2007-SJ-11-08-118

No. 118

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Thursday, November 8, 2007.

10:00a.m.

The Senate was called to order by the Assistant President pro tempore, Senator Alan Sanborn.

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--excused 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

Reverend J. Robert Keim of First United Methodist Church of Sturgis offered the following invocation:

O God, we come before You this day of Your creation, praying together that we will draw ever closer to realizing Your will for all within this state and for all in our nation. As we open ourselves to You, may Your Spirit fill all those within this chamber as they seek to discern the pathways that will best reflect the possibilities You lay before us.

O God, may it be that You inspire the imagination of Your servants who gather here as they lead our state. May they be given open minds and hearts to hear Your voice during their deliberations. May they be given eyes to see You in each other as they wrestle with the issues of the day. May they feel You in the touch of a handshake that reflects a willingness to reach out and work together to find the center and focus of Your will.

O God, fill those here, who have been called to leadership, with a state's gratitude for the many sacrifices they make for all in our state. May they be honored and respected for the difficult tasks that are put before them. May they know and feel the admiration of a grateful state.

O God, may it be said of this day, and all the days to come within this chamber, that the best of our state's great past, the wonderful promises of the present, and Your vision for the future form together here. May the men and women You have called to be the leaders among us be surrounded by Your Spirit. May they be given the serenity to accept the thingsthey cannot change, the courage to change the things they can, and the wisdom to know the difference. May it be so. Amen.

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

Motions and Communications

Senators Cassis, Garcia and Jansen entered the Senate Chamber.

Senator Cropsey moved that Senators Gilbert, Kahn and Kuipers be temporarily excused from today's session.

The motion prevailed.

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

Senate Bill No.868

Senate Bill No.869

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

Senator Cropsey moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today:

Senate Concurrent Resolution No.22

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

Senators Barcia, Kahn and Kuipers entered the Senate Chamber.

Senator Anderson moved that Senators Brater and Gleason be temporarily excused from today's session.

The motion prevailed.

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

The motion prevailed.

The Secretary announced that the following official bill and joint resolution were printed on Wednesday, November 7, and are available at the legislative website:

House Bill No. 5410

House Joint Resolution EE

By unanimous consent the Senate proceeded to the order of

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 Assistant President pro tempore, Senator Sanborn, designated Senator Hardiman as Chairperson.

After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Sanborn, havingresumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No.868, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 50b, 75, and 79 (MCL 38.1050b, 38.1075, and 38.1079), sections 50b and 75 as amended by 1998 PA 501 and section 79 as amended by 2006 PA 614, and by adding section 79a.

Substitute (S-2).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 7, line 6, after "4" by striking out "OR MORE BUT LESS THAN" and inserting "YEARS, NOT TO EXCEED".

2. Amend page 7, line 12, after "4" by striking out "BUT LESS THAN" and inserting "YEARS, NOT TO EXCEED".

The Senate agreed to the substitute, as amended, 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.869, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 715 and 719 (MCL 38.2665 and 38.2669), section 715 as amended by 1999 PA 215 and section 719 as added by 1996 PA 523.

Substitute (S-1).

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

1. Amend page 5, line 15, after "4" by striking out the balance of the line through "THAN" on line 16 and inserting "YEARS, NOT TO EXCEED".

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

During the Committee of the Whole, Senators Gleason, Brater and Gilbert entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

Senate Bill No.868

Senate Bill No.869

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

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

Senate Bill No.868

Senate Bill No.869

Senate Bill No.572

The motion prevailed.

The following bill was read a third time:

Senate Bill No.868, entitled

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.482 Yeas--36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays--0

Excused--2

Hunter Thomas

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.869, entitled

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.483 Yeas--36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays--0

Excused--2

Hunter Thomas

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.572, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40114 (MCL 324.40114), as amended by 2004 PA 587.

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.484 Yeas--36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays--0

Excused--2

Hunter Thomas

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No.125

The resolution consent calendar was adopted.

Senator Cherry offered the following resolution:

Senate Resolution No.125.

A resolution recognizing November 8, 2007, as National Parents As Teachers Day in Michigan.

Whereas, November 8, 2007, is designated as National Parents As Teachers Day, the program having begun in Missouri in 1985; and

Whereas, Michigan became affiliated with Parents As Teachers in 1991 and has 100 programs serving 220 communities; and

Whereas, Parents As Teachers Day is celebrated each year on November 8 to pay tribute to the more than 3,000 Parents As Teachers programs located in 50 states and 6 countries; and

Whereas, These programs give all parents, regardless of social or economic circumstances, the support and guidance necessary to be their children's first and best teacher in the critical early years; and

Whereas, Parents As Teachers is an international early childhood parent education and family support program, serving families throughout pregnancy until their child enters kindergarten, usually age 5; and

Whereas, The program is designed to enhance child development, decrease abuse and neglect, and improve school readiness through parent education accessible to all families; now, therefore, be it

Resolved by the Senate, That we hereby observe November 8, 2007, as National Parents As Teachers Day in Michigan to recognize community programs, such as Parents As Teachers, that support parents in their role as their children's first and best teacher. In Michigan, we urge citizens to acknowledge and show their appreciation for the contributions of Parents As Teachers to the children of our state.

Senators Anderson, Barcia, Birkholz, Clark-Coleman, Clarke, Gleason, Kuipers, Olshove, Pappageorge, Prusi, Richardville and Switalski were named co-sponsors of the resolution.

Senate Concurrent Resolution No.22.

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was adopted.

The question being on the adoption of the concurrent resolution, as substituted,

Senator Cropsey requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

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

Roll Call No.485 Yeas--32

Allen Clarke Jansen Prusi

Anderson Cropsey Jelinek Richardville

Barcia Garcia Kahn Sanborn

Birkholz George Kuipers Schauer

Bishop Gilbert McManus Stamas

Brown Gleason Olshove Switalski

Cassis Hardiman Pappageorge Van Woerkom

Clark-Coleman Jacobs Patterson Whitmer

Nays--4

Basham Brater Cherry Scott

Excused--2

Hunter Thomas

Not Voting--0

In The Chair: Sanborn

Protest

Senator Basham, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Concurrent Resolution No.22 and moved that the statement he made during the discussion of the resolution be printed as his reasons for voting "no."

The motion prevailed.

Senator Basham's statement is as follows:

The previous speaker did not define "great deal of money." This is good political politics. The legislative body in this state has not received a raise in 12 years, gave themselves a 38 percent raise after 12 years, and then hasn't received a raise 10 years after that.

So this has actually been about a percent and a quarter a year going over the last 22 years. So 22 years, one and a quarter percent is not unreasonable. As a matter of fact, if you look at legislative pay compared to an assistant principal of a high school or a district court judge, it really is not a great deal of money. The legislative body should not be a body made up strictly of folks who are millionaires and come up here and dabble in state politics and then go back to their business. It should be about the everyday working man or woman who wants to come up here and serve and actually be compensated for it. Some people are actually--I personally have grandchildren, so I am okay. But this does not actually affect this legislative body, so is it okay for us to mess with the next legislative body just as we did with term limits. Be careful of what you ask for; you just might get it.

So when people don't want to leave in the middle of a career to come up here and serve in the legislative body; when they don't want to actually get fairly compensated for doing public service, you are going to get a group of folks who might be restricted who would otherwise. If a working man or woman wanted to come up here, there might be some incentive for them to come up here.

Again, this legislative pay, basically, we could probably be doing a better job in working together. I would agree with the other side of the aisle. We could find comprehensive solutions to the state's budget crisis. I would agree with the Governor on that one. This chamber, actually, should be working with the other chamber and the Governor dealing with those issues, but on this issue, I think it makes little sense.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Scott, Bishop, Sanborn, Schauer and Allen 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:

Maya Angelou is one of the most, if not the most, lyrical yet honest and heartfelt African-American writers of all times, and I have chosen her words for my statement on this day of celebration of my upcoming birthday. Ms.Angelou says, "If one is lucky, a solitary fantasy can totally transform one million realities." Listen again: one solitary fantasy can transform a million realities.

Well, my fantasy is no secret to you folks. I tell you every time we meet my fantasy, my dream is to bring insurance reform to the citizens of Michigan. The million realities it will transform are the millions of drivers and homeowners who are barely surviving under the weight of those expensive and unmanageable premiums. When I blow out the candles on my cake on November 10, you know what my wish will be. You can help me transform my fantasy to a million realities.

So I want you to please consider my bills, and, as the pastor said this morning, just please have the courage to do what is right.

Senator Bishop's statement is as follows:

Today is another day that we stop and take a moment and look around us and see all the great support staff we have in this chamber for many years. So many of those who sit by us every day, who work with us to make things happen, go unnoticed in many cases, but for the most part, is so much a part of what we do. We couldn't do it without them.

One of those gentlemen is with us today, Jeff Marshall. With a heavy heart today, I announce that he is going to be leaving us after 18 years of service to the Senate. Jeff is on his way to sunny Nevada for his new endeavors. We're excited for him, and I hope that he invites us for a visit at some point in time--not that I'm inviting myself.

Jeff has been here since 1993 and has been so much a part of what the Senate does in the technical services. Since he has been here, there have been so many changes to this chamber with the automation and the new technology that allows broadcasting and televising of all of our sessions and all of our various committee work. He has been such an instrumental part of pushing Michigan and this chamber and this building itself into the 21st century.

I want to thank him for his years of service, his dedication, and for being a part of the family. We will sorely miss him in the future. We wish him and his family all the best in Nevada in the coming years.

Senator Sanborn's statement is as follows:

Jeff, we do thank you for your contributions to the Michigan Senate and to the people of the state of Michigan. We will miss your smiling face. We wish you Godspeed to you and your family.

Senator Schauer's statement is as follows:

Senator Tupac Hunter was excused earlier in today's session. He is in flight to a national leadership meeting, but he asked that I make a statement on his behalf about Senate Concurrent Resolution No.22. I will be reading this statement for the record for Senator Hunter.

He says, "I rise this morning to speak in support of the proposed reduction in legislative salaries. My only regret is that this opportunity did not present itself earlier in the budget process. Our job is to lead by example.

To not support this legislation reminds me of an old adage that authoritarian parents often used with their children that said, 'Do as I say and not as I do.' I believe it is time to follow the same precepts that we are asking of every resident of the state of Michigan. We are asking them to tighten their belts. We are asking them to be even more frugal. We are asking them to do more with less. How can we in good conscience refuse to do the same?

At a time when our state is facing one of the most challenging times in modern history, this is an opportunity to demonstrate true leadership. We must set an example and send a message to the people of the state of Michigan: We are in this crisis with you.

The last few months we have talked and talked about the need for everyone to pitch in and pay their part. It is time to walk the walk."

Senator Allen's statement is as follows:

In 1918 on the eleventh hour of the eleventh day in the eleventh month, the world rejoiced to end all wars. The war was over and the signing of the cease fire agreement to end the first war made this generation of America safe, but we know well that the battle is not ended and the world needs to be a much safer place for future generations.

As we pause today not to honor the war, but to honor the warrior, we say thank you to the brave men and women who have served our nation and earned the respect of being called a veteran. November 11th is the day to remember our debt to those who have worn the uniform of our nation, the United States of America, and it is our day to give thanks.

Our symbols are expressed to show gratitude for the service of our veterans. Our deeds must speak a strong voice to honor these brave men and women. This chamber has too often fallen silent when we have taken a pause to the 158 sonswho have paid the ultimate sacrifice for Michigan, defending freedom in Iraq and Afghanistan. Our sons, our daughters,our colleagues, our friends, and our neighbors who continue with this dedication to freedom are the true American heroes.

I'm honored to be working with the Michigan veterans' groups and active Michigan military personnel on our seniors and veterans committee. Our work has been helpful. Our work has been fruitful to protect the protectors in our veterans' package. I thank my colleagues for their support for this needed legislation, especially the committee members for their efforts. I give you my assurance that we will continue to listen to our veterans and their organizations to provide the respect and support that they have earned. Today and every day, our prayers and tears of joy are for the American people who are proudly wearing the uniform and have worn this uniform for our nation. We owe a great deal of courage and gratitude for these men and women.

Our office is welcoming back Jeff Cassidy from his fifth tour overseas protecting our country. May we give an appropriate Senate welcome to one of our staff people, Jeff Cassidy.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Gilbert introduced

Senate Bill No.886, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7dd (MCL 211.7dd), as amended by 2006 PA 114.

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

Senators Basham, Kahn, Pappageorge and Gilbert introduced

Senate Bill No.887, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2006 PA 661.

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

Senators Brown, Jelinek, Pappageorge and Van Woerkom introduced

Senate Bill No.888, entitled

A bill to amend 1917 PA 350, entitled "An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act," by amending sections 4, 5, and 8 (MCL 445.404, 445.405, and 445.408), as amended by 2006 PA 675.

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

Senators Brown, Richardville, Gilbert, Kahn, Birkholz, Gleason, Pappageorge, Jansen, Van Woerkom and Hardiman introduced

Senate Bill No.889, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 174.