No. 59

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Wednesday, June 14, 2006.

10:00a.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 Patterson--present

Barcia--present George--present Prusi--present

Basham--present Gilbert--present Sanborn--present

Birkholz--present Goschka--present Schauer--present

Bishop--present Hammerstrom--present Scott--present

Brater--present Hardiman--present Sikkema--present

Brown--present Jacobs--present Stamas--present

Cassis--present Jelinek--present Switalski--present

Cherry--present Johnson--present Thomas--present

Clark-Coleman--present Kuipers--excused Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present Whitmer--present

Emerson--present Olshove--present

Pastor Wayne Schmidt of Kentwood Community Church of Kentwood offered the following invocation:

Our heavenly Father, we come before You today thankful for the leadership of those in this room.

Proverbs 8:15, "By wisdom leaders make laws that are just," and so we pray for their wisdom today so that the legislation created will be just.

Proverbs 10:11, "When the righteous prosper the city rejoices. Through the blessings of the upright a city is exalted." So we pray that our leaders will be righteous and upright so that our state can be blessed and exalted.

Proverbs 11:14, "For a lack of guidance a nation falls. But many advisers make victory sure." We pray that they will listen to each other today and learn from each other.

Proverbs 19:6, "Many curry favor with the ruler. And everyone is the friend of one who gives gifts." We pray that they will use their power wisely and will not be misled by those who are simply trying to use them for their advantage.

Proverbs 21:1, "The king's heart is in the hand of the Lord. He directs like a water course wherever he pleases." So I pray that this day and every day these our leaders will place their hearts and lives in the hands of the Lord and might benefit from Your direction.

In Jesus' name. Amen.

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

Motions and Communications

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

Senate Bill No.246

The motion prevailed.

Senator Hammerstrom moved that Senators George, Garcia and Goschka be temporarily excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that Senator Kuipers be excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No.6110

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

Senators Brater, Goschka and George entered the Senate Chamber.

Senator Schauer moved that Senator Emerson be temporarily excused from today's session.

The motion prevailed.

Senator Emerson entered the Senate Chamber.

Senators Sikkema, Schauer, Hammerstrom, Johnson, Emerson, Cassis and Toy asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Sikkema's statement is as follows:

Mr.President, members, and guests, you know, change is the order of things today--in society, in our personal lives, and in our professional lives as well. We all have to learn how to deal with it and manage it, but I think it is also true that some change is harder than others.

As you know, my chief of staff, Suzanne Miller Allen, is leaving to take a job in the private sector. She has been with me, in fact, has been my chief of staff for ten years: first as House Republican Leader, then four years in the Senate, and of course, the last four years as the Senate Majority Leader. She has been with me through all the ups and downs, through the trials and tribulations; literally, hundreds of different issues and situations and certainly has seen with me through the good, the bad, and the ugly. I am not referring to legislators; I was referring to issues. There are far too many war stories to tell or to bore you with, but when you go through all of that with someone, I think particularly, kind of been in a leadership situation, as I have said, seen it all, been in the minority in the House, majority here in the Senate--when someone has gone through that with you, it forms a unique bond that is truly different than any other. It has its own special closeness and uniqueness that is unlike any other, and for all my days, I will treasure it. I will always feel it and I will never forget it.

I think it is also important to mention that because of Suzanne's role as chief of staff for me, many, many people in this room, people who are listening to this, and many others untold have been touched by her energy, her intelligence, her helpfulness, and her grace. She has solved a lot of problems. She has run interference for a lot of people in this room. She has taken a lot of arrows, most meant for me, and just in a kind of parlance of the day, got her job done, day in and day out for many years. Her loyalty, her work ethic, her problem-solving skills, her ability to say "no" in a graceful way, and her grace under pressure sets a standard for all of us legislators, staff, and stakeholders alike, the likes of which we will not see for a long time. I could keep going, but I am not sure words are going to truly express the gratitude that I feel, the affection that I feel for her, but more importantly, words are not going to rise to the significance of her contributions to the Legislature and to the state of Michigan. I think I should end them and acknowledge their inadequacy.

I have a presentation that I would like to make to Suzanne. I would like to mention that her family is here--her mother and father, Jason's mom and dad, and of course, Meredith and Amanda. I do have a presentation. This is a photo that I actually asked Mike Quillinan, the House photographer, to take of the first floor hallway. The reason I had this photo taken is that it represents for me, and I hope for Suzanne, not just the pathway that we have trod over the last four years--a lot of trips down this hallway to the Speaker's office; a lot of trips to the Governor's office; not a few to the chairman of the Appropriations Committee's office. Hopefully, it also represents the pathways that Suzanne and I have trod over ten years when we were in the Romney Building as House Republican Leader crossing the street to the Capitol; when we were in the Farnum Building, my first four years here in the Senate, to this chamber; and then, of course, the last four years as Majority Leader.

Like I said, words seem small in comparison to her contributions. I guess in the words of the '60s pop song, "To Sir With Love: If I could write across the sky in letters a thousand feet high, I would say thank you."

Senator Schauer's statement is as follows:

Majority Leader Sikkema really said it all, so I will be very brief. I rise on behalf of our leadership and all of the members of the Senate Democratic Caucus in thanking Suzanne Miller Allen for her work with our members and with our caucus.

Suzanne Miller Allen has helped all of us serve our constituents better and serve the people of our state better. I hope that picture will remind you of some trips to Senator Emerson's office to meet with Bob or Cindy Peruchietti, which I know you did often. They have enjoyed an incredibly positive relationship with you, Suzanne. We thank you for your professionalism and your commitment. To you and your family, I know that your stress level will have dropped by half, if not more, and I wish you best wishes professionally and personally.

Senator Hammerstrom's statement is as follows:

I, too, would like to offer congratulations to Suzanne. We go back way far--actually, Ken, farther than you do--when she was a young Republican organizing other college Republicans to go to the presidential conference. We go way back. It has been a pleasure to see her achieve so much success in her life--to be married, to have her kids, and now to move on to newer and different things.

Suzanne, congratulations! It has been fun to watch you all these years.

Senator Johnson's statement is as follows:

I want to thank you, Suzanne, personally for all your contributions to my efforts of confusion on Appropriations. There is, without question, the gap that you will leave in this system the size of the Grand Canyon. You are a remarkable woman who has an extraordinary talent. You have the unique ability of forcing a group of people all thinking in different directions, forcing us to focus and come together and resolve our problems. You have done a remarkable job. I wish you would stay until we were done.

Senator Emerson's statement is as follows:

I am sorry I was not here for the beginning of this love fest. I arrived a little late, but I could not resist getting up to tell Suzanne how much we have enjoyed working with you. I know my staff really has enjoyed your professionalism and the camaraderie that we have shared over the years. I remember when she used to work for good people like Paul Hillegonds. It even brought a little touch of humanity to the current office. We do appreciate everything that she has added to the process, and unlike the previous speaker, I don't blame you for leaving early. I wish I could go today too.

Senator Cassis' statement is as follows:

We all have wonderful, special memories of knowing Suzanne. When I was first elected after being, really, kind of pushed by my then-State Representative, State Senator Bill Bullard, the first person I was encouraged to meet was Suzanne Miller Allen. What a happy day that was for me. There is no one whom I can think of who exemplifies the term "multitasker bar none." She is someone who has shown remarkable leadership without the glory--never seeking the glory. She has a husband who adores her and two glowing children. We have watched them with pride--Jason coming to the Legislature, joining all of us, watching the children grow--future politicians all.

Suzanne, your grace, your style, your being a peacemaker is bar none. I am glad you won't be very far from us. We can find you and attach again.

You know, Dr.Seuss wrote a book just before he passed on. It is called Oh, the Places You'll Go! Today, indeed, is a commencement and a beginning--all the places you will go.

Our love to you and your entire family. God bless you. Godspeed.

Senator Toy's statement is as follows:

I rise very quickly to just say hello and good-bye and hello again to a very good friend. It is not often we come across talent like this in politics. I have been in politics some thirty-five years--I won't say any longer than that--and I have met a lot of people along the way. I tell you, I have not met such an extraordinary, talented individual, especially a woman who is willing to help old broads as well as young broads. God bless you, Suzanne, and thanks for all your help.

Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senator Clarke admittance to the Senate floor, including the center aisle.

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

Senator Hammerstrom moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.

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

Recess

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

The motion prevailed, the time being 10:25a.m.

10:35a.m.

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

During the recess, Senator Clarke introduced Detroit Duffield Elementary and Middle School Chess Team, National Chess Tournament Champions, Head Coach Kevin Fite, and Parent Coordinator Sherman Redden, and presented them with a Special Tribute.

Coach Fite and Mr.Redden responded briefly.

Senator Garcia entered the Senate Chamber.

Senator Patterson moved that Senator Allen be temporarily excused from the balance of today's session.

The motion prevailed.

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, June 13:

House Bill No. 6075

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senator Hammerstrom moved that consideration of the following bills be postponed for today:

Senate Bill No.875

Senate Bill No.538

Senate Bill No.693

Senate Bill No.816

Senate Bill No.817

The motion prevailed.

Senate Bill No.541, entitled

A bill to regulate the transfer of structured settlement rights; to place conditions on the transfer of structured settlement rights; to establish a procedure for approval of transfer of structured settlement rights; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No.1172, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 301, 401, and 717 (MCL 484.1301, 484.1401, and 484.1717), section 301 as amended by 1994 PA 29, section 401 as amended by 1999 PA 81, and section 717 as added by 1999 PA 79, and by adding section 413.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pursuant to rule 3.202, the bill was laid over one day.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Hammerstrom 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 Stamas as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Birkholz, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No.4849, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2512 (MCL 339.2512), as amended by 2002 PA 42, and by adding section 2512d.

House Bill No.4850, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2517 (MCL 339.2517), as amended by 2000 PA 436.

House Bill No.5324, entitled

A bill to amend 1988 PA 161, entitled "Consumer financial services act," by amending sections 2, 5, 6, and 10g (MCL 487.2052, 487.2055, 487.2056, and 487.2060g), section 2 as amended and section 10g as added by 2002 PA 390 and sections 5 and 6 as amended by 1999 PA 275.

House Bill No.5328, entitled

A bill to regulate the money transmission services business; to require the licensing of persons engaged in providing money transmission services; to prescribe powers and duties of certain state agencies and officials; to prescribe penalties and provide remedies; and to repeal acts and parts of acts.

House Bill No.5329, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14p of chapter XVII (MCL 777.14p), as added by 2002 PA 29.

Senate Bill No.1296, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1146 (MCL 380.1146).

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.6035, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2006 PA 117.

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.1260, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 21502, 21503, 21506a, and 21552 (MCL 324.21502, 324.21503, 324.21506a, and 324.21552), section 21502 as amended and sections 21506a and 21552 as added by 2004 PA 390 and section 21503 as amended by 1996 PA 181.

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:

House Bill No.6110, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act,"(MCL 324.101 to 324.90106) by adding section 74126.

Substitute (S-3).

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.

During the Committee of the Whole, Senator Allen entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Hammerstrom 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:

House Bill No.6110

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

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

Senate Bill No.1127

House Bill No.5061

House Bill No.6110

The motion prevailed.

The following bill was read a third time:

Senate Bill No.1127, entitled

A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 2002 PA 150.

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.511 Yeas--34

Allen Cropsey Johnson Scott

Barcia Garcia Leland Sikkema

Basham George McManus Stamas

Birkholz Gilbert Olshove Switalski

Bishop Goschka Patterson Thomas

Brown Hammerstrom Prusi Toy

Cherry Hardiman Sanborn Van Woerkom

Clark-Coleman Jacobs Schauer Whitmer

Clarke Jelinek

Nays--3

Brater Cassis Emerson

Excused--1

Kuipers

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.1127.

Senator Cassis' statement is as follows:

This bill dealt with purchasing new road signs for our highways. This Legislature, in my mind, should not sign blank checks since we don't know yet how much this is going to cost the taxpayers.

How many signs will be required? With what frequency will the signs be placed on our highways? Where is the clear and present danger? Where is the documentation? Too many unanswered questions seem to exist to proceed with new spending when we might better show restraint in these very difficult times.

The following bill was read a third time:

House Bill No.5061, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," (MCL 30.401 to 30.421) by amending the title, as amended by 1990 PA 50, and by adding section 11a.

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.512 Yeas--37

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--1

Kuipers

Not Voting--0

In The Chair: Birkholz

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 provide for planning, mitigation, response, and recovery from natural and human-made disaster within this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; to repeal certain acts and parts of acts; and to repeal certain parts of the act,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.6110, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74126.

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.513 Yeas--37

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--1

Kuipers

Not Voting--0

In The Chair: Birkholz

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.

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 rise in support of House Bill No.6110. I also rise to thank the whole committee for their review of this important topic and also in looking to lay out ways in which we might provide further naming opportunities. As it relates to this particular bill, I know, personally, Fred and Lena Meijer. They're wonderful members of our community and the broader community. They have made numerous contributions and I believe should be recognized not only for this contribution, but for their many contributions related to their entrepreneurship and also their philanthropy. They are a very unassuming couple. My wife Clova and I were out visiting a home show and looked over and saw this nice, friendly, normal-looking, unassuming senior couple, and behold, it was our friends, Fred and Lena Meijer. They're warm and gracious, very giving. I do support this, House Bill No.6110, with a bit of a gratitude for the Meijers.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No.71

The motion prevailed.

Senate Concurrent Resolution No.46.

A concurrent resolution to increase the total project cost of the Instructional Addition/Renovation project at Alpena Community College.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senate Concurrent Resolution No.47.

A concurrent resolution to revise the total project cost and to revise the scope of the Department of Transportation Cadillac Transportation Service Center project.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senate Concurrent Resolution No.48.

A concurrent resolution to increase the total project cost and to revise the scope of the Information Technology Center/Renovation project at Southwestern Michigan College.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senate Concurrent Resolution No.49.

A concurrent resolution approving a lease among the State of Michigan, the State Building Authority, and the Community College District of Gogebic County relative to the Community College District of Gogebic County Special Maintenance projects.

The Assistant Secretary of the Senate made the following statement:

Madam President and members of the Senate, the lease and exhibits are attached to the resolution and are available forreview by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

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

Roll Call No.514 Yeas--37

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--1

Kuipers

Not Voting--0

In The Chair: Birkholz

Senate Concurrent Resolution No.50.

A concurrent resolution approving a lease among the State of Michigan, the State Building Authority, and Lake Superior State University relative to the Lake Superior State University Special Maintenance projects.

The Assistant Secretary of the Senate made the following statement:

Madam President and members of the Senate, the lease and exhibits are attached to the resolution and are available forreview by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

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

Roll Call No.515 Yeas--37

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--1

Kuipers

Not Voting--0

In The Chair: Birkholz

Senator Thomas offered the following resolution:

Senate Resolution No.150.

A resolution to memorialize the Congress of the United States and the United States Department of Education to require the testing of students on social science and civics literacy.

Whereas, While it has always been a key part of the education process, testing has become central to the effort to increase the academic skills of our young people. The effort to prepare them for a competitive world that demands excellence has led Michigan to develop testing programs to monitor and encourage progress in all subject areas, including social studies; and

Whereas, As the federal government addresses the overall quality of education in our country, it is most appropriate that policymakers remain mindful of the fundamental value of civics and social studies programs. Federal requirements for testing to measure and encourage progress in social science and civics literacy will go a long way to fostering in the rising generations greater appreciation for the responsibilities of citizenship; and

Whereas, While achievements in subject areas like mathematics and science are clearly of great importance to the future of our young people and our nation, the challenges and responsibilities of citizenship are critical to the quality and endurance of our democracy; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States and the United States Department of Education to require the testing of students on social science and civics literacy; 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, the members of the Michigan congressional delegation, and the United States Secretary of Education.

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

Senator Hammerstrom 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 Hammerstrom moved that the resolution be referred to the Committee on Education.

The motion prevailed.

Senator Hammerstrom offered the following concurrent resolution:

Senate Concurrent Resolution No.52.

A concurrent resolution to increase the total project cost of the Information Technology Center and Center for Health Professions Renovation project at Jackson Community College.

Whereas, The Information Technology Center and Center for Health Professions Renovation project was authorized in 2005 PA 297 with a total project cost of $16,500,000; and

Whereas, Jackson Community College has estimated that the total cost to complete the Information and Technology Center and Center for Health Professions Renovation project has increased to $17,300,000; and

Whereas, Jackson Community College has agreed to fund the increase in the project cost of $800,000, with the state commitment remaining at $7,500,000; and

Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the Jackson Community College Information Technology Center and Center for Health Professions Renovation project to an amount not to exceed $17,300,000 (State Building Authority share $7,499,800 and the State General Fund/General Purpose share $200, and Jackson Community College share $9,800,000) and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

Resolved, That this revision to the cost of the Jackson Community College Information Technology Center and Center for Health Professions Renovation project will not go into effect until approved by the Joint Capital Outlay Subcommittee; and be it further

Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and Jackson Community College.

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

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

The motion prevailed.

Senators Schauer and Switalski were named co-sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator Kuipers introduced

Senate Bill No.1303, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2201, 2202, 2203, 2204, 2205, 2208, 2209, 2210, and 2211 (MCL 339.2201, 339.2202, 339.2203, 339.2204, 339.2205, 339.2208, 339.2209, 339.2210, and 339.2211), section 2204 as amended by 1981 PA 83 and sections 2205 and 2209 as amended by 1988 PA 463, and by adding section 2202a.

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

Senator Kuipers introduced

Senate Bill No.1304, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 15 (MCL 338.2215), as amended by 2003 PA 87.

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

Senators Thomas, Kuipers, Clark-Coleman and Cropsey introduced

Senate Bill No.1305, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," (MCL 37.2101 to 37.2804) by adding section 404a.

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

Senators Clark-Coleman, Scott, Leland, Thomas, Jacobs, Switalski, Schauer, Basham, Brater, Emerson, Whitmer and Barcia introduced

Senate Bill No.1306, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1147 and 1561 (MCL 380.1147 and 380.1561), section 1561 as amended by 1996 PA 339.

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

Senators Bishop, Kuipers, Goschka, Cropsey and Hardiman introduced

Senate Bill No.1307, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 3 (MCL 205.93), as amended by 2004 PA 172.

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

Senators Hardiman, Kuipers, Jelinek, Van Woerkom, Goschka, Cropsey, Allen and Birkholz introduced

Senate Bill No.1308, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 2004 PA 576.

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

House Bill No.6075, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 184 (MCL 259.184), as amended by 1996 PA 370.

The House of Representatives has passed the bill.

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

Statements

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

The motion prevailed.

Senator Patterson's statement is as follows:

I make these remarks under Statements not to just hear myself speak, but because I feel passionately about correcting the record so as to clear away all innuendo and all misunderstanding over the philanthropic motivation and the donative intent of Mr.Frederik Meijer and the Meijer Foundation. In no way should Mr.Meijer's name and reputation be negatively impacted due to the clumsily, nee crass, and defamatory testimony offered by a state employee that misled a Senate committee yesterday into believing that an exchange, a quid pro quo, was involved. It was not and the record must be clear in that regard.

The gift was not only generous, but the motivation was pure.

Senator Scott's statement is as follows:

This is from Hamtramck regarding auto insurance: "I called a company for a quote on auto insurance. The quote was twice what my friend in White Lake, via the same company, is paying for the same auto insurance. We both have clean records, are about the same age, both have good credit and so forth."

This one is from Detroit: "I have had no accidents. I have unaffordable AAA no-fault, only $300 monthly, two vehicles, 1993 and a 1994. How many legislators are receiving campaign donations from the insurance and banking industry? It is extremely unfair to legislate mandatory auto insurance when rates are unaffordable. Mandatory auto insurance unfairly criminalizes those who cannot afford auto insurance. Redlining has been studied for 40 years with no solution. If redlining can be halted, halt mandatory auto insurance rates in Detroit. I will save my $300 monthly and pay out of pocket for auto accidents I hope to never have."

Senator Garcia's statement is as follows:

I rise to remind the body that today is the 231st birthday of the United States Army, and my comments will be taken from the United States Army homepage because, as many of you know, I serve in the Army. It's an institution that I am proud to serve in, and just as this institution, I am proud to serve in it as well.

Since its birth on 14 June 1775, over a year before the Declaration of Independence, the United States Army has played a vital role in the growth and development of our nation. Soldiers have fought more than ten wars from the American Revolution through the Gulf War and to the current war on terrorism.

This 231st birthday is recognition of the Army's historic traditions in service to the nation and a call to duty and 231years of service to our nation. The United States Army was born to serve out of the desire to defend liberty and proudly celebrate its birthday today, 14th of June 2006.

Since 1775, millions have worn the uniform and lived the Warrior Ethos. Soldiers have always understood that the freedoms of our nation's guarantees are worth fighting for and America's decision to put boots on the ground illustrates like no others its continued commitment to these ideals.

Today, America's Army is engaged in a global war on terrorism as is present in 120 countries. Soldiers have long sacrificed their personal comfort and safety to answer a higher calling. Despite hardship and dangers to life and limb, soldiers have always answered the call and our nation has relied on their courage, their sacrifice, and their selfless service.

To our soldiers around the world, our thoughts are with you and your families on this 231st birthday. We are proud to serve with you as you embody the Warrior Ethos. You have made our Army the most respected institution in the United States and the pre-eminent land power on Earth.

We are humbled by your sacrifices and awed by your achievements.

Senator Whitmer's statement is as follows:

I wanted to bring to the attention of the members that today the Boys and Girls Clubs of Michigan are here in town. They are going to honor the 2006 Youth of the Year from Michigan, who is from the capital city. It is Kiera McIntyre. I was thinking about an inspirational quote and then I read what she said in the Lansing State Journal. She said, "It feels wonderful to know that because of you someone is going to be happy. It's great to be selfless, not selfish." I think that is about as inspirational as any quote I have heard here on the floor in my tenure here. I ask that you all take note that we all have kids here who are from the Boys and Girls Clubs. Take a moment to stop by and chat with them at lunch on the fourth floor and stop by the program taking place on the Capitol steps at 12:45p.m.

Committee Reports

The Committee on Natural Resources and Environmental Affairs reported

House Bill No.6110, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act,"(MCL 324.101 to 324.90106) by adding section 74126.

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom and Brater

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 Natural Resources and Environmental Affairs submitted the following:

Joint Meeting held on Tuesday, June 13, 2006, at 3:00p.m., Room 519, South Tower, House Office Building

Present: Senators Birkholz (C), Patterson, Van Woerkom, Brater and Basham

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Tuesday, June 13, 2006, at 3:00p.m., Room 100, Farnum Building

Present: Senators Allen (C), Toy, McManus, Schauer and Olshove

Scheduled Meetings

21st Century Jobs Funds Joint Select Oversight Committee (SCR 38) - Thursday, June 15, 1:30p.m. or later after committees are given leave by the House to meet, Room 519, South Tower, House Office Building (373-2420)

Agriculture, Forestry and Tourism - Thursday, June 15, 8:30a.m., Room 110, Farnum Building (373-1635)

Appropriations -

Subcommittee -

Capital Outlay - Thursday, June 15, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Education - Thursday, June 15, 11:00a.m. or later immediately following session, Room 210, Farnum Building (373-6920)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 11:46a.m.

The President pro tempore, Senator Birkholz, declared the Senate adjourned until Thursday, June 15, 2006, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate