell Jansen Pappageorge Warren

Colbeck Johnson Pavlov Young

Emmons Jones Proos

Nays—0

Excused—7

Brandenburg Hood Kahn Whitmer

Gregory Hunter Smith

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senators Brandenburg, Pappageorge, Robertson, Marleau and Colbeck introduced

Senate Bill No. 415, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4bb.

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

Senators Brandenburg, Pappageorge, Robertson, Marleau and Colbeck introduced

Senate Bill No. 416, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee.

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

Senator Moolenaar introduced

Senate Bill No. 417, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 209A.

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

House Bill No. 4355, entitled

A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 57 (MCL 559.157).

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 Regulatory Reform.

House Bill No. 4663, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36201 and 36202 (MCL 324.36201 and 324.36202), section 36201 as added by 2000 PA 262 and section 36202 as amended by 2004 PA 75.

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 Appropriations.

House Bill No. 4664, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2012 PA 432.

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 Appropriations.

House Bill No. 4665, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11525a (MCL 324.11525a), as amended by 2011 PA 149.

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 Appropriations.

House Bill No. 4666, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11108, 11130, 11135, 11153, 12103, 12109, and 12112 (MCL 324.11108, 324.11130, 324.11135, 324.11153, 324.12103, 324.12109, and 324.12112), section 11108 as amended by 2011 PA 150, section 11130 as amended by 2001 PA 165, and sections 11135, 11153, 12103, 12109, and 12112 as amended by 2011 PA 90.

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 Appropriations.

House Bill No. 4668, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43502, 43510, 43513, 43514, 43516, 43520, 43524, 43528, 43528a, 43528b, 43529, 43531, 43532, 43533, 43535, 43536, 43536a, 43537, 43541, 43544, 43547, 43553, 43554, and 43558 (MCL 324.43502, 324.43510, 324.43513, 324.43514, 324.43516, 324.43520, 324.43524, 324.43528, 324.43528a, 324.43528b, 324.43529, 324.43531, 324.43532, 324.43533, 324.43535, 324.43536, 324.43536a, 324.43537, 324.43541, 324.43544, 324.43547, 324.43553, 324.43554, and 324.43558), section 43502 as amended by 2006 PA 282, sections 43510, 43513, and 43516 as amended by 2006 PA 433, sections 43514 and 43554 as added by 1995 PA 57, sections 43520 and 43531 as amended by 2011 PA 120, section 43524 as amended by 2012 PA 81, section 43528 as amended by 2009 PA 70, section 43528a as added by 2010 PA 366, section 43528b as added by 2012 PA 520, sections 43529, 43535, 43536, 43541, 43544, 43547, and 43558 as amended by 1996 PA 585, sections 43532 and 43533 as amended by 2010 PA 29, section 43536a as amended by 2013 PA 21, section 43537 as amended by 2012 PA 339, and section 43553 as amended by 2006 PA 280, and by adding sections 43523a, 43523b, 43525b, 43527a, 43527b, 43531b, 43532a, and 43545; 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 Appropriations.

House Bill No. 4669, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81116 (MCL 324.81116), as amended by 2012 PA 28.

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 Appropriations.

House Bill No. 4670, entitled

A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending sections 18 and 19 (MCL 30.418 and 30.419), sections 18 and 19 as amended by 1990 PA 50.

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 Appropriations.

House Bill No. 4671, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 408 (MCL 484.1408), as amended by 2011 PA 146.

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 Appropriations.

House Bill No. 4704, entitled

A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” by amending sections 16 and 18 (MCL 141.436 and 141.438), as amended by 2000 PA 493.

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 Government Operations.

House Bill No. 4708, entitled

A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 5 (MCL 29.472 and 29.475).

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 Appropriations.

House Bill No. 4732, entitled

A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a and 10 (MCL 125.1502a and 125.1510), section 2a as amended by 2012 PA 103 and section 10 as amended by 1999 PA 245.

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 Agriculture.

Statements

Senators Bieda, Young and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Bieda’s statement is as follows:

Today is the 69th anniversary of the D-Day invasion which was the start of the Battle of Normandy, which lasted from June 1944 to August 1944, resulted in the Allied liberation of Western Europe from Nazi Germany’s control. Code-named Operation Overlord, the battle began on this date 69 years ago, when some 156,000 American, British, and Canadian forces landed on five beaches along a 50-mile stretch of the heavily-fortified coast of France’s Normandy region.

The invasion was one of the largest amphibious military assaults in history and required extensive planning. Prior to D-Day, the Allies conducted a large-scale deception campaign designed to mislead the Germans about the intended invasion target. By late August 1944, all of northern France had been liberated, and by the following spring, the Allies had defeated the Germans. The Normandy landings have been called the beginning of the end of World War II in Europe.

A moment of silence was observed in honor of the 69th anniversary of D-Day, World War II veterans, and American Allies.

Senator Young’s statement is as follows:

Mr. President, I would like to begin with a quote: “The government proceeds directly from the people if ordained in and established in the name of the people. Its powers are granted by them and are to be exercised directly on them and for the people.” Justice John Marshall. Mr. President, in other words, the government does not grant rights; it guarantees them. The government does not provide rights; it protects them. The government does not decide rights; it ensures them for the people.

Mr. President, the bottom line, when you have the EM come in, he is literally deciding whether or not people should be able to have certain rights. He is saying that you have a right to fiscal accountability, but you don’t have the right to democracy. You have the right to be able to have certain services provided for you, but you don’t have the right for government to be able to address your concerns. You have the right to police protection; you have the right to fiscal accountability, but you don’t have the right to be able to know how that happens or have a say-so in how that goes down. Mr. President, that is undemocratic. That is against what our Founding Fathers put the Constitution together for in the first place.

Our power is derived from the people. We cannot just go in there and unilaterally decide what they should deserve, what government they should get, or the decisions that should be made. That is something that the people have to be involved in. There is a mayoral debate going on right now in the city of Detroit—it’s all over the news. My thought about that is what is the purpose of them going through the process—the grueling, hard, physically-exerting, and demanding process of an election? For them to get in there and ask someone who wasn’t elected by the people, who can’t be held accountable to the people, and who won’t even give the people information that they deserve about their government, to override their decisions and say we know what’s best for you? After this DIA fiasco, clearly, no you don’t. This is a slap in the face of my constituency.

Last month, there were over 100 people shot in the city of Detroit. These are serious issues, life and death concerns that my community is facing on a normal-day basis. They deserve to have government that is responsive to them and should be able to know what is going on. Mr. President, with all due respect to you and the Governor, when you tell my people and constituency that you are going to come in and provide for relief and a better quality of life for them, and the first move you make is to close the State Police post, your words are not matching up with your actions. It’s causing hysteria within my community.

Bottom line, Mr. President, the rights of the people is something that cannot be taken away. Privileges are given, but rights are owned. The right to vote is something that is guaranteed by our Constitution and is something that should be owned by the people, and we have the right to voice our votes. Don’t take it away.

Senator Colbeck’s statement is as follows:

My good colleague from the 1st District continues the trend talking about our country as a democracy and to start talking about where our rights come from. I would just like to recalibrate, folks, as to what our founding documents say in that regard. In our Declaration of Independence, we believe that we are endowed by our Creator with certain unalienable rights, that among these are the right to life, liberty, and the pursuit of happiness and that government as is in our Constitution is instituted by the people, under the consent of the governed.

Now when we go further into that, we actually look at that Constitution, go to Article 4, Section 4 of the U.S. Constitution, and it states that and we’re given a republican form of government. Why is that important? Because we are a nation of laws, and we are not simply a matter of casting your vote as if you were a democracy. That is very important. It’s so important that Founding Father Benjamin Franklin once said that democracy is like two wolves and a sheep voting on what’s for lunch.

My colleagues, our system of government is one of the most fundamental understandings that we should have as legislators. I would just encourage everyone to understand exactly what our system of government is.

Committee Reports

The Committee on Education reported

Senate Bill No. 74, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310b (MCL 380.1310b), as added by 2011 PA 241.

With the recommendation that the bill be referred to the Committee on Judiciary.

Phillip J. Pavlov

Chairperson

To Report Out:

Yeas: Senators Pavlov, Emmons and Colbeck

Nays: None

The bill was referred to the Committee on Judiciary.

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Wednesday, June 5, 2013, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Pavlov (C), Emmons, Colbeck, Hopgood and Young

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, June 5, 2013, at 4:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Booher (C), Jansen, Green, Moolenaar, Hood and Anderson

Excused: Senator Schuitmaker

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources, Environment and Great Lakes submitted the following:

Meeting held on Thursday, June 6, 2013, at 8:30 a.m., Room 210, Farnum Building

Present: Senators Casperson (C), Pavlov, Green, Kowall, Meekhof and Warren

Excused: Senator Hood

COMMITTEE ATTENDANCE REPORT

The Subcommittee on K-12, School Aid, Education submitted the following:

Joint meeting held on Thursday, June 6, 2013, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Walker (C), Caswell, Pappageorge and Hopgood

Scheduled Meetings

Economic Development - Friday, June 7, 10:00 a.m., Frederik Meijer Gardens, Garden View Room, 1000 East Beltline Avenue, N.E., Grand Rapids (373-5323)

Natural Resources, Environment and Great Lakes - Tuesday, June 11, 8:30 a.m., Room 210, Farnum Building (373-5323)

Senator Meekhof moved that the Senate adjourn.

The motion prevailed, the time being 11:00 a.m.

The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, June 11, 2013, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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