2007-SJ-05-22-048.htm

No. 48

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Tuesday, May 22, 2007.

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 not 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--excused

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

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

Cropsey--present Olshove--present

Pastor G.A. Echols, Jr., of The New Gospel Temple Church of God in Christ of Detroit offered the following invocation:

Dear God in Heaven above, Creator and Father of all mankind, we lift our hands in submission to You and our hearts we humble in Your presence. We confess all of our wrongdoings that have made us guilty in transgressing Your laws. Today we come to seize another opportunity to right every wrong and to put away our differences that blinds us from Your truth.

We thank You for the blessings we now enjoy: food, shelter, clothing, and every basic essential You made possible for us to enjoy. But, Father, forgive us for not helping others, for not caring for others, and for not protecting and defending the truth that enables us all to live together, grow equally, and advance in harmony.

Bring us now to a place that will cause us to become one with You, one in priorities, one in goal setting, and one in vision for this great state of Michigan. God, please bring us to the place of oneness even as You are one with Your only begotten Son, Jesus Christ.

Continue to bless this nation, bless this great state of Michigan, bless the people, and bless those who represent the people.Bless us with Your guidance, Your wisdom, and Your presence as we continue to seek Your hand and Your face, for we dare not think we can overcome any challenge without You.

This is our prayer for today's session, and we ask it in Jesus' name. Amen.

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

Recess

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

The motion prevailed, the time being 10:06a.m.

10:19a.m.

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

During the recess, Senators Sanborn, Basham, Barcia, Stamas, Kuipers, Gilbert, Brown, Van Woerkom, George, McManus, Garcia, Allen, Cassis, Pappageorge, Kahn, Jansen and Birkholz entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

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

The motion prevailed.

Senators Hardiman, Bishop and Jelinek entered the Senate Chamber.

The following communication was received and read:

Office of the Auditor General

May 18, 2007

Enclosed is a copy of the following audit report:

Program-specific audit, in accordance with the Single Audit Act Amendments of 1996, of the Donation of Federal Surplus Personal Property Program, Department of Management and Budget.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

November 20, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Environmental Quality, State Office of Administrative Hearings and Rules filed at 4:46p.m. this date, administrative rule (06-11-01) for the Department of Environmental Quality, Air Quality Division entitled "Air Pollution Control - Part 8. Emission Limitations and Prohibitions - Oxides of Nitrogen." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 1, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:11p.m. this date, administrative rule (06-12-02) for the Department of EnvironmentalQuality, Land and Water Management Division, entitled "Wetlands Protection." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 2, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 11:30a.m. this date, administrative rule (07-02-01) for the Department of State Police, Field Operations Division, entitled "Tests for Breath Alcohol." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 6, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:48p.m. this date, administrative rule (07-02-02) for the Department of Labor and Economic Growth, Public Service Commission, entitled "Rules and Regulations Governing Animal Contact Current Mitigation." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 6, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:50p.m. this date, administrative rule (07-02-03) for the Department of Natural Resources, Forest, Mineral and Fire Management Division, entitled "Control of Open and Prescribed Burning." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 8, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 3:01p.m. this date, administrative rule (07-02-04) for the Department of Labor and Economic Growth, Director's Office, entitled "Part 451. Respiratory Protection." These rules take effect immediately upon filing with the Secretary of State.

February 23, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 2:52p.m. this date, administrative rule (07-02-11) for the Department of Labor and Economic Growth, Office of Financial and Insurance Services, entitled "Credit Insurance Policy Forms - Discretionary Clauses." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 23, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 2:54p.m. this date, administrative rule (07-02-12) for the Department of Labor and Economic Growth, Office of Financial and Insurance Services, entitled "Certificates - Discretionary Clauses." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 23, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 2:56p.m. this date, administrative rule (07-02-13) for the Department of Labor and Economic Growth, Office of Financial and Insurance Services, entitled "Insurance Policy Forms - Discretionary Clauses." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

March 2, 2007

March 14, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 3:46p.m. this date, administrative rule (07-03-03) for the Department of Labor and Economic Growth, Director's Office, entitled "Part 28. Personnel Hoisting in Steel Erection." These rules take effect 14 days after filing with the Secretary of State.

March 16, 2007

March 23, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 3:10p.m. this date, administrative rule (07-03-06) for the Department of Labor and Economic Growth, Workers' Compensation Agency, entitled "Workers' Compensation Health Care Services Rules." These rules take effect 7 days after filing with the Secretary of State.

April 23, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 3:43p.m. this date, administrative rule (07-04-01) for the Department of Labor and Economic Growth, Director's Office, entitled "Carnival and Amusement Safety, General Rules." These rules take effect 7 days after filing with the Secretary of State.

April 23, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 3:45p.m. this date, administrative rule (07-04-02) for the Department of Labor and Economic Growth, Director's Office, entitled "Ski Area Safety Board, General Rules." These rules take effect 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 17:

House Bill Nos. 4433 4434 4435 4436 4437

The Secretary announced the enrollment printing and presentation to the Governor on Friday, May 18, for her approval the following bill:

Enrolled Senate Bill No.400 at 3:49p.m.

The Secretary announced that the following official bills were printed on Thursday, May 17, and are available at the legislative website:

Senate Bill Nos. 506 507

House Bill Nos. 4765 4767 4768 4769 4770 4771 4772 4773 4774 4775 4776 4777

The Secretary announced that the following official bills were printed on Friday, May 18, and are available at the legislative website:

Senate Bill Nos. 508 509 510 511 512 513 514 515

Messages from the Governor

The following messages from the Governor were received and read:

May 18, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Section 403 of the Community Corrections Act, 1988 PA 511, MCL 791.403:

State Community Corrections Board

Mr.Charles L. Brown of 7 Kingsley Court, Frankenmuth, Michigan 48734, county of Saginaw, reappointed to represent county sheriffs appointed under section 3(3)(a), for a term expiring March 31, 2011.

Ms.Patricia Louise Caruso of 3348 Lakeshore Drive, Sault Ste.Marie, Michigan 49783, county of Chippewa, reappointed to represent directors appointed under section 3(3)(h), for a term expiring March 31, 2011.

Mr.Larry C. Inman of 8971 Crockett, Williamsburg, Michigan 49690, county of Grand Traverse, reappointed to represent the general public appointed under section 3(8)(V), for a term expiring March 31, 2011.

Mr.Bernard F. Parker of 236 Lenox Street, Detroit, Michigan 48215, county of Wayne, reappointed to represent county commissioners appointed under section 3(3)(e), for a term expiring March 31, 2011.

May 18, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment under Sections 21 and 22 of the Tax Tribunal Act, 1973 PA 186, MCL 205.721 and 205.722:

Michigan Tax Tribunal

Ms.Susan G. Munsell of 8067 Aarwood Trail NW, Rapid City, Michigan 49676, county of Kalkaska, succeeding Judith R. Trepeck, who has resigned, representing certified public accountants, for a term commencing June 4, 2007 and expiring June 30, 2009.

May 21, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 3b of the Fire Prevention Code, 1941 PA 207, MCL 29.3b:

State Fire Safety Board

Mr.Greg M. Herman of 29007 Oakmont Drive, Chesterfield, Michigan 48051, county of Macomb, succeeding Scott Hill,whose term has expired, representing the building trades, for a term commencing May 21, 2007 and expiring July 15, 2009.

Mr.William H. Mayes of 625 Burgenstock, Lansing, Michigan 48917, county of Eaton, succeeding Maureen Fischer, whose term has expired, representing persons who are a member or employed by a statewide association representing school board members or school administrators, for a term commencing May 21, 2007 and expiring July 15, 2009.

Mr.John C. Wozniak of 6524 Cannonsburg Road, Belmont, Michigan 49306, county of Kent, succeeding Ronald VanDen Berg, whose term has expired, representing the flammable liquids industry, for a term commencing May 21, 2007 and expiring July 15, 2009.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations and Reform.

Third Reading of Bills

The following bill was read a third time:

Senate Bill No.473, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40105 (MCL 324.40105), as added by 1995 PA 57.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.133 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.4512, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 38 (MCL 38.38), as amended by 2002 PA 93.

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.134 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

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

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

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

"An act to provide for a state employees' retirement system; to create a state employees' retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.4530, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 4,41, and 41a (MCL 38.1304, 38.1341, and 38.1341a), section 4 as amended by 2003 PA 17, section 41 as amended by 2002 PA 94, and section 41a as amended by 1996 PA 488.

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.135 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

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

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

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

"An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No.25, entitled

A bill to amend 1982 PA 204, entitled "Deaf persons' interpreters act," by amending the title and sections 4, 5, 6, 7, and 8 (MCL 393.504, 393.505, 393.506, 393.507, and 393.508), section 8 as amended by 1988 PA 435, and by adding sections 8a, 8b, 8c, 8d, and 8e.

The question being on the passage of the bill,

Senator Gleason offered the following amendments:

1. Amend page 5, line 4, after "EDUCATION" by striking out the balance of the line through "DIRECTOR" on line5.

2. Amend page 5, line 9, after "GRIEVANCES" by inserting a comma and "MINIMUM CREDENTIAL REQUIREMENTS AND LEVELS, AND MINIMUM STANDARDS OF PRACTICE".

3. Amend page 5, line 10, by striking out all of subsection (2) and renumbering the remaining subsection.

4. Amend page 5, line 23, by striking out all of subsections (2) and (3) and inserting:

"(2) AN INDIVIDUAL WHO APPLIES TO BECOME CERTIFIED AS A QUALIFIED INTERPRETER THROUGH THE STATE BY THE DIVISION OR A QUALIFIED INTERPRETER CERTIFIED THROUGH THE STATE BY THE DIVISION WHO VIOLATES THIS ACT IS SUBJECT TO 1 OR MORE OF THE FOLLOWING ACTIONS BY THE DIVISION:

(A) REJECTION OF HIS OR HER APPLICATION FOR CERTIFICATION AS A QUALIFIED INTERPRETER UNDER THIS ACT.

(B) REVOCATION, SUSPENSION, OR LIMITATION OF HIS OR HER CERTIFICATION AS A QUALIFIED INTERPRETER UNDER THIS ACT.

(3) AN APPOINTING AUTHORITY THAT WILLFULLY VIOLATES SECTION 3A IS SUBJECT TO A CIVIL FINE OF NOT LESS THAN $1,000.00 AND NOT MORE THAN $10,000.00.".

5. Amend page 6, line 8, after "SUBSECTION" by striking out "(2)" and inserting "(3)".

6. Amend page 6, line 11, after "DEAF" by striking out the balance of the line through "DIVISION" on line 12.

The question being on the adoption of the amendments,

Senator Anderson moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

The following bill was read a third time:

House Bill No.4208, entitled

A bill to amend 1982 PA 204, entitled "Deaf persons' interpreters act," by amending sections 2 and 3 (MCL 393.502 and 393.503) and by adding section 3a.

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.136 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

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

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

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

"An act to provide for and regulate the use of interpreters in administrative and judicial proceedings and in certain other instances; to establish standards for interpreters; and to provide compensation for interpreters, and to provide for the promulgation of rules,".

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No.357, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.

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.137 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to consideration of the following bill:

Senate Bill No.25, entitled

(This bill was read a third time earlier today, amendments offered and consideration postponed. See p. 721.)

The question being on the adoption of the amendments offered by Senator Gleason,

The amendments were adopted, a majority of the members serving voting therefor.

Senator Gleason offered the following amendment:

1. Amend page 6, line 9, after "THIS" by striking out "SECTION" and inserting "PURSUANT TO SECTION 8A".

The amendment was adopted, a majority of the members serving voting therefor.

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.138 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.358, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 498c.

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.139 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

General Orders

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

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

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

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.

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.

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.

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 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:

Senate Bill No.340, entitled

A bill to require certain consumer reporting agencies to place security freezes on certain consumer credit information; to authorize and limit fees; and to provide remedies.

Substitute (S-4).

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.75, entitled

A bill to require certain consumer reporting agencies to place security freezes on certain consumer information; to authorize and limit fees; and to provide remedies.

Substitute (S-2).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

Resolutions

Senators Jacobs and Barcia offered the following resolution:

Senate Resolution No.62.

A resolution to memorialize Congress to reject the Real ID Act of 2005 and to express the intent of the Michigan Legislature regarding this act.

Whereas, Congress enacted the Real ID Act in 2005 as part of an Emergency Supplemental Appropriations Act for Defense and Tsunami Relief. States are mandated to implement the Real ID Act by December 31, 2009. Real ID is an unfunded mandate, and the Department of Homeland Security estimates that the regulations will cost the states and consumers $23 billion, including an estimated $8.48 billion over five years to re-enroll approximately 7.7 million driver license/ID holders and comply with the complex verification system; and

Whereas, Terrorist attacks, such as those that occurred on September 11, 2001, have necessitated the crafting of effective laws to protect the people of the United States and others from terrorist attacks; and

Whereas, The American Association of Motor Vehicle Administrators, the National Governors Association, and the National Conference of State Legislatures have estimated that it will cost states over $400 million to update systems to comply with the verification requirements under the Real ID Act of 2005. The verification process is one of the largest requirement categories for the Real ID Act implementation. Only one of the five national electronic verification systems is fully operational; and

Whereas, Michigan residents will be more susceptible to identity theft due to the use of machine-readable technology and state maintenance of a database shared with other agencies. Clearly, all reasonable security measures to protect the privacy of Michigan residents and all reasonable safeguards to protect against unauthorized disclosure of data need to be in place prior to the full implementation of the Real ID Act; and

Whereas, The Real ID Act of 2005 will effectively reverse the state of Michigan's efforts to ease an applicant's interaction with the Secretary of State (e.g., Internet and mail-in renewal) because of the complex verification process. In addition, federal funding is not provided to train Michigan employees in the document verification, background check, and certification processes that are estimated to cost over $18 million; and

Whereas, The Real ID Act does not take into account the homeless or low-income population, who will have difficulty meeting the extensive documentation and verification requirements under the act, thereby possibly limiting access to public food and shelter programs and exposing Michigan residents to unlicensed and uninsured drivers; and

Whereas, Six states, Maine, Washington, Arkansas, Idaho, Montana, and North Dakota, have passed legislation opposing Real ID. Thirty-two other states have expressed opposition to the implementation of the Real ID Act and the financial burden it has on their state budgets; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to reject the Real ID Act of 2005; and be it further

Resolved, That the members of the Michigan Legislature hereby express our intent to enact no legislation nor authorize any appropriation to further the implementation of Real ID in Michigan unless such appropriation is used exclusively for the purpose of undertaking a comprehensive analysis of the costs of implementing the Real ID Act of 2005; and be it further

Resolved, That we also express our intent to ensure that, before storing or including data about Michigan residents in any database, records facility, or computer system for purposes of meeting the requirements of the Real ID Act of 2005, all reasonable security measures to protect the privacy of Michigan residents and all reasonable safeguards to protect against unauthorized disclosure of data shall be implemented; and be it further

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

Pending the order that, under rule 3.204, the 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 resolution,

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

The motion prevailed.

Senators Anderson, Clarke, Gleason, Schauer and Switalski were named co-sponsors of the resolution.

Senators Anderson, Cassis, Hunter, Clark-Coleman, Brater, Cherry, Gleason, Barcia, Schauer, Whitmer, Jacobs, Switalski, Clarke, Scott, Olshove, Thomas and Richardville offered the following resolution:

Senate Resolution No.63.

A resolution commemorating the history of the Ford Wixom Assembly Plant in Novi, Michigan.

Whereas, Since its founding on April 15, 1957, the Ford Wixom Assembly Plant has played a key role in Michigan's history and heritage. The Ford Motor Company has fostered social, economic, and cultural heritage and is deserving of due recognition for their many accomplishments; and

Whereas, From its earliest days, the Ford Wixom Assembly Plant, formerly known as the Lincoln Assembly Plant, became the sole producer of all domestic and export vehicles for the Lincoln Division; and

Whereas, The Ford Motor Company has a reputation for its family-style treatment of all employees. In 1957, the plant employed approximately 2,400 people. The facilities included a 1,300,000 square-foot assembly plant along with a 200,000 square-foot, three-story office building, a test track, and a power plant. Today there are over 1,005 hourly and 103 salaried workers, and its facilities include 4.7 million square feet on a 320-acre site with over 15 miles of assembly line; and

Whereas, The manufacturing giant's growth was phenomenal. Its peak employment was 5,468 people in 1973; and

Whereas, The Wixom plant produced numerous vehicles including the Lincoln Capri, Premier, Mark III-V, Mark III-VIII, and the LS. In 1987, the Wixom Assembly Plant began production of the 1988 Lincoln Continental and later followed with the reintroduction of the Ford Thunderbird and Ford GT, along with, and its current product, the Town Car; and

Whereas, In the early days, all automobile makers built one car at a time. The Ford Wixom Assembly Plant produced 67,516 vehicles in its first year in 1957, and at its peak in 1988, the plant produced 280,659 vehicles. The total plant production from 1957-2007 is 6,648,806; and

Whereas, The Ford Wixom Assembly Plant's vehicles have earned many industry awards, from the 2004 Bronze Awardin J.D. Power and Associates' Initial Quality Study, North and South America Plant Awards, not to mention Industry Week's 12 "America's Best Plants." Wixom Assembly Plant was hailed for "true manufacturing excellence" in 1990 and Motor Trend Car of the Year for the 1958 Thunderbird, 1990 Town Car, 2000 LS, 2002 Thunderbird, and Car and Driver Best 10 Award Lincoln Continental in 1989; and

Whereas, The Ford Wixom Assembly Plant has been a remarkable example of the many achievements of the company.Ford employees, retirees, suppliers, dealers, and its many customers have been a true asset to the state of Michigan; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize the Ford Wixom Assembly Plant as they cease operation in 2007; and be it further

Resolved, That a copy of this resolution be transmitted to the Ford Wixom Assembly Plant with our highest esteem.

Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations and Reform.

Senators Garcia and Pappageorge were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators Hunter, Thomas, Anderson, Clark-Coleman, Scott, Brater, Prusi, Clarke and Gleason introduced

Senate Bill No.516, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.155) by adding section 7nn.

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

Senators Whitmer, Anderson, Brater, Scott, Thomas, Cherry, Hunter, Clarke, Gleason, Clark-Coleman, Jacobs and Schauer introduced

Senate Bill No.517, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307 and 315 (MCL 257.307 and 257.315), section 307 as amended by 2006 PA 298 and section 315 as amended by 1999 PA 118.

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

Senators Whitmer, Anderson, Brater, Scott, Thomas, Cherry, Hunter, Gleason, Clarke, Clark-Coleman, Jacobs and Schauer introduced

Senate Bill No.518, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509o (MCL 168.509o), as added by 1994 PA 441.

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

Senator Gilbert introduced

Senate Bill No.519, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 224a (MCL 750.224a), as amended by 2006 PA 457.

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

Senator Gleason introduced

Senate Bill No.520, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 71, 191, 207, 238, 252, 268, 281, 302, 327, 342, 369, and 383 (MCL 168.71, 168.191, 168.207, 168.238, 168.252, 168.268, 168.281, 168.302, 168.327, 168.342, 168.369, and 168.383), sections 71, 191, 281, and 342 as amended by 1999 PA 218, section 302 as amended by 2005 PA 71, and sections 327 and 383 as amended by 1982 PA 505.

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

Senator Kahn introduced

Senate Bill No.521, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 674 (MCL 257.674), as amended by 2000 PA 268.

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

Senator Whitmer introduced

Senate Bill No.522, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 5 (MCL 552.505), as amended by 2002 PA 571.

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

House Bill No.4433, entitled

A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending sections 3, 31, and 32 (MCL 205.703, 205.731, and 205.732), section 3 as amended by 1992 PA 172, and by adding section 47.

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 Finance.

House Bill No.4434, entitled

A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending sections 26, 49, and 61 (MCL 205.726, 205.749, and 205.761), sections 26 and 49 as amended by 1980 PA 437 and section 61 as amended by 1992 PA 172.

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 Finance.

House Bill No.4435, entitled

A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending section 22 (MCL 205.722).

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 Finance.

House Bill No.4436, entitled

A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending section 62 (MCL 205.762), as amended by 1995 PA 232.

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 Finance.

House Bill No.4437, entitled

A bill to amend 1973 PA 186, entitled "Tax tribunal act," by repealing section 66 (MCL 205.766).

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 Finance.

Statements

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

The motion prevailed.

Senator Scott's statement is as follows:

Distinguished Detroit businessman, Dr.Melvin Chapman, was one of the most respected and revered educators in Detroit schools history. Yet after all his degrees and education credentials, he freely affirmed, "Struggle is a form of education."

If struggle is indeed a form of education, then my struggle to obtain fair and equal insurance rates for the citizens of Detroit and Michigan make me the most-educated person in this chamber. And my reward, my diploma, will come when this chamber passes legislation that sets insurance rates that are unbiased, unprejudiced, and unbigoted.

Over the years, I have provided you with thousands of statistics, hundreds of facts, and dozens of personal stories. You have been educated. Now take that information and translate it into action that will end the struggle.

Senator Garcia's statement is as follows:

I rise to express my thoughts about what happened last Wednesday in session--at the conclusion of session. I am glad that it took me several days before I had an opportunity to speak because it probably would not have been wise for me to say something that day. I've been in the Legislature now for over eight years and I don't think I have ever left a session more disappointed and upset than I was last Wednesday. I understand that there are a lot of conversations going on right now, but this matter, I guess, is for everyone involved here, whether it be staff, Senators, or people listening. The point is I was very upset last week because of what transpired.

We had before us Senate Bill No.436, which was a bill which had been described by my staff and I as "220-plus." It basically would cut government to make up the shortfall that we have for fiscal year '07. Among those cuts were a number of areas that I have a great deal of interest in, one of them being the 21st Century Jobs Fund, which I believe strongly in. I understand that there are some of my own caucus who don't agree with that program. I respect their views, and we can agree to disagree.

I also know that many of us in this chamber have voted for things that we have not wanted to in order to keep the process going, and that's why I voted for Senate Bill No.436. But I went to our leader last week and I said, "I have some very serious reservations about voting for this bill." He was gracious enough to let me vote "no" if the opportunity presented itself. Because of a mix-up, that opportunity did not present itself and I ended up voting for a bill I really didn't want to. Again, we have all done it; it happens and life goes on.

What really bothered me is what happened afterwards because I attempted to get that vote reconsidered so I could vote the way I wanted to and that's when the games began. We had one side trying to block the effort to reconsider the vote because they thought they were trying to prevent one of our vulnerables from getting off that vote. Now I went to our staff and I said, "Let me go over and tell them what is going on so that we can clear the air and just get this done. We won't have to play these games." "Well," they said, "no, don't worry about it; we will take care of it."

A long story short, most of you know what ended up happening is we ended up adjourning prematurely. We did not get to reconsider the vote, and I did not get to vote the way that I wanted to--which, in many cases, would have been the vote that those of you on that side of aisle would have wanted.

The point is we seem to be playing games here instead of getting down to the business of solving this year's and next year's budget problems. Now I know that there are some good-faith efforts being made by our leaders, but for whatever reason, it's not happening. I guess the only thing that I can conclude is that there is an element of distrust in this body, let alone this government, which prevents us from getting things done. Until we can reach across the aisle and learn to trust one another, we are not going to get things done.

Now I happen to know that there are several members of the other side of the aisle who I can work with--I worked with before and can trust. I have had them in my office, and we have reached common ground. Does that mean that we always agree with each other? Absolutely not. We have some fundamental differences in how we approach government, but there are common things that we can agree upon for the good of the people.

So I implore this Governor, this body, and the House to learn to trust one another and to work together because until that happens, we are going to fiddle around and Rome is continuing to burn.

To my colleagues on the other side, you know, every once in awhile, I believe that we are trying to do the right things. On this side of the aisle, we need to learn to work with the other side. That does not mean that we surrender our principles, but that does mean that we need to work with the other side.

Now, Lieutenant Governor, we should not have ever adjourned that session the way we did last week. I am disappointed in a lot of things that happened last week. As I said before, I came to Lansing to help people to solve problems. I guess it just frustrates me sometimes that we are playing these games. I am committed to working with my leadership, with this administration, and with the other side of the aisle to make sure that we get these problems solved, which means we will have to compromise if that is what it takes.

So, Mr.Lieutenant Governor, that is really all I have to say. I guess I am disappointed with what happened in session last week.

Committee Reports

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.354, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 40107c and 40107d.

With the recommendation that the substitute (S-2) 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, Patterson, Basham and Prusi

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

House Bill No.4721, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 2005 PA 42.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi

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:

Meeting held on Wednesday, May 16, 2007, at 1:00p.m., Rooms 402 and 403, Capitol Building

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

The Committee on Health Policy reported

Senate Bill No.415, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9205b.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

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

Thomas M. George

Chairperson

To Report Out:

Yeas: Senators George, Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs

Nays: None

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

The Committee on Health Policy reported

Senate Bill No.416, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1177a (MCL 380.1177a), as added by 2005 PA 240.

With the recommendation that the bill pass.

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

Thomas M. George

Chairperson

To Report Out:

Yeas: Senators George, Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, May 16, 2007, at 3:01p.m., Senate Hearing Room, Ground Floor, Boji Tower

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

COMMITTEE ATTENDANCE REPORT

The Conference Committee on FY 2006-07 Supplemental (SB 220) submitted the following:

Meeting held on Wednesday, May 16, 2007, at 4:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Bishop (C), Jelinek and Switalski

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Meeting held on Thursday, May 17, 2007, at 8:30a.m., Room 110, Farnum Building

Present: Senators Van Woerkom (C), Gilbert, Birkholz, Gleason and Whitmer

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Thursday, May 17, 2007, at 9:00a.m., House Appropriations Room, 3rd Floor, Capitol Building

Present: Senators McManus (C), Jelinek, Brown, Cropsey, Pappageorge, Switalski, Cherry, Clark-Coleman and Scott

Excused: Senator Hardiman

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Community Health submitted the following:

Meeting held on Thursday, May 17, 2007, at 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Kahn (C), Pappageorge, George, Stamas, Cherry, Barcia and Switalski

Scheduled Meetings

Appropriations - Wednesday, May 23, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Subcommittees -

Environmental Quality Department - Thursdays, May 24, 11:30a.m. or later immediately following session and May 31, 1:00p.m., Room 405, Capitol Building (373-2768)

Judiciary and Corrections - Wednesdays, May 23 and May 30, 3:00p.m., Rooms 402 and 403, Capitol Building (373-2768)

Natural Resources Department - Tuesdays, May 29, 12:00 noon or later immediately following session, Room 405, Capitol Building; and June 5, 12:00 noon or later immediately following session, Senate Appropriations Room, 3rdFloor, Capitol Building (373-2768)

Economic Development and Regulatory Reform - Wednesday, May 23, 1:00p.m., Rooms 402 and 403, Capitol Building (373-7670)

Education - Thursday, May 24, 2:30p.m., Room 210, Farnum Building (373-6920)

Energy Policy and Public Utilities - Thursday, May 24, 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-7350)

Health Policy, Joint Senate/House - Wednesday, May 23, 3:30p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-0793)

Homeland Security and Emerging Technologies - Tuesdays, May 29 and June 5, 1:00p.m., Room 100, Farnum Building (373-5932)

Natural Resources and Environmental Affairs - Wednesday, May 23, 1:00p.m., Room 110, Farnum Building (373-3447)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 11:24a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, May 23, 2007, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate