2007-SJ-06-19-061.htm

No. 61

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Tuesday, June 19, 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 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

Reverend Pete Byma of Cadillac Christian Reform Church of Cadillac offered the following invocation:

Father in Heaven, we recognize that righteousness and justice have formed the foundation of Your throne. Out of the creation of Your creation order, we have stability instead of chaos, we have life instead of death, and we have beauty and not darkness. So, Father God, this day we admit our need for divine guidance. We rely upon Your Holy Spirit to lead us and to guide us. Father God, forgive us for the things that we ought to have done but have not. Forgive us for the things that we have done, but we should have not, Lord.

Lord, gracious God, we thank You that we have a government of order. We have a government and a place of leadership that honors You and recognizes Your goodness in the leading of Your Holy Spirit. Lord God, I pray for the Legislature, for their wisdom, that they may also have discernment. Lord, I pray for knowledge that comes from on high and not from our own understanding. Lord, give wisdom in complex decisions. Give peace as decisions are made.

My God, we pray that You may bless their families as they spend a long time, hours away from their families. Build up strong marriages even in the midst of the spouses who are represented here, Lord. Lord God, we pray that they may be a model of righteousness and holiness even as they lead this state.

So, Lord God, we thank You for this morning. We thank You for the freshness of rain. We thank You for Your beauty around about us and outside, for the beauty of these chambers, and for the beauty of Your Holy Spirit living within us.

Lord, we pray these things, recognizing Your leading, Your guiding, and in the name of Jesus Christ alone. Amen.

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

Motions and Communications

Senator Cropsey moved that Senator Garcia be temporarily excused from today's session.

The motion prevailed.

The following communication was received and read:

Office of the Auditor General

June 15, 2007

Enclosed is a copy of the following audit report:

Financial audit, including the provisions of the Single Audit Act, of the Department of Attorney General, for the period October 1, 2004 through September 30, 2006.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 14:

House Bill Nos. 4372 4550 4551 4552 4735 4764 4795 4813 4884

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, June 14, for her approval the following bill:

Enrolled Senate Bill No.25 at 3:54p.m.

The Secretary announced that the following official bills were printed on Thursday, June 14, and are available at the legislative website:

House Bill Nos. 4912 4913 4914 4915 4916 4917 4918 4919 4920 4921

The Secretary announced that the following official bills and joint resolution were printed on Friday, June 15, and are available at the legislative website:

Senate Bill Nos. 589 590

Senate Joint Resolution D

House Bill Nos. 4922 4923 4924 4925 4926 4927

Messages from the Governor

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

Senate Bill No.436

The motion prevailed.

The following messages from the Governor were received and read:

June 15, 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 1 of 1963 (2nd Ex. Sess.) PA 48, MCL 390.551:

Central Michigan University Board of Control

Mr.Brian W. Fannon of 21555 Chase Drive, Novi, Michigan 48375, county of Oakland, succeeding Roger Kesseler, whose term has expired, representing the general public, for a term commencing June 15, 2007 and expiring December 31, 2014.

Ms.Jacqueline N. Garrett of 18491 Lauder, Detroit, Michigan 48235, county of Wayne, succeeding Jerry D. Campbell,whose term has expired, representing the general public, for a term commencing June 15, 2007 and expiring December 31, 2014.

June 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 26 of the Aeronautics Code of the State of Michigan, 1945 PA 327, MCL 259.26:

Michigan Aeronautics Commission

Mr.Terry J. Everman of 1465 Coutant, Flushing, Michigan 48433, county of Genesee, reappointed to represent the general public, for a term expiring May 27, 2011.

Mr.Joseph W. Prochazka of 4001 Broken Ridge Circle, Galesburg, Michigan 49053, county of Kalamazoo, reappointed to represent the general public, for a term expiring May 27, 2011.

June 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 office under Section 7 of the Agricultural Commodities Marketing Act, 1965 PA 232, MCL 290.657:

Michigan Beef Marketing Program Committee

Mr.Robert E. DeYoung of 3086 Hoag, N.E., Grand Rapids, Michigan 49525, county of Kent, reappointed to represent beef retailers, for a term expiring May 31, 2010.

Mr.Charles E. Markley of 13171 Telling Road, Byron, Michigan 48418, county of Genesee, reappointed to represent cattle feeders, for a term expiring May 31, 2010.

Mr.John Jay VanderBoon of 7671 Trever Court, Kalamazoo, Michigan 49009, county of Kalamazoo, reappointed to represent meat packing executives, for a term expiring May 31, 2010.

Sincerely,

Jennifer M. Granholm

Governor

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

Messages from the House

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

Senate Bill No.360

Senate Bill No.354

The motion prevailed.

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

Senate Bill No.94

The motion prevailed.

Senate Bill No.487, entitled

A bill to amend 1980 PA 497, entitled "Construction lien act," by amending sections 110 and 115 (MCL 570.1110 and 570.1115), as amended by 2006 PA 572.

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

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

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

The Senate agreed to the full title.

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

Senator Garcia entered the Senate Chamber.

Third Reading of Bills

The following bill was read a third time:

Senate Bill No.84, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1068.

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.178 Yeas--38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays--0

Excused--0

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.4556, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11f (MCL 247.661f), as added by 2006 PA 140.

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.179 Yeas--38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

The Senate agreed to the 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 Anderson as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendment, the following bill:

House Bill No.4177, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2118 and 2120 (MCL 500.2118 and 500.2120), section 2118 as amended by 2002 PA 492 and section 2120 as amended by 1984 PA 350, and by adding section 2116a.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 1, line 8, after "STATES" by inserting "FOR AT LEAST 30 CONSECUTIVE DAYS".

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

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No.94, entitled

A bill to provide for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to repeal acts and parts of acts.

Substitute (H-3).

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

Senator Cassis offered the following substitute to the House substitute:

Substitute (S-9).

The substitute to the substitute was adopted.

The question being on concurring in the House substitute, as substituted,

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

Roll Call No.180 Yeas--20

Allen Cropsey Jansen Pappageorge

Birkholz Garcia Jelinek Richardville

Bishop George Kahn Stamas

Brown Gilbert Kuipers Thomas

Cassis Hardiman McManus Van Woerkom

Nays--18

Anderson Clark-Coleman Olshove Schauer

Barcia Clarke Patterson Scott

Basham Gleason Prusi Switalski

Brater Hunter Sanborn Whitmer

Cherry Jacobs

Excused--0

Not Voting--0

In The Chair: President

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

The motion prevailed.

Senator Thomas' statement is as follows:

I, too, rise in support of the Cassis substitute. It creates key points of difference necessary to continue this process moving forward. While it doesn't necessarily get us to the final deal, it does create the doorway to get us there. It is a framework for completion of our work that we hope we can do in the next week.

With that in mind, I will also support this sub and the bill so that we can send it back to the House and go to a very agreeable conference committee.

Introduction and Referral of Bills

Senators Kuipers, Cropsey, Sanborn and Allen introduced

Senate Bill No.591, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding chapter 30.

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

Senators Olshove, Barcia, Jansen, Jacobs, Pappageorge, Hardiman and Birkholz introduced

Senate Bill No.592, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2832 (MCL 333.2832), as amended by 1996 PA 307, and by adding section 2832a.

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

Senators Gleason, Kahn, Clarke, George, Scott, Birkholz, Schauer, Jacobs, Anderson, Hunter, Cropsey, Patterson, Jelinek, Gilbert, Basham, Thomas, Hardiman, McManus, Kuipers, Van Woerkom, Jansen, Barcia, Clark-Coleman, Richardville, Bishop and Switalski introduced

Senate Bill No.593, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 13101 and 13102 (MCL 333.13101 and 333.13102), as added by 1996 PA 223, and by adding sections 13104, 13105, 13106, 13107, 13108, 13109, and 13110.

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

Senators Stamas, Barcia, Allen, Jacobs, Switalski, Kuipers, Clarke, Jansen and Van Woerkom introduced

Senate Bill No.594, entitled

A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 11 (MCL 409.111), as amended by 2000 PA 418.

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

House Bill No.4372, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9k.