No. 27

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Thursday, March 13, 2008.

10:00 a.m.

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

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

Allen—present Garcia—excused 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—present

Clark-Coleman—excused Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present Olshove—present

Reverend Patrick Clarey of Country Christian Evangelical Free Church of Scotts offered the following invocation:

Lord God Almighty and our Heavenly Father, we joyfully acknowledge afresh this day our absolute dependence upon You for all things, including life, liberty, and the pursuit of happiness. For, apart from You, there is no real goodness nor happiness, and it is only in You that we live and move and have our being.

We thank You afresh this day for Your gracious provision in allowing us to be citizens of a country where we have freedom and where You have showered us with so much bounty. We acknowledge freedom is not free, so let us never take our freedom or our country for granted. We pray for Your ongoing protection for our men and women in the armed services.

Thank you for letting us live in Michigan where we so clearly see Your glory in Your creation all around us in the woodlands, lakes, and changing seasons. May You make us all wise stewards of the resources You have placed in our hands, both natural and material.

Thank you for Your gift of government and those willing to serve You by serving in government. We ask for Your wisdom and guidance for each one in the Senate today. We ask that each one here would acknowledge their need of seeking You and living for Your glory. May Your loving hand guide all that is said and done.

We ask all this in the name of our Lord Jesus Christ and for His honor and glory. Amen.

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

Motions and Communications

Senator Cropsey moved that Senator Kahn be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Thomas moved that Senators Barcia and Clarke be temporarily excused from today’s session.

The motion prevailed.

Senator Thomas moved that Senators Clark-Coleman and Hunter be excused from today’s session.

The motion prevailed.

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

Senate Bill No. 1135

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

Senators Kahn, Clarke and Barcia entered the Senate Chamber.

The following communications were received and read:

Office of the Auditor General

March 11, 2008

Enclosed is a copy of the following audit report:

Performance audit of the Economic Development Fund, Michigan Department of Transportation.

March 11, 2008

Enclosed is a copy of the following audit report:

Follow-up of the performance audit of the Food Assistance Program, Family Independence Agency.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

The following communication was received and read:

Office of the Senate Majority Leader

March 11, 2008

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Committee on Economic Development and Regulatory Reform hold a hearing on the appointment of Kenneth M. Ross as Commissioner of the Office of Financial and Insurance Services, and make a written recommendation to the Government Operations and Reform Committee on this appointment.

Sincerely,

Senator Michael D. Bishop, Chairman

Government Operations and Reform Committee

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 12:

House Bill Nos. 5841 5842 5843 5844 5845 5846 5847 5848 5849 5850 5851 5852 5853 5854

5855 5856

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, March 12, for her approval the following bills:

Enrolled Senate Bill No. 712 at 2:04 p.m.

Enrolled Senate Bill No. 713 at 2:06 p.m.

Enrolled Senate Bill No. 714 at 2:08 p.m.

The Secretary announced that the following official bills were printed on Wednesday, March 12, and are available at the legislative website:

Senate Bill Nos. 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204

House Bill Nos. 5870 5871 5872 5873 5874 5875 5876 5877 5878 5879

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

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

Senate Bill No. 436

Senate Bill No. 222

Senate Bill No. 229

Senate Bill No. 232

Senate Bill No. 238

Senate Bill No. 240

The motion prevailed.

The following messages from the Governor were received and read:

March 12, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointments to state office under Sections 302 and 2002 of the Occupational Code, 1980 PA 299, MCL 339.302 and 339.2002:

Board of Architects

Mr. John G. Kraus of 2770 Alger Street S.E., Grand Rapids, Michigan 49546, county of Kent, succeeding Ronald L. Hausmann, whose term has expired, representing professional engineers, for a term commencing March 12, 2008 and expiring March 31, 2011.

Mr. Steven C. Flum of 1335 Bagley Street, Detroit, Michigan 48226, county of Wayne, reappointed to represent architects, for a term commencing April 1, 2008 and expiring March 31, 2012.

Mr. Daniel A. Redstone of 3347 Bloomfield Shore Drive, West Bloomfield, Michigan 48323, county of Oakland, reappointed to represent architects, for a term expiring on March 31, 2011.

March 12, 2008

I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following appointments and reappointments to office under Sections 302 and 2002 of the Occupational Code, 1980 PA 299, MCL 339.302 and 339.2002:

Board of Professional Engineers

Mr. Charles Dulic of 2453 Barnsbury Road, East Lansing, Michigan 48823, county of Ingham, succeeding Regine C. Beauboeuf, who has resigned, representing professional engineers, for a term commencing March 12, 2008 and expiring March 31, 2008 and reappointed for a term commencing April 1, 2008 and expiring March 31, 2012.

Mr. Keith M. Swaffar of 18440 Chatham Street, Riverview, Michigan 48192, county of Wayne, succeeding Ronald L. Hausmann, whose term has expired, representing professional engineers, for a term commencing March 12, 2008 and expiring March 31, 2011.

Ms. Karol L. Grove of 4237 Curtis Road, Highland, Michigan 48357, county of Oakland, reappointed to represent the professional surveyors, for a term commencing April 1, 2008 and expiring March 31, 2012.

March 12, 2008

I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following appointment and reappointments to office under Sections 302 and 2002 of the Occupational Code, 1980 PA 299, MCL 339.302 and 339.2002:

Board of Professional Surveyors

Mr. George Y. Karmo of 29888 Harrow Drive, Farmington Hills, Michigan 48331, county of Oakland, succeeding Regine C. Beauboeuf, who has resigned, representing professional engineers, for a term commencing March 12, 2008 and expiring March 31, 2008 and reappointed for a term commencing April 1, 2008 and expiring March 31, 2012.

Ms. Karol L. Grove of 4237 Curtis Road, Highland, Michigan 48357, county of Oakland, reappointed to represent professional surveyors, for a term commencing April 1, 2008 and expiring March 31, 2012.

Mr. William L. Karr of 28705 South M-129, Pickford, Michigan 49774, county of Chippewa, reappointed to represent professional surveyors, for a term expiring March 31, 2011.

Mr. Daniel A. Redstone of 3347 Bloomfield Shore Drive, West Bloomfield, Michigan 48323, county of Oakland, reappointed to represent professional architects, for a term commencing expiring March 31, 2011.

March 12, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointment to state office under Sections 16121 and 18505 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.18505:

Michigan Board of Social Work

Mr. Ronald J. Calery, M.S.W., A.C.S.W., of 1315 Park Street, Sault Ste. Marie, Michigan 49783, county of Chippewa, succeeding Gail Hauser-Hurley, whose term has expired, representing certified social workers, for a term commencing March 12, 2008 and expiring December 31, 2011.

Ms. Carolyn J. Curran of 821 Roxburgh Avenue, East Lansing, Michigan 48823, county of Ingham, succeeding Mark D. Smith, who has resigned, representing the general public, for a term commencing March 12, 2008 and expiring December 31, 2008.

Ms. Anwar Najor-Durack, M.S.W., A.C.S.W., of 6752 Wind Mill Lane, West Bloomfield, Michigan 48324, county of Oakland, reappointed to represent certified social workers, for a term expiring December 31, 2011.

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. 53

House Bill No. 4120

Senate Bill No. 511

House Bill No. 4507

Senate Bill No. 388

Senate Bill No. 868

The motion prevailed.

Senate Bill No. 364, entitled

A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 2, 5, 6, 9, 18, 20, 22, 23, and 27 (MCL 125.2872, 125.2875, 125.2876, 125.2879, 125.2888, 125.2890, 125.2892, 125.2893, and 125.2897), sections 5 and 18 as amended by 2007 PA 44.

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.

Senate Bill No. 1076, entitled

A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 1 (MCL 125.1651), as amended by 2006 PA 659.

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

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

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Cropsey moved that the rule be suspended.

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

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

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

Roll Call No. 137 Yeas—35

Allen Cherry Jelinek Sanborn

Anderson Clarke Kahn Schauer

Barcia Cropsey Kuipers Scott

Basham George McManus Stamas

Birkholz Gilbert Olshove Switalski

Bishop Gleason Pappageorge Thomas

Brater Hardiman Patterson Van Woerkom

Brown Jacobs Prusi Whitmer

Cassis Jansen Richardville

Nays—0

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

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

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 President pro tempore, Senator Richardville, designated Senator Basham as Chairperson.

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

Senate Bill No. 1157, entitled

A bill to amend 1960 PA 77, entitled “An act to create the Michigan higher education assistance authority and to prescribe its powers and duties; to authorize persons, corporations, and associations to make gifts to the authority; to prescribe the powers and duties of certain state officials; to authorize, ratify, and confirm certain guarantees of students’ loans and authorize reguarantees; to authorize, ratify, and confirm certain guarantees of loans made to parents of students; to validate certain prior appropriations; and to authorize the transfer of certain appropriations to be transferred to and administered by the authority,” (MCL 390.951 to 390.961) by adding section 7b; and to repeal acts and parts of acts.

The bill 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. 218, entitled

A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 9 (MCL 207.559), as amended by 2006 PA 436.

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. 1135, entitled

A bill to provide for the establishment of zoological authorities; to provide powers and duties of a zoological authority; to authorize the levy of a property tax by a zoological authority; and to provide for the powers and duties of certain government officials.

Substitute (S-3).

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

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 bill, now on the order of Third Reading of Bills, be placed on its immediate passage:

Senate Bill No. 1135

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:

House Bill No. 5184

Senate Bill No. 882

Senate Bill No. 883

Senate Bill No. 1115

Senate Bill No. 1168

House Bill No. 4868

House Bill No. 5319

Senate Bill No. 1135

The motion prevailed.

The following bill was read a third time:

House Bill No. 5184, entitled

A bill to authorize the state administrative board to accept and convey certain real property in Ingham county; to prescribe certain conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

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—35

Allen Cherry Jelinek Sanborn

Anderson Clarke Kahn Schauer

Barcia Cropsey Kuipers Scott

Basham George McManus Stamas

Birkholz Gilbert Olshove Switalski

Bishop Gleason Pappageorge Thomas

Brater Hardiman Patterson Van Woerkom

Brown Jacobs Prusi Whitmer

Cassis Jansen Richardville

Nays—0

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

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.

The following bill was read a third time:

Senate Bill No. 882, entitled

A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 8 (MCL 205.427 and 205.428), section 7 as amended by 2004 PA 164 and section 8 as amended by 2005 PA 238.

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—35

Allen Cherry Jelinek Sanborn

Anderson Clarke Kahn Schauer

Barcia Cropsey Kuipers Scott

Basham George McManus Stamas

Birkholz Gilbert Olshove Switalski

Bishop Gleason Pappageorge Thomas

Brater Hardiman Patterson Van Woerkom

Brown Jacobs Prusi Whitmer

Cassis Jansen Richardville

Nays—0

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 883, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 3 (MCL 205.53), as amended by 2004 PA 173.

The question being on the passage of the bill,

Senator Jansen offered the following amendment:

1. Amend page 3, line 25, after “MAY” by striking out the balance of the subsection and inserting “PROHIBIT THE SALE OF ANY PRODUCTS SUBJECT TO THE TAX LEVIED UNDER THIS ACT AT ANY LOCATION WHERE A PERSON KNOWINGLY VIOLATED THE TOBACCO PRODUCTS TAX ACT, 1993 PA 327, MCL 205.421 TO 205.436. IF A PERSON IS PROHIBITED FROM THE SALE OF PRODUCTS SUBJECT TO THE TAX LEVIED UNDER THIS ACT UNDER THIS SUBSECTION, THE DEPARTMENT SHALL IDENTIFY THE NAME, ADDRESS, AND LOCATION WHERE THE PERSON KNOWINGLY VIOLATED THE TOBACCO PRODUCTS TAX ACT, 1993 PA 327, MCL 205.421 TO 205.436, ON THE DEPARTMENT WEBSITE.”.

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. 140 Yeas—35

Allen Cherry Jelinek Sanborn

Anderson Clarke Kahn Schauer

Barcia Cropsey Kuipers Scott

Basham George McManus Stamas

Birkholz Gilbert Olshove Switalski

Bishop Gleason Pappageorge Thomas

Brater Hardiman Patterson Van Woerkom

Brown Jacobs Prusi Whitmer

Cassis Jansen Richardville

Nays—0

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1115, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 431a.

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. 141 Yeas—34

Allen Clarke Kahn Sanborn

Anderson Cropsey Kuipers Schauer

Barcia George McManus Scott

Basham Gilbert Olshove Stamas

Birkholz Gleason Pappageorge Switalski

Bishop Hardiman Patterson Thomas

Brater Jacobs Prusi Van Woerkom

Brown Jansen Richardville Whitmer

Cherry Jelinek

Nays—1

Cassis

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1115 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Cassis’ statement is as follows:

I rise to raise consistent concerns with the policy issue of a refundable credit that exists within this bill. We all want to stimulate our economy; we are all dedicated to that, and a credit alone for this particular company would certainly provide tax relief. But as you all know, with the recent increase in taxes through the Michigan business tax, some of our small to mid-size businesses are now realizing a 200 percent to 300 percent on up increase in liability. That is very hard for them to be able to offset; in fact, they can’t. So with this recent increase in the MBT compounded by that of the income tax increase and a 22 percent surcharge increase on the MBT, it is really creating hardships for so many.

Again I want to stress I know there is a need to help stimulate this economy, and my efforts as Finance Committee chair have been strongly in that direction, but I urge caution and being fair about how we do this so the many rather than just the few can benefit. Reducing the tax burden on all would be most equitable, but going above and beyond and giving special refundable, favored state tax treatment to a limited number of companies—and this is the most important part—hampers our efforts to offer broad-based tax relief.

The following bill was read a third time:

Senate Bill No. 1168, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 455.

The question being on the passage of the bill,

Senator Cassis offered the following amendment:

1. Amend page 7, line 11, after “YEAR,” by striking out the balance of the line through “COMPANY” on line 12 and inserting “THAT PORTION OF THE CREDIT THAT EXCEEDS THE TAX LIABILITY SHALL NOT BE REFUNDED”.

The amendment was not adopted, a majority of the members serving not 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. 142 Yeas—34

Allen Clarke Kahn Sanborn

Anderson Cropsey Kuipers Schauer

Barcia George McManus Scott

Basham Gilbert Olshove Stamas

Birkholz Gleason Pappageorge Switalski

Bishop Hardiman Patterson Thomas

Brater Jacobs Prusi Van Woerkom

Brown Jansen Richardville Whitmer

Cherry Jelinek

Nays—1

Cassis

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1168 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Cassis’ statement is as follows:

Yesterday both of our chambers unanimously approved a bold incentive package to attract the movie industry and commercial production companies. Michigan is now potentially one of the strongest in the country in terms of their position to now be able to compete. This is positive; it’s a good thing. But one provision in Senate Bill No. 1168 goes above and beyond tax relief. Once again, it provides a refund after removing all tax liability. What this means is, for example, if the company had a $500,000 tax liability and after all credits were added up, they had no tax liability, but the credits themselves were worth $600,000, essentially a refund check of $10,000 would be given to them in the mail.

Yes, I know it’s been argued that other states may do so, but I have to ask this question: How many of those other states are in this profound economic recession that Michigan finds itself? We support credits, but going beyond and giving certain favored companies or businesses a check in the mail hurts all those other businesses that are here right now, today, paying taxes. They are not receiving any relief. They are trying to hold on.

So let me say one more time: Expanding relief to all—large, small, medium-sized businesses, new ones, old ones—is the alternative that could make the most sense and just be the ultimate economic stimulus.

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

The motion prevailed.

Senator Kahn’s statement is as follows:

This bill ushers in a new day for us and the film industry. It’s a day also of bipartisanship going back to when Governor Granholm framed the notions of this package as a commitment by all sides to work together in an era of unprecedented cooperation. This is a time when we believe that expanding business and expanding a film package and looking at the notions of jobs as more than just about motion pictures or TV shows or commercials or documentaries or mini-series or video games—all of which will be incentivized by this bill and by the group that this is a part of. This is about jobs for our people, keeping our children at home, and hope for a recovery here. I urge the passage of this bill.

The following bill was read a third time:

House Bill No. 4868, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending sections 4q and 4r (MCL 117.4q and 117.4r), section 4q as added by 2003 PA 316 and section 4r as added by 2003 PA 317.

The question being on the passage of the bill,

Senator Thomas offered the following amendment:

1. Amend page 2, line 8, after “$10,000.00.” by striking out “THIS SECTION DOES NOT AUTHORIZE A PROCEEDING AGAINST A FORECLOSING GOVERNMENTAL UNIT AS DEFINED UNDER SECTION 78 OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.78, OR AN AUTHORITY CREATED UNDER THE LAND BANK FAST TRACK ACT, 2003 PA 258, MCL 124.751 TO 124.774.”.

The amendment was not adopted, a majority of the members serving not 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. 143 Yeas—35

Allen Cherry Jelinek Sanborn

Anderson Clarke Kahn Schauer

Barcia Cropsey Kuipers Scott

Basham George McManus Stamas

Birkholz Gilbert Olshove Switalski

Bishop Gleason Pappageorge Thomas

Brater Hardiman Patterson Van Woerkom

Brown Jacobs Prusi Whitmer

Cassis Jansen Richardville

Nays—0

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

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 the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5319, entitled

A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141b (MCL 125.541b), as added by 1992 PA 144.

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. 144 Yeas—35

Allen Cherry Jelinek Sanborn

Anderson Clarke Kahn Schauer

Barcia Cropsey Kuipers Scott

Basham George McManus Stamas

Birkholz Gilbert Olshove Switalski

Bishop Gleason Pappageorge Thomas

Brater Hardiman Patterson Van Woerkom

Brown Jacobs Prusi Whitmer

Cassis Jansen Richardville

Nays—0

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

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 promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety, and improvement of dwellings; to define the classes of dwellings affected by the act, and to establish administrative requirements; to prescribe procedures for the maintenance, improvement, or demolition of certain commercial buildings; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No. 1135, 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. 145 Yeas—33

Allen Cropsey Kahn Sanborn

Barcia George Kuipers Schauer

Birkholz Gilbert McManus Scott

Bishop Gleason Olshove Stamas

Brater Hardiman Pappageorge Switalski

Brown Jacobs Patterson Thomas

Cassis Jansen Prusi Van Woerkom

Cherry Jelinek Richardville Whitmer

Clarke

Nays—2

Anderson Basham

Excused—3

Clark-Coleman Garcia Hunter

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Senators Bishop, Brown and Clarke were named co‑sponsors of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Concurrent Resolution No. 22

Senate Resolution No. 154

Senate Concurrent Resolution No. 27

The motion prevailed.

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

Senate Resolution No. 158

The resolution consent calendar was adopted.

Senator Jacobs offered the following resolution:

Senate Resolution No. 158.

A resolution designating April 2, 2008, as a Day of Hope.

Whereas, The future of our society is directly tied to the emotional, physical, and intellectual health of our most precious asset—our children; and

Whereas, The problems of abuse and neglect of young children too often result in an increase in crime, delinquency, substance abuse, and a perpetuating cycle of abuse and neglect; and

Whereas, Each year more than 3 million children in our country are reported as suspected victims of child abuse and neglect; and

Whereas, More than 500,000 American children are unable to live safely with their families and are placed in foster homes; and

Whereas, It is estimated that each year over 1,000 children lose their lives due to abuse and neglect in this country; and

Whereas, Childhelp, an organization founded in 1959, is one of the largest and oldest national nonprofit organizations that is dedicated to helping to meet the needs of the victims and potential victims of child abuse and neglect; and

Whereas, April 2, 2008, has been designated as a Day of Hope in order to focus public awareness on child abuse prevention. It is also set apart to recognize the citizens, volunteers, secular and faith-based organizations, and businesses that commit their energy and resources to further the best interests of youth; now, therefore, be it

Resolved by the Senate, That we hereby designate April 2, 2008, as a Day of Hope. We encourage all Michigan citizens to keep the victimized children in their thoughts and prayers and seek to break this cycle of abuse and neglect to give our children hope for the future; and be it further

Resolved, That the Senate supports the goals and ideas of the Day of Hope and commends Childhelp for its efforts on behalf of abused and neglected children everywhere; and be it further

Resolved, That a copy of this resolution be transmitted to Childhelp as a token of our highest esteem.

Senators Basham, Birkholz, Cherry, Clarke, Gleason, Olshove, Pappageorge, Schauer, Scott and Switalski were named co‑sponsors of the resolution.

Senator Cropsey moved that rule 3.204 be suspended to permit immediate consideration of the following resolutions:

Senate Resolution No. 159

Senate Concurrent Resolution No. 28

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

Senator Jansen offered the following resolution:

Senate Resolution No. 159.

A resolution to urge the Michigan Department of Community Health, in partnership with physicians, pharmacists, health facilities, and educational institutions, to increase awareness among children, young adults, and parents about the dangers of using prescriptions or over-the-counter drugs prescribed for another person and to encourage parents and adult family members to keep these medications out of a child’s reach.

Whereas, Household medicine cabinets pose a danger to the health and safety of children and young adults; medicine cabinets may contain a myriad of medications including pain relievers, anti-depressants, and anti-hypertensives that can harm children and teenagers. A child mistakenly may believe that medicine prescribed to a family member is safe for them or may believe that all medicine in the home is risk-free; and

Whereas, For example, a teenage boy in Rockford, Michigan, died from an allergic reaction to his mother’s pain medication that he took to ease the pain of an injury. Tragically, he was not aware that any use of a pain medication not prescribed to him could have serious consequences; and

Whereas, Some young people may unfortunately experiment with prescription and over-the-counter (OTC) medications often found in their home or a friend’s home. One example is “skittle parties” where kids take handfuls of a common cold and flu medication and experience hallucinations and other effects. Another example is “trail mix parties” where kids take handfuls of pills from bowls filled with random medications. According to the University of Michigan Monitoring the Future Survey, 3 percent of eighth graders, 7 percent of tenth graders, and about 10 percent of twelfth graders abused prescription drugs in 2006; and

Whereas, Prescription and OTC medications that are abused or used for non-medical reasons can harm a child’s developing brain, can alter brain activity, and can lead to dependence. We need to communicate with our children and young adults that prescription medications, OTC medications, and other common items found in medicine cabinets are potentially dangerous and should not be used without direct permission and supervision; and

Whereas, To protect the safety of their family, parents must take great care to keep medicines out of their children’s reach and to discard any that are no longer required to treat a medical condition so that these substances are not available to be misused; now, therefore, be it

Resolved by the Senate, That we urge the Michigan Department of Community Health, in partnership with physicians, pharmacists, health facilities, and educational institutions, to increase awareness among children, young adults, and parents about the dangers of using prescriptions or over-the-counter drugs prescribed for another person and to encourage parents and adult family members to keep these medications out of a child’s reach; and be it further

Resolved, That copies of this resolution be transmitted to the director of the Michigan Department of Community Health and be made available to all K-12 schools, colleges, universities, educational institutions, physician offices, and health care facilities in the state of Michigan.

The question being on the adoption of the resolution,

The resolution was adopted.

Senators Allen, Anderson, Barcia, Basham, Birkholz, Bishop, Brater, Brown, Cassis, Cherry, Clarke, Cropsey, George, Gilbert, Gleason, Hardiman, Jacobs, Jelinek, Kahn, Kuipers, McManus, Olshove, Pappageorge, Patterson, Prusi, Richardville, Sanborn, Schauer, Scott, Stamas, Switalski, Thomas, Van Woerkom and Whitmer were named co‑sponsors of the resolution.

Senator Jansen offered the following concurrent resolution:

Senate Concurrent Resolution No. 28.

A concurrent resolution to urge the Michigan Department of Community Health, in partnership with physicians, pharmacists, health facilities, and educational institutions, to increase awareness among children, young adults, and parents about the dangers of using prescriptions or over-the-counter drugs prescribed for another person and to encourage parents and adult family members to keep these medications out of a child’s reach.

Resolved by the Senate (the House of Representatives concurring), That we urge the Michigan Department of Community Health, in partnership with physicians, pharmacists, health facilities, and educational institutions, to increase awareness among children, young adults, and parents about the dangers of using prescriptions or over-the-counter drugs prescribed for another person and to encourage parents and adult family members to keep these medications out of a child’s reach; and be it further

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Senator Cropsey moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the concurrent resolution.

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

Introduction and Referral of Bills

Senators Anderson, Gleason, Prusi, Scott, Cherry, Olshove, Switalski, Basham and Birkholz introduced

Senate Bill No. 1208, entitled

A bill to designate an official Scottish tartan of this state.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Senators Clark-Coleman, Thomas, Scott, Clarke, Olshove, Basham, Pappageorge, Gleason, Cherry and Hunter introduced

Senate Bill No. 1209, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 12608b.

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

Senators Thomas, Clark-Coleman, Cherry, Gleason and Hunter introduced

Senate Bill No. 1210, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 12608a.

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

Senators Garcia, Cropsey, Allen, Barcia, Olshove, Basham and Pappageorge introduced

Senate Bill No. 1211, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312e (MCL 257.312e), as amended by 2006 PA 298.

The bill was read a first and second time by title and referred to the Committee on Senior Citizens and Veterans Affairs.

Senators Switalski, Garcia and Birkholz introduced

Senate Bill No. 1212, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2004 PA 52.

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

House Bill No. 5841, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 455.

The House of Representatives has passed the bill and ordered that it be given immediate effect.