No. 44

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Thursday, May 10, 2007.

10:00a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was 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--excused

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--excused Whitmer--present

Cropsey--present Olshove--present

Pastor Darryl Tolbert of Bethel Baptist Church of Three Rivers offered the following invocation:

Eternal and wise God, our Father, we come before You now acknowledging that You are God and You are God all by Yourself. There's no God like You or beside You. We come at this time, O God, asking and seeking Your guidance and Your direction. We come at the same time, O Father, thanking You for the privilege of being able to assemble in this great government. We thank You for the land in which we live, the freedoms which we enjoy, and the rights which we have.

God, we pray for each and every legislator. We pray for wisdom as we deal with the complex issues of our day. We ask for Your guidance. We ask, O God, for Your help. We pray, O Father, that we will work together, and we will continue, O God, to understand and appreciate all people and the differences that all of us bring.

We pray, O Father, that we are mindful that as we stand here today, we have young men and women who are in distant lands on battlefields. We pray for their safety and for their preservation. We pray for their families. Comfort them. We pray for those who are bereaved, that You would also comfort them, O God.

Now, Father, we thank You again for this wonderful day. We pray that as we go forward, we will be mindful that it is because of You that we live, we move, and we have our being.

We ask this prayer now in Jesus' name. Amen.

The President pro tempore, Senator Richardville, 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.

10:24a.m.

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

During the recess, Senators Sanborn, Stamas, Hardiman, Bishop, Jansen, Cassis, Jelinek, Allen, Van Woerkom, Garcia, George, Pappageorge, Birkholz, Kuipers, Gilbert, Patterson and Kahn entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

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

The motion prevailed.

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

The motion prevailed.

Senator Cropsey moved that rule 3.902 be suspended to allow the guests of Senator Basham admittance to the Senate floor, including the center aisle.

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

Senator Cropsey moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.

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

Recess

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

The motion prevailed, the time being 10:25a.m.

10:37a.m.

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

During the recess, Senator Basham introduced Joe, Kristy, and Lindsay Ratcliffe and presented them with Senate Resolution No.52, commemorating May 12-19, 2007, as Hutchinson-Gilford Progeria Syndrome Awareness Week and naming Lindsay as Michigan Progeria Ambassador; and presented Lindsay with a Detroit Pistons basketball autographed by Rasheed Wallace.

Senators Patterson and Richardville and Mr.Ratcliffe responded briefly.

Senator Cropsey moved that the Committee on Government Operations and Reform be discharged from further consideration of the following appointment:

Executive Director of the Michigan Gaming Control Board

Mr.Richard S. Kalm of 6910 West Gates, Romeo, Michigan 48065, county of Macomb, succeeding Daniel J. Gustafson, who has resigned.

The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor.

The Secretary announced that the Majority Leader has made the appointment of the following standing committee:

Finance - Senator Brown replacing Senator McManus.

The standing committee appointment was approved, a majority of the members serving voting therefor.

The Secretary announced that the following official bills and joint resolution were printed on Wednesday, May 9, and are available at the legislative website:

Senate Bill Nos. 479 480 481 482 487

House Bill Nos. 4716 4717 4718 4719 4720 4721 4722 4723 4724 4725 4726 4727

House Joint Resolution L

Messages from the Governor

Executive Director of the Michigan Gaming Control Board

Mr.Richard S. Kalm of 6910 West Gates, Romeo, Michigan 48065, county of Macomb, succeeding Daniel J. Gustafson, who has resigned.

Senator Cropsey moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the appointment, a majority of the members serving voting therefor, as follows:

Roll Call No.96 Yeas--36

Allen Cherry Hunter Prusi

Anderson Clark-Coleman Jacobs Richardville

Barcia Clarke Jansen Sanborn

Basham Cropsey Jelinek Schauer

Birkholz Garcia Kahn Stamas

Bishop George Kuipers Switalski

Brater Gilbert Olshove Thomas

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays--0

Excused--2

McManus Scott

Not Voting--0

In The Chair: Richardville

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 rise to support very strongly the appointment of Richard S. Kalm as Executive Director of the Michigan Gaming Control Board.

Mr.Kalm has spent his entire career in law enforcement managing a 500-member department that provides law enforcement services to its own citizens, as well as a couple dozen municipalities by contract in Macomb County. Additionally, his department is tasked with securing, booking, transporting, and housing prison inmates. He also has extensive experience coordinating cooperative efforts with the Michigan State Police, the FBI, DEA, and local police departments. This background makes Mr.Kalm well-qualified to run a large regulatory organization whose mission is to protect the public trust and preserve the integrity of the gaming industry here in the state of Michigan.

It should be noted that Mr.Kalm will be managing an organization that is run primarily by a volunteer, unpaid board. So the executive director will play a critical, critical role in the daily oversight of the more than 100 investigators and law enforcement, as well as regulators. It is a very, very critical job towards the state of Michigan in protecting Michigan's growing gaming industry.

For these reasons, I commend Richard Kalm for accepting this position with the Governor's office. I strongly recommend that the Senate advise and consent to his appointment.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

The following bill was read a third time:

Senate Bill No.56, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 545.

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.97 Yeas--24

Allen Cherry Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Birkholz Garcia Kahn Stamas

Bishop George Kuipers Thomas

Brown Gilbert Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays--12

Anderson Clark-Coleman Hunter Prusi

Basham Clarke Jacobs Schauer

Brater Gleason Olshove Switalski

Excused--2

McManus Scott

Not Voting--0

In The Chair: Richardville

The Senate agreed to the title of the bill.

Protest

Senator Jacobs, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.56 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 Jacobs' statement is as follows:

I rise in opposition to Senate Bill No.56, which, as my colleagues know, is a reintroduction of a bill from last year that was vetoed by our Governor. My concern for this bill remains the same as it did last session. This bill, if it were topass, would adversely affect so many small businesses not only in my district, but in all of our districts. I've got a problem with us changing a system that's been in effect for maybe 100 years or so.

Sometimes we find sort of winners and losers when we make some changes, but for many of the small businesses which provide alcohol for events, I've been told by these businesses that almost 20 percent of their businesses serve or sell these products for weddings, graduations, bar mitzvahs, and other types of events. I just feel at this time when our small businesses are struggling to stay alive that we shouldn't be doing anything to harm them.

So I urge my colleagues to give a "no" vote on Senate Bill No.56.

The following bill was read a third time:

Senate Bill No.276, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2004 PA 79.

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.98 Yeas--36

Allen Cherry Hunter Prusi

Anderson Clark-Coleman Jacobs Richardville

Barcia Clarke Jansen Sanborn

Basham Cropsey Jelinek Schauer

Birkholz Garcia Kahn Stamas

Bishop George Kuipers Switalski

Brater Gilbert Olshove Thomas

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays--0

Excused--2

McManus Scott

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.134, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in Ingham county and Wayne county; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments and agencies in relation to the conveyances; to provide for disposition of revenue derived from the conveyances; and to provide for the release of certain property rights held by the state.

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.99 Yeas--36

Allen Cherry Hunter Prusi

Anderson Clark-Coleman Jacobs Richardville

Barcia Clarke Jansen Sanborn

Basham Cropsey Jelinek Schauer

Birkholz Garcia Kahn Stamas

Bishop George Kuipers Switalski

Brater Gilbert Olshove Thomas

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays--0

Excused--2

McManus Scott

Not Voting--0

In The Chair: Richardville

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 pro tempore, Senator Richardville, designated Senator Clarke as Chairperson.

After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Sanborn, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No.412, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261d.

Senate Bill No.443, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 48702 (MCL 324.48702), as amended by 1996 PA 200.

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.338, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 513.

Substitute (S-1).

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.440, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the title and section 501 (MCL 324.501), the title as amended by 2005 PA 116.

Substitute (S-1).

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.441, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 503 (MCL 324.503), as amended by 2004 PA 587.

Substitute (S-1).

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.442, 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.

Substitute (S-1).

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

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

Senate Resolution No.25

Senate Concurrent Resolution No.5

House Concurrent Resolution No.8

House Concurrent Resolution No.9

House Concurrent Resolution No.10

House Concurrent Resolution No.11

House Concurrent Resolution No.12

House Concurrent Resolution No.13

House Concurrent Resolution No.14

House Concurrent Resolution No.15

House Concurrent Resolution No.16

House Concurrent Resolution No.17

House Concurrent Resolution No.19

The motion prevailed.

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

Senate Resolution No.55

Senate Resolution No.56

The resolution consent calendar was adopted.

Senators Jelinek, Basham, Gleason, Anderson, Kahn, Birkholz and Pappageorge offered the following resolution:

Senate Resolution No.55.

A resolution to commemorate the Masons involvement and commitment in the Michigan Child Identification Program.

Whereas, The Masons have been a vital part of American life for over 250 years. The Masons are America's oldest and largest fraternal organization, and the Masonic fraternity is a key part of Michigan's history and heritage; and

Whereas, The first Masonic Lodge, west of the Alleghenies, was organized in Detroit in 1764. The Masonic Fraternal Order of Free and Accepted Masons was formally established in Michigan in 1826; and

Whereas, Lewis Cass, a territorial Governor of Michigan and later its United States Senator, served as a Masonic Grand Master. Over twenty Governors of Michigan have been members of the Masonic Order. In addition, many key Michigan business, professional, and elected leaders at every level have been proud and active Masons; and

Whereas, There are today nearly 50,000 Michigan Masons in nearly 350 Lodges throughout Michigan. The Masons are deeply committed to community involvement through a wide variety of charitable programs benefiting seniors, widows, orphans, servicemen, and students; and

Whereas, The Masons, as part of their community commitment, have launched the Michigan Child Identification Program (MICHIP) with the goal of helping parents and law enforcement quickly locate missing children. Nearly 800,000 children were reported missing in the United States in 2000, and FBI reports indicate that missing persons reportshave increased over 450 percent since 1982. Masonic volunteers at sites throughout the state use the latest computer technology to provide parents with a record of their child's unique characteristics, including tooth prints/dental impressions,a DNA sample, color photos, a laser scan of fingerprints, and a brief interview with the child, which is placed on a CD-ROM. All of these materials are given to parents, free of charge, as a complete child identification kit; and

Whereas, If a child is missing, parents can immediately provide this kit to law enforcement to assist them in the child'srecovery. Since 2005, more than 25,000 Michigan children have gone through the MICHIP program, and the Masons areworking to provide access to a far greater number of parents and children. The National Center for Missing and Exploited Children has called the Masonic-developed CHIP program one of the most complete child identification and recovery programs in the United States; and

Whereas, Michigan Masonic Deputy Grand Master Ira Slaven has worked tirelessly and selflessly with his fellow Masons to make the MICHIP program available throughout the state of Michigan; and

Whereas, On the occasion of his installation as the Masonic Grand Master of the Grand Lodge of Michigan, in May 2007,Ira Slaven of Taylor, Michigan, and the Grand Masonic Lodge of Michigan are saluted for their work on behalf of children and parents in Michigan and for the Michigan Masons; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate the Masons involvement and commitment in the Michigan Child Identification Program Architects; and be it further

Resolved, That a copy of this resolution be transmitted to Robert Stevens, Secretary of the Grand Lodge of Free and Accepted Masons of Michigan, as a token of our esteem.

Senators Barcia, Cassis, Cherry, Clarke, Hunter, Jacobs, Schauer and Switalski were named co-sponsors of the resolution.

Senator Thomas offered the following resolution:

Senate Resolution No.56.

A resolution commemorating Saturday, June 2, 2007, as Childhood Cancer Survivors Day in the state of Michigan.

Whereas, Today, over 250,000 Americans are survivors of childhood cancer. Most children survive thanks to advances in early cancer detection, treatment, and research; and

Whereas, Children's Hospital of Michigan, the oldest and largest hospital caring for the children of Michigan, has an active, productive cancer survivor population. This demonstrates that a cancer diagnosis is no longer an automatic death sentence; and

Whereas, In addition to Childhood Cancer Survivors Day, communities all across America will be celebrating life Sunday, June 3, 2007, as part of the world's largest cancer survivor event, the 20th annual National Cancer Survivors Day; now, therefore, be it

Resolved by the Senate, That the members of this legislative body commemorate Saturday, June 2, 2007, as Childhood Cancer Survivors Day in the state of Michigan. We urge all citizens to join in this joyous celebration of life; and be it further

Resolved, That a copy of this resolution be transmitted to Children's Hospital of Michigan as evidence of our support for their endeavors.

Senators Anderson, Barcia, Birkholz, Cassis, Cherry, Clark-Coleman, Clarke, Gleason, Hunter, Jacobs, Kuipers, Pappageorge, Richardville, Schauer and Switalski were named co-sponsors of the resolution.

Senators Anderson, Basham, Prusi, Olshove, Whitmer, Cherry, Gleason, Clarke, Clark-Coleman, Hunter, Kahn, Barcia, Schauer and Jacobs offered the following concurrent resolution:

Senate Concurrent Resolution No.11.

A concurrent resolution to urge the United States Congress to oppose the South Korea Free Trade Agreement.

Whereas, The Bush Administration has negotiated a new free trade agreement with South Korea that fails to protect worker rights and will jeopardize tens of thousands of automotive jobs in the United States; and

Whereas, This flawed agreement is the largest since the North American Free Trade Agreement (NAFTA), and it contains no enforceable protections for workers' rights and will undermine the ability of the government to protect food safety, the environment, and public health; and

Whereas, This agreement will exacerbate and accelerate the loss of good jobs in the United States manufacturing sector, especially in automobiles, apparel, and electronics. The United States already has a massive trade deficit with South Korea, with a large portion of that deficit in automobiles and automobile parts; and

Whereas, The agreement will jeopardize thousands of automobile jobs because it opens the United States automobile market further while failing to address the barriers to the sale of United States automobiles in South Korea; and

Whereas, The United States Trade Representative rejected a very sensible proposal put forward by a bipartisan group of members of Congress to tie any opening of the United States automobile market to concrete benchmarks in United States sales in Korea. Until such benchmarks are set, we do not have confidence that the South Korea Free Trade Agreement is in the best interests of the United States; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the United States Congress to oppose the South Korea Free Trade Agreement; 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 concurrent resolution be referred to the Committee on Government Operations and Reform,

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Cropsey moved that the concurrent resolution be referred to the Committee on Commerce and Tourism.

The motion prevailed.

Senator Switalski was named co-sponsor of the concurrent resolution.

Introduction and Referral of Bills

Senators Jacobs, Gleason and Hunter introduced

Senate Bill No.493, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16342 and part 176.

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

Senators Gilbert and Olshove introduced

Senate Bill No.494, 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 1h (MCL 247.651h), as added by 1997 PA 79.

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

Senators Gilbert, Anderson and Olshove introduced

Senate Bill No.495, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5204a (MCL 324.5204a), as added by 2005 PA 254.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Gilbert, Van Woerkom and Jelinek introduced

Senate Bill No.496, entitled

A bill to amend 1965 PA 114, entitled "An act relating to dry, edible beans; to create a bean commission and prescribe its functions; to levy and collect assessments on bean production; and to provide penalties for violation of this act," by amending section 4 (MCL 290.554), as amended by 2000 PA 484.

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

Senators Garcia, Van Woerkom, Gilbert and Jelinek introduced

Senate Bill No.497, entitled

A bill to amend 1972 PA 291, entitled "An act relating to bovine meat animals; to create a beef promotion, consumer marketing, industry information, research and education program; to prescribe the powers and duties of the governing commission; to prescribe the method of obtaining moneys to implement and administer the provisions of the act; to provide for penalties; and to provide for termination of the program," by amending section 3 (MCL 287.603), as amended by 1984 PA 143.

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

Senators Birkholz, Van Woerkom, Gilbert, Jelinek and McManus introduced

Senate Bill No.498, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 303 (MCL 436.1303).

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

Senators Van Woerkom, Gilbert and Jelinek introduced

Senate Bill No.499, entitled

A bill to amend 1965 PA 232, entitled "Agricultural commodities marketing act," by amending section 7 (MCL 290.657), as amended by 2002 PA 601.

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

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

The motion prevailed.

Senator Bishop's statement is as follows:

I would like to take this opportunity, if I could, to recognize a young man from my district who is being honored for his service and dedication to the Michigan Legislature. Nate Knapper is from my district in Clarkston, Michigan, and has served as an intern for the Senate Majority Leader's office. This morning he received a very distinguished award, the Frank M. Fitzgerald Public Service Award. This is an annual honor designed to recognize a student's outstanding performance and their potential.

He recently finished his junior year at Calvin College, where he majors in political science and communications. Nate is an outstanding scholar, as you can well imagine. In addition to his Fitzgerald award, Nate has won four other scholarships this year. In April, he received the Daniel Rosenthal Legislative Intern and the Paul Henry Integrity Awards.

We thank you for a job well done, Nate. We appreciate everything you've done for the people of the state of Michigan, and we salute you for winning the Frank M. Fitzgerald Public Service Award.

At this time, I would like to ask my colleagues to join me in congratulating Nate and also ask Nate's mother Annette Knapper and their good friend Marge Carlson, both of Clarkston--I think they're sitting in the east balcony--and I would ask that they be welcomed as well. Congratulations to this fine family for producing such a fine young man.

Senator Cropsey's statement is as follows:

I have a young man from my district who is being honored today for his service and dedication to the Legislature. Brandt Ayoub is from St. Johns, and he has served as a legislative intern for nearly a year.

Earlier this morning, Brandt received the Frank M. Fitzgerald Public Service Award. This annual honor is designed to recognize a student's outstanding performance and potential. In addition to legislative service, Brandt was chosen for his excellence as a scholar and as a community volunteer. He achieved the rank of Eagle Scout in 2004 and remains active in Boy Scout Troop 520.

This fall, Brandt intends to go to Alma College to work on his studies, where he wants to become a math teacher and a counselor. That was my undergraduate degree also.

I'd like to ask my colleagues to join me in congratulating Brandt on receiving the Frank Fitzgerald award. I'd also like to introduce his parents, George and Elizabeth Ayoub, and his sister Kira who are in the east balcony. I just want to say congratulations. You have a fine family and you have a wonderful son. I would just like to have this body congratulate the Ayoub family also.

Statements

Senators Prusi, Jacobs, Clark-Coleman, Garcia, Clarke, Whitmer, Sanborn and Brater asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Prusi's statement is as follows:

Last month when we were home on break, I lost the eighth member of my district to the war in Iraq, and it's the first one where I was personally acquainted with the soldier's family. We went to Crystal Falls Forest Park High School where the gymnasium was full. This little town of Crystal Falls in the Upper Peninsula paid tribute to a young man who gave the ultimate sacrifice. I would like to read a memorial tribute here on the floor:

"It is with great sadness that we join together to memorialize and honor the life of Special Warfare Operator, 2nd Class, Petty Officer Joseph Clark Schwedler of Crystal Falls, Michigan, who has made the ultimate sacrifice for our nation. Serving as an elite U.S. Navy SEAL, Petty Officer Schwedler unselfishly gave his life when his SEAL team joined with Iraqi soldiers in an assault on a terrorist hideout harboring insurgents who had been involved in the downing of a U.S. helicopter. We are honored to join with his family, friends, and the residents of Michigan in remembering this fallen warrior and hero.

Petty Officer Schwedler, the eldest son of Carl Joseph (Joe) and Susan Herrington Schwedler, was born May 1, 1979, in Iron Mountain and graduated from Forest Park High School in 1997. He then attended Michigan State University before enlisting in the Navy in March 2002. Upon completing basic training at the Great Lakes Naval Station in October 2002, Petty Officer Schwedler entered Basic Underwater Demolition/SEAL (BUD/S) training at the Navy Special Warfare Center at Coronado, California. Navy SEALs, who endure the most rigorous, intense physical and mental military training in the U.S. Armed Forces, number only a few thousand nationwide. The SEALs' embodiment of the core Navy values of honor, courage, and commitment drew Petty Officer Schwedler to volunteer for SEAL training.

Following graduation from BUD/S training, Petty Officer Schwedler completed advanced SEAL training courses, including parachute training at Basic Airborne School in Fort Benning, Georgia, six months of SEAL Qualifications Training, and cold weather combat training in Kodiak, Alaska. Petty Officer Schwedler was assigned to a Virginia Beach-based SEAL team in July 2004. He served his country in Iraq in 2004 and 2005 before re-enlisting for a second tour of duty in 2005, returning to Iraq in October 2006. He was killed while performing his 108th combat mission.

As a student at Forest Park, Petty Officer Schwedler participated in numerous school activities, including football, basketball, and track. He was active in student council and served as a leader and role model for his fellow students, serving as senior class president. Petty Officer Schwedler was also an avid outdoorsman, whose character traits and overall outlook on life reflect the deep-seated values of dependability, hard work, trustworthiness, and personal responsibility, representative of those fortunate to be born and raised in Michigan's beautiful, rugged Upper Peninsula.

IN SPECIAL TRIBUTE, Therefore, It is with great sadness but also out of friendship and respect that we recognize the life of Petty Officer Joseph Clark Schwedler. May his mother Susan, his father Joe, his sister Catherine, his brother Thomas, and grandparents Ann Kavanagh Schwedler and Charles Clark Harrington know of our deep sorrow for their loss and of our undying gratitude for Clark's courage and sacrifice."

A moment of silence was observed in memory of Navy Petty Officer Joseph Clark Schwedler.

Senator Jacobs' statement is as follows:

Yesterday we had an interesting debate on the floor. We were talking a lot about our state's philosophy of long-termeconomic development, and I was struck by the fact that I don't think we--and I don't mean Democrats or Republicans--as a Legislature have kind of figured out what our real philosophy is to a long-term strategy.

I know that I have often had a lot of conflict when it comes to voting for certain tax incentives because, on one hand, I know that our budget is so tight, and then by giving up certain dollars that are going to come into our coffers, that maybe creates another problem. But there is that other part that says to me, well, if we want to provide economic stimulus, then we have to provide tax incentives or tax abatements.

And, you know, it's interesting. I got this report today, "The Executive Budget Appendix on Tax Credits, Deductions and Exemptions." It's pretty thick. But it kind of shows us the tens of billions of dollars that we, as a Legislature, have provided incentives for businesses. Just if you take a look at the SBT which raises about $1.9 billion, almost $2 billion, through tax advantages gives out close to $1.4 billion through new energy credits, nonprofit organizations, officer compensation, personal property tax credits, and the list goes on and on.

This is just sort of an example. And while I really feel that this fix that we need to have in terms of sort of this Catch-22that we're in as a state, as we need to compete with other states, I think the fix really has to be at the federal level. And, quite honestly, I don't see that happening. But we have to compete with other states and we do. We kind of give away a lot in order to compete.

Now the 21st Century Jobs Fund is another tool in our toolbox, and it's sort of the hard money versus the soft money, as I look at it in this whole budgeting process. So I guess I ask my colleagues to kind of just think about what we are doing as we move forward in this whole debate about restructuring our taxes, whether it be our business taxes or the taxes that we as individuals pay, because I think we have to try to be consistent in this philosophy. I know that I'm as guilty as many of my other colleagues at kind of being all over the board as we go through this.

So I guess I wanted to kind of share my frustration and ask that perhaps we all think together what this long-term goal should be and then try to have some consistency in our approach. I think it might be an easier way for us to try to solve these major problems that we're struggling with right now.

The President pro tempore, Senator Richardville, resumed the Chair.

Senator Clark-Coleman's statement is as follows:

I'm compelled to stand up in the absence of the Senator from the 2nd District to encourage you, to urge you. It might be a great surprise to her when she returns next week if there was some movement on taking up one of her pieces of legislation on insurance. But if you don't want to take up her's, take up someone's just to show that it is on your radar.

On behalf of the good Senator from the 2nd District, please pay a little attention to the inequity in insurance costs in different districts.

Senator Garcia's statement is as follows:

I rise to discuss some of the comments which have been made in recent days about the 21st Century Jobs Fund, as well as the current budget discussions and our budget dilemma. I believe most people would know there is no greater supporter of the 21st Century Jobs Fund in the Senate than the person who is speaking now. I believe in the concept. I believe that we need to diversify our economy. I believe we need to invest in the future. However, we have a current budget crisis and all tools need to be available to our leaders as they negotiate to try and find solutions for our current problems. We need to balance taking care of the future with taking care of the current situation.

So I was more than a bit dismayed to find out, first of all, that the Treasurer made those comments that we need to speed up spending so that the Legislature wouldn't get the money. I think that's uncalled-for, unwise, and certainly ill-timed. See, those dollars that were spent, or at least identified to be spent, on the 21st Century Jobs Fund were part of the discussions between the administration and the leaders. I know that because Senate Bill No.220 included some of those cuts to the 21st Century Jobs Fund. I supported that bill despite the fact that I knew it would be cutting into that particular program. But I believe our leaders should have all those options.

Unfortunately, the Treasurer decided to take those off the table. Now whether he did that deliberately or he did that unknowingly or perhaps the Governor didn't know about it, either way, I think it was just flat-out wrong because those were discussions that need to occur between our leaders. That basically pulls out the rug in terms of trust and working with one another in trying to resolve this problem. So I would hope that the Treasurer would certainly be more careful when he makes those types of comments.

Second, I spoke with Mr.Epolito yesterday about the particular projects that they were spending the money on because I was very concerned that perhaps those projects did not meet the intent of the 21st Century Jobs Fund as we originally passed it in this Legislature. After much discussion and getting some additional information, I feel more comfortable that perhaps they do, although we're getting some more information.

My point in all of this is that at times like this we need to be flexible, we need to balance the future needs with our current needs, and we also need in this Legislature critics of this program to make sure that we keep proper oversight of this program. We're talking about a lot of money. So I appreciate the comments from my colleagues who challenge and question some of the things that the 21st Century Jobs Fund does or doesn't do because it shows that we still have an interest in it, it shows that we need to keep oversight of it, and it shows that we are concerned with how those dollars are spent because they should be for our future.

With that in mind, I, certainly, urge this administration to take those dollars and hold up their spending if they can and allow those discussions to continue so that we can find a resolution for the '07 budget problem. Then we can move on to the '08 budget problem which is out there and we are going to have to face very, very shortly. But, again, I just want to convey to this body, to the Treasurer, and to the administration that the comments by the Treasurer were wrong, were ill-timed, and, certainly, were not in the best interest of the 21st Century Jobs Fund and what the Governor is trying to do.

Senator Clarke's statement is as follows:

You know, the whole purpose of the 21st Century Jobs Fund is to stimulate economic growth and get new jobs in this state. The past speakers, today and yesterday, have complained that the Treasurer had invested this money. That's what the Treasurer is supposed to do. Why should we wait? This state is in a time of economic crisis. Our graduates are leaving the state. We have companies that are leaving this state. We need to bring in new jobs to Michigan. The 21st Century Jobs Fund expenditures are not just government spending; it's investing in these companies so we can stimulate new job growth and we need it right now.

The Governor shouldn't have to wait to placate the Legislature to attract jobs back to this state. The Treasurer and the Governor are doing the best they can right now. They need to be decisive and act promptly and that's precisely what they did.

First you criticize the Governor for not doing anything. Now you criticize her when she's doing something to bring in jobs. Come on, people, stop the politics. The purpose of the 21st Century Jobs Fund is to attract new jobs to this state. We need them now, today, not after some legislative deliberation. Quit holding up the process, Republicans. Michigan needs jobs now. Let's thank the Governor and the Treasurer for acting now to help turn this economy around.

Senator Whitmer's statement is as follows:

Without a doubt, we--Michigan--need all tools at our disposal to address the ails that we are confronting. We've got enormous budget deficits. We've got a crisis in our schools, and we've got to act. But I feel compelled to address some of the comments that were made here yesterday. Yesterday, at the same time Republican Senators vilified the State Treasurer and the administration, Governor Granholm was meeting in Holland with Pfizer executives who flew in from New York to talk about economic development, to talk about biosciences; things that we all give lip service to.

She toured the facility at the behest of Pfizer, Lakeside Advantage--a group of business people on the west coast of Michigan, MSU, and two of your members; at your behest she toured the facility. The same two members, by the way, missed session to participate in a great press conference about the $50 million facility that Pfizer is willing to donate for bioscience research in conjunction with Michigan State University.

Now, let me be very clear, I am not criticizing my colleagues from Saugatuck and Holland. Rather, it appears that they are the only ones in the majority caucus who get it. That very project is the exact type competing for and contemplated by the same 21st century strategic fund expenditure you all blasted yesterday in your strategic political schizophrenia.

Part of yesterday's rhetoric included the same old diatribe against taxes. But did you learn nothing from Tuesday's election? Yes, I am talking about the various bond issues before the voters across our state. Did you know that over half of the initiatives passed--14 out of 26? The voters chose to tax themselves almost half a billion dollars on Tuesday for our schools. Let me repeat that. The voters chose to impose and raise their own taxes to the tune of almost half a billion dollars. They think schools are worth chipping in for. Do we?

Here's who I am talking about: the voters in Allendale, Ottawa County; Battle Creek Public Schools in Calhoun County;Brandywine in Berrien County; Caledonia Community Schools in Kent County; Grand Ledge Schools in Eaton County; Hopkins Public Schools in Allegan County; Lakewood Public Schools in Ionia County; Lapeer Community Schools in Lapeer County; Marshall Public Schools in Calhoun County; Marysville in St. Clair County; Mount Pleasant in Isabella County; Novi Schools in Oakland County; Okemos Schools here in Ingham County; and Thornapple Kellogg in Barry County.

Now, I have got to tell you, I, for one, am sick of politicians looking to 2010 and putting the politics of self-preservation before good public policy. The next election is a heck of a lot less important than putting our state affairs in order today. It is gut-check time. It's time to muster up the political intestinal fortitude and do the right thing. I cannot predict the political winds of 2010, but I can tell you that if we don't do the right thing right now in 2007, there's going to be a tsunami in 2010, and it's likely to be a politically moot point for every one of us.

After all, regardless of 2010's election outcome, come 2011, there's still going to be Michigan students who need and deserve a good public education. We are all still going to need police and fire protection, and Lord knows, we are still going to be using our public health care system.

How far are you willing to go? Can we stop the grandstanding and get our job done?

Senator Sanborn's statement is as follows:

In response to the last speaker--political, intestinal fortitude indeed. Playing politics--why your Governor, this great proponent of tax increases, can't even get them to vote on her tax increase programs over in the House. If this is such a great idea, get the Democrat majority in the House to move her tax increases.

You know, I've had many school personnel come up and visit me in the last two weeks. They were outraged--outraged that these mean-spirited Republicans would cut schools; would not fully fund schools. That's when I pointed out to them about the wasteful spending of the 21st century fund. I know I must have hit a note because so many people are getting up and trying to cover for that wasteful spending.

You know, I told them last week, if we could only--and I appreciate the courage of the Majority Leader to step forward and ask for that $42 million back and the good Senator Pappageorge--I can use his name because I'm using it in a positive way--to point out that there were matching funds. If we had used the $42 million, we could have gotten matching funds from the Department of Community Health, I believe it was, to make it $98 million. That would have made a good investment; that, I probably could have gone along with. Let me tell you what that $42 million that they so quickly broomed out the door so we couldn't use it or waste it on something like public education--to fully fund public education or to put more cops on the streets making our communities safer or maybe to take care of our poorest citizens, the people struggling most.

Let me tell you what the $42 million could have done as part of ongoing budget negotiations. It could have reduced the final per pupil cut on our school districts by roughly $27 per student. That means that the Governor's scare tactic of threatening $122 cut per pupil funding could have been cut to $95 per student, at the most. Apparently, this administration prefers loan enhancements over educating Michigan's children. It could have reduced the Governor's proposed cut to Medicaid that was passed in the House from 6.25 percent to zero--zero, which means we wouldn't lose any federal matching dollars.

It seems like this administration would rather give money to a handful of businesses rather than to the health care of our state's neediest citizens. It could have paid to keep 1,500 convicted felons that our Governor has proposed releasing into our communities. I know that just scares the heck out of people, but she's proposing releasing these felons into our communities. It could have kept 1,500 in prison where they belong. It seems that this administration is more interested in public giveaways than in public safety. It could have paid to keep 29 state troopers who this Governor proposes laying off. It could have kept them on the payroll for 17 more years--17 years that we would have kept almost 30 state troopers on the payroll. Apparently, a press release announcing that a company may add jobs to the state in the next 15 years is more important than the administration keeping those state troopers on our roads for that same time period.

Now I understand that it's hard to admit that we've made a mistake, especially in politics, but that does not mean that we have to continue to repeat that same mistake. That's tragic, repeating the same mistake. The administration through the 21st Century Jobs Fund is continuing to use vital resources at a time that our state cannot afford to waste a single cent. I think it's been well-documented that they've wasted a lot of money with this program.

Would any of you advise a constituent who has been struggling to make their mortgage payment that the best thing they could do with next month's mortgage payment is to buy a speculative stock? Let's just go buy a speculative stock. Maybe if you hit, you could make the next two or three months' mortgage payments. Don't think that's a wise plan? I don't think so, yet the administration has done that with the money that we need to use to pay our bills.

Senator Brater's statement is as follows:

I rise to add my words to those of my colleagues who have spoken today so eloquently to plead for bipartisan cooperation in rolling up our sleeves and coming together to save our state at this very crucial juncture. And I don't think that we're moving the conversation forward through heated rhetoric. I don't think we're serving the best interests of the businesses or the individuals or the schoolchildren of the state of Michigan by ramping up these speeches and pointing fingers.

We have hampered ourselves in this state by reducing revenues below the level needed to provide essential services, including education, health care, roads, and police and fire. We wisely in the last several years have put aside money to reinvest in Michigan, to put aside some money to attract and retain businesses in this state through the 21st Century Jobs Fund. This has been a very, very successful program. In parts of the state that are ready to spend the money, such as the county that I represent, Washtenaw County, businesses are coming in droves to try and use the money to retain our workers and our citizens here in Michigan and it is working. And if we take the money out of that fund to plug the hole in the roof, we're spending our seed corn. How are we going to plant next year's crop if we don't save some of our seed that we need to reinvest in businesses; to reinvest in education?

We need to get real when we talk about taunting the Governor and taunting the House Democrats. Why aren't you moving forward with tax increases? We know that raising revenue is politically difficult, and we know that it isn't going to happen until we join hands and walk that plank together. And it is time for us to do that.

We are holding up $5 billion in new business investment in this state because we haven't taken steps to come together and agree on how we are going to replace the single business tax. We're detouring business decisions. People who want to come and invest in our state, we are keeping them from coming here.

We need to stay here until we get the job done. I know that my colleague from Genesee County has said that we need to stay here. We need to roll up our sleeves. I know that many of us are willing to do this. I don't want to stand here and rev up the rhetoric. I want to work with you. I want to reach out hands across the aisle. We all know that we need to get this done for the benefit of the state of Michigan. We know we should be talking positively together if we're really serious about improving the economy of this state. So let's work together.

Committee Reports

The Committee on Families and Human Services reported

House Bill No.4482, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57d and 57g (MCL 400.57d and 400.57g), section 57d as amended by 2005 PA 323 and section 57g as amended by 2006 PA 468.

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.

Mark C. Jansen

Chairperson

To Report Out:

Yeas: Senators Jansen and Hardiman

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 Families and Human Services submitted the following:

Meeting held on Tuesday, May 8, 2007, at 2:30p.m., Room 210, Farnum Building

Present: Senators Jansen (C), Hardiman and Jacobs

The Committee on Natural Resources and Environmental Affairs reported

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.

With the recommendation that the bill 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 was 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 9, 2007, at 2:00p.m., Room 110, Farnum Building

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

The Committee on Economic Development and Regulatory Reform reported

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.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development and Regulatory Reform submitted the following:

Meeting held on Wednesday, May 9, 2007, at 1:00p.m., Rooms 402 and 403, Capitol Building

Present: Senators Sanborn (C), Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Judiciary and Corrections submitted the following:

Meeting held on Wednesday, May 9, 2007, at 3:00p.m., Rooms 402 and 403, Capitol Building

Present: Senators Cropsey (C), Kahn and Brater

Scheduled Meetings

Appropriations -

Subcommittees -

Community Colleges - Friday, May 11, 9:00a.m., Bay de Noc Community College, Joseph Heirman University Center, 2001 N. Lincoln Road, Escanaba; and Wednesday, May 16, 9:30a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Community Health Department - Thursday, May 17, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Environmental Quality Department - Tuesday, May 15, 4:00p.m., Room 405, Capitol Building (CANCELED); and Thursdays, May 24, 11:30a.m. or later immediately following session and May 31, 1:00p.m., Room 405, Capitol Building (373-2768)

Higher Education - Friday, May 11, 2:00p.m., Michigan Technological University, Advanced Technology Development Center, 1402 East Sharon Avenue, Houghton (373-2768)

Judiciary and Corrections - Wednesdays, May 16, May 23 and May 30, 3:00p.m., Rooms 402 and 403, Capitol Building (373-2768)

K-12, School Aid, Education - Tuesday, May 15, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Natural Resources Department - Tuesdays, May 15 (CANCELED) and May 29, 12:00 noon or later immediately following session, Room 405, Capitol Building (373-2768)

Commerce and Tourism - Tuesday, May 15, 2:30p.m., Room 100, Farnum Building (373-2413)

Homeland Security and Emerging Technologies - Tuesday, May 15, 1:00p.m., Room 100, Farnum Building (373-5932)

State Drug Treatment Court Advisory Committee - Tuesday, May 22, 9:30a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 11:54a.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Tuesday, May 15, 2007, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate