2007-SJ-04-26-038.htm

No. 38

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Thursday, April 26, 2007.

10:00a.m.

The Senate was called to order by the President pro tempore, Senator Randy Richardville.

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

Allen--present Garcia--present Pappageorge--present

Anderson--present George--present Patterson--present

Barcia--present Gilbert--present Prusi--present

Basham--present Gleason--present Richardville--present

Birkholz--present Hardiman--present Sanborn--present

Bishop--present Hunter--present Schauer--present

Brater--present Jacobs--present Scott--present

Brown--present Jansen--present Stamas--present

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

Cherry--present Kahn--present Thomas--present

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

Clarke--present McManus--present Whitmer--present

Cropsey--present Olshove--present

Senator Raymond E. Basham of the 8th District offered the following invocation:

Dear God, as we begin our work today, we ask that You give us the strength to do what is right and to fulfill our duties as elected representatives. We ask that You impart to us wisdom and good judgment. We pray that the difficult decisions we must make are grounded in the principles of justice and compassion. Give each of us the grace to let Your Spirit guide our work. We thank You for Your many blessings.

We pray these things in Your name. Amen.

The President pro tempore, Senator Richardville, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senator Schauer entered the Senate Chamber.

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, April 25:

House Bill No. 4595

The Secretary announced that the following official bills and joint resolution were printed on Wednesday, April 25, and are available at the legislative website:

Senate Bill Nos. 424 425 426 427 428 429 430 431

Senate Joint Resolution C

House Bill Nos. 4629 4630 4631 4632 4633 4634 4635 4636 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 4654 4655 4656 4657 4658 4659

Senator Thomas moved that Senator Schauer be excused from the balance of today's session.

The motion prevailed.

Messages from the House

Senate Bill No.220, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies, the legislative branch,and the judicial branch for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The House of Representatives has appointed Reps. Dillon, Cushingberry and Acciavatti as conferees to join with Sens. Bishop, Jelinek and Switalski.

The bill was referred to the Conference Committee.

Third Reading of Bills

Senator Cropsey moved that the following bill be placed at the head of the Third Reading of Bills calendar:

Senate Bill No.194

The motion prevailed.

The following bill was read a third time:

Senate Bill No.194, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311g (MCL 380.1311g), as amended by 2005 PA 28.

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.74 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Schauer

Not Voting--0

In The Chair: Richardville

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No.25

Senate Concurrent Resolution No.5

The motion prevailed.

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

Senate Resolution No.50

The resolution consent calendar was adopted.

Senator George offered the following resolution:

Senate Resolution No.50.

A resolution commemorating May 2007 as Children's Mental Health Month in Michigan.

Whereas, Healthy Michigan children and families are our state's most valuable resources; and

Whereas, Mental health is essential to the overall health and vitality of our families; and

Whereas, Serious emotional and mental disorders in children and youth are real and treatable; and

Whereas, Children and youth with mental health challenges and their families deserve access to services and supports that are family-driven, youth-guided, and culturally-appropriate; and

Whereas, Stigma associated with mental illness should no longer exist; now, therefore, be it

Resolved by the Senate, That we hereby commemorate May 2007 as Children's Mental Health Month in Michigan. We express our support for the proactive leadership of the Michigan Department of Community Health, the Association for Children's Mental Health, Michigan health care providers, quality improvement partners, and consumer advocates in the delivery of effective mental health services in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Community Health and the Association for Children's Mental Health as a token of our highest esteem.

Senators Cassis, Cherry, Clarke, Gleason, Jacobs, Olshove and Pappageorge were named co-sponsors of the resolution.

Senate Concurrent Resolution No.8.

A concurrent resolution to urge the President of the United States, the United States Congress, and the United States Department of Energy to restore funding for the Weatherization Assistance Program in Fiscal Year 2008 and to consider increasing future funding for this important federal program.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senate Resolution No.36.

A resolution to urge the President of the United States, the United States Congress, and the United States Department of Energy to restore funding for the Weatherization Assistance Program in Fiscal Year 2008 and to consider increasing future funding for this important federal program.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Richardville, Van Woerkom, Birkholz, Gilbert, Pappageorge, Jelinek, Patterson, Kuipers, McManus, Garcia, Stamas, Basham, Jansen, Kahn and Prusi offered the following resolution:

Senate Resolution No.46.

A resolution commemorating the Michigan United Conservation Clubs for seventy years of commitment in protecting Michigan's natural resources.

Whereas, In 1937, ninety-two conservationists representing thirty-five outdoor clubs throughout the state joined together to help protect Michigan's out-of-doors; and

Whereas, Those thirty-five outdoor clubs formed one united front to promote stewardship of Michigan's natural resources and created the Michigan United Conservation Club; and

Whereas, Today, the Michigan United Conservation Club is the largest statewide organization in the nation, with nearly 100,000 members and more than 500 affiliated clubs; and

Whereas, The Michigan United Conservation Club works diligently to accomplish its mission to unite citizens to encourage efforts to conserve Michigan's natural resources and protect its rich outdoor heritage now and for future generations; and

Whereas, The Michigan United Conservation Club advocates for the wise and scientific management of Michigan's natural resources through public policy by maintaining strong relationships with state and federal agencies, legislators, and other key leaders in their efforts to conserve the state's wildlife, fisheries, waters, forests, air, and soils; now, therefore, be it

Resolved by the Senate, That we hereby celebrate seventy years of conservation and protection of Michigan's natural resources and express our support for the proactive leadership of the Michigan United Conservation Club; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan United Conservation Club and the Michigan Department of Natural Resources.

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

Senator Cropsey moved that the rule be suspended.

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

The resolution was adopted.

Senators Bishop, Brown, Cassis, Cherry, Clarke, Gleason, Hardiman, Jacobs, Olshove and Thomas were named co-sponsors of the resolution.

Senators Van Woerkom, Jelinek, Richardville, Kuipers, Patterson, McManus, Garcia, Basham, Jansen, Kahn and Prusi offered the following resolution:

Senate Resolution No.47.

A resolution commemorating the Michigan Department of Natural Resources for their efforts to promote hunting and fishing and to protect and conserve Michigan's natural resources.

Whereas, Michigan ranks third in the nation in licensed hunters who contribute $1.3 billion annually to our economy and eighth in the nation in the number of licensed anglers who contribute $2 billion annually to our economy. In addition,Michigan ranks first in the nation in the number of registered snowmobiles and third in the number of registered boats; and

Whereas, The Michigan Department of Natural Resources is committed to the conservation, protection, management, use, and enjoyment of the state's natural resources for current and future generations; and

Whereas, The Michigan Department of Natural Resources had its beginnings in the early 1800s, when it was discovered that there was not an endless supply of natural resources. The Legislature created the first fledgling agency in 1921, called the Michigan Department of Conservation and renamed the Department of Natural Resources in 1968 to shoulder broader responsibilities; and

Whereas, The Department continues its evolution in response to changing resource needs and priorities. Today the Department of Natural Resources has approximately 1,600 permanent employees and more than 1,200 seasonal employees and implements over 70 programs under the supervision of DNR Director Rebecca A. Humphries and her management team; and

Whereas, The Department oversees Michigan's 97 state parks and recreation areas which welcome more than 22 million visitors each year, and they maintain 16 Great Lakes public harbors and 829 public boating access sites and manages the largest dedicated state forest system in the nation which contribute $12 billion annually to our economy; and

Whereas, The DNR manages six fish hatcheries, which produce more than 750,000 pounds of fish every year, and manages and protects 400 species of animals, including the birds and mammals that sustain our rich hunting heritage and non-game wildlife, including threatened and endangered species; now, therefore, be it

Resolved by the Senate, That we hereby commend the Michigan Department of Natural Resources for their conservation efforts, promotion of hunting and fishing, and protection of Michigan's natural resources, as well as express our support for their proactive leadership; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Natural Resources.

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

Senator Cropsey moved that the rule be suspended.

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

The resolution was adopted.

Senators Barcia, Birkholz, Bishop, Brown, Cassis, Cherry, Clarke, Gilbert, Gleason, Hardiman, Jacobs, Olshove, Pappageorge and Thomas were named co-sponsors of the resolution.

House Concurrent Resolution No.19.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Michigan State University relative to the Michigan State University Chemistry Building Renovations/Cooling Towers.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trusteesof Michigan State University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Michigan State University Chemistry Building Renovations/Cooling Towers (the "Facility") is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Michigan State University Chemistry Building Renovations/Cooling Towers shall not exceed $28,344,500 (the Authority share is $19,999,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $8,344,500),plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, ifany, of which not more than $19,999,800, plus interest charges on monies advanced by the State to meet the constructioncash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,345,000 and $1,759,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Michigan State University, and the State Budget Director.

The House of Representatives has adopted the concurrent resolution.

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

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

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

The motion prevailed.

Senators Cherry, Clarke, Gleason, Jacobs and Pappageorge were named co-sponsors of the concurrent resolution.

By unanimous consent the Senate proceeded to the order of

Statements

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

The motion prevailed.

Senator Hunter's statement is as follows:

First of all, I would like for my colleagues to join me as well as our colleague, Representative Gabe Leland, from the10th House District to acknowledge the family and friends of Joseph Torkos. Joseph Torkos was a fire engine operator with the Detroit Fire Department who perished in the line of duty on February 7th of this year. So can we first acknowledge them as a body. They are in the west Gallery.

I also rise this morning to present this memorial tribute in honor of this fallen hero. I would like to read it at this time:

"Fire Chief Edward F. Croker, the legendary chief of the New York Fire Department in the early 20th century, once said, 'When a man becomes a fireman, his greatest act of bravery has been accomplished. What he does after this is all in the line of work.'

Joseph Torkos was one of those firefighters and he was in that line of work responding to a fire when he was taken from us. Torkos, 47 years old, was a 12-year veteran of the Detroit Fire Department, a native of Slovakia. He was husband to Andrea and father to 18-month-old Monika and an unborn child. At six foot five, Torkos was seen as a gentle giant with a great disposition. He was described as a quiet, kind, and beautiful person. He was known as much for being a gentleman as for his love of fighting fires.

The fact that he was brave goes almost without saying. After all, Joseph Torkos chose to be a fireman. The next 12 yearswere all in the line of work. Someone once said that all men are created equal, then a few become firemen. Joseph Torkos was one of those few and our hearts and prayers are extended to his family, his friends, and the fraternity of firefighters of which he was a part.

Now Joseph Torkos has moved on to join a new fraternity, the ranks of the fallen brothers. We call them heroes; they call it just doing their jobs. They chose to be firefighters. Bless them all."

Signed by the Honorable Jennifer M. Granholm, our Governor; yours truly, Tupac A. Hunter, State Senator of the 5th District; along with Representative Gabe Leland from the 10th House District.

A moment of silence was observed in memory of Detroit firefighter Joseph Torkos.

Senator Scott's statement is as follows:

You know, I talk to my colleagues every day about this issue. At one time, we were the 10th highest in this state compared to other states, and now even those 10th highest are now saying that insurance is too high. Colleagues, we cando something about it and I think it is high time that we do. The Detroit News has written about it today: "Thousands of drivers scrimp on insurance." Those of us in the inner cities are paying more than the ones around this state, others across 8 Mile Road.

We had a task force a few years ago where we demonstrated that the same person across 8 Mile, about the same ageand the same kind of driving record, that we're paying at least three times more in the city of Detroit. That's unconscionable.

We are elected officials sent here by all of the citizens of the state of Michigan, and we all ought to be treated alike. I tell you time and time again that we are all God's children, whether you want to believe that or not. It is true and we all ought to be treated alike.

I'm just going to read you a little from The Detroit News today where it says, "Thousands of drivers scrimp on insurance. More drop collision and theft coverage as economy takes toll.

Hundreds of thousands of motorists in financially beleaguered Michigan have downgraded their auto insurance--a money-saving gamble that could leave them without a ride if their vehicle is stolen or smacked by another car.

The latest available data shows that nearly 300,000 comprehensive policies were dropped between 2000 and 2004--a trend that has continued, some large insurers say."

The price of full auto insurance jumped 34 percent in Michigan from 2000 to 2004, compared with 22 percent for the increase nationwide.

There is some more that I could read, but you can read it too today. I just want to continue to impress upon you how important it is for us to do our job. I always told you and it was my saying, "It's me today and you tomorrow." Well, that tomorrow has come for the rest of the state. So, colleagues, let's get busy and do something about this.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Kahn, Pappageorge, Richardville and Jelinek introduced

Senate Bill No.449, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," (MCL 257.1801 to 257.1877) by adding section 58.

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

Senators Basham and Cassis introduced

Senate Bill No.450, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 601, 602, 604, 605, 2405, 2411, and 2412 (MCL 339.601, 339.602, 339.604, 339.605, 339.2405, 339.2411, and 339.2412), sections 601 and 602 as amended by 2005 PA 278, section 604 as amended by 1989 PA 261, and sections 2411 and 2412 as amended by 2001 PA 113, and by adding sections 606 and 2404a.

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

Senators Basham and Cassis introduced

Senate Bill No.451, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 2002 PA 142, and by adding section 2975a.

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

Senators Cassis and Basham introduced

Senate Bill No.452, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 601, 602, 605, 2402, 2404, 2405, and 2411 (MCL 339.601, 339.602, 339.605, 339.2402, 339.2404, 339.2405, and 339.2411), sections 601 and 602 as amended by 2005 PA 278, section 2404 as amended by 1988 PA 463, and section 2411 as amended by 2001 PA 113, and by adding sections 2404b and 2411a.

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

Senators Cassis and Basham introduced

Senate Bill No.453, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 39 (MCL 338.2239), 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 and Regulatory Reform.

Senators Olshove, Jacobs, Anderson, Thomas, Schauer, Gleason, Jansen, Pappageorge, Kahn, Basham, Hunter, Garcia and Switalski introduced

Senate Bill No.454, entitled

A bill to amend 2005 PA 244, entitled "Deferred presentment service transactions act," by amending sections 2, 33, and 35 (MCL 487.2122, 487.2153, and 487.2155).

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

Senator Richardville introduced

Senate Bill No.455, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 2 (MCL 125.2152), as amended by 2004 PA 17.

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

Senators Richardville, Brown, Patterson and Prusi introduced

Senate Bill No.456, entitled

A bill to amend 2006 PA 479, entitled "Michigan promise grant act," by amending sections 2, 4, and 8 (MCL 390.1622, 390.1624, and 390.1628).

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

Senators Jacobs, Gleason, Switalski, Clark-Coleman, Hunter, Anderson, Prusi, Brater, Scott, Olshove, Cherry, Clarke, Thomas, Schauer, Barcia, Basham and Whitmer introduced

Senate Bill No.457, entitled

A bill to prohibit employers from making employment decisions based upon certain conduct that is unrelated to employment; and to provide remedies.