2007-SJ-10-09-103

No. 103

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Tuesday, October 9, 2007.

10:00a.m.

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

The roll was called by the Secretary of the Senate, who announced that a quorum was not present.

Allen--present Garcia--present Pappageorge--present

Anderson--present George--present Patterson--present

Barcia--present Gilbert--present Prusi--present

Basham--present Gleason--excused Richardville--present

Birkholz--present Hardiman--present Sanborn--present

Bishop--present Hunter--excused Schauer--present

Brater--excused Jacobs--present Scott--present

Brown--present Jansen--present Stamas--present

Cassis--present Jelinek--present Switalski--present

Cherry--present Kahn--present Thomas--excused

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

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

Cropsey--present Olshove--present

Senator Michael A. Prusi of the 38th District offered the following invocation:

We gather together here before our work begins to offer thanks to the God each of us holds dear for this day which has been given to us. We ask for guidance, for wisdom, and for strength as we wrestle with the problems confronting this state and the people who have sent us here.

Sometimes it seems as though the issues that divide us are too large to solve, too complex to get through. After all, we are but human beings with all too familiar failings and weaknesses. But God has blessed us with human qualities of strength and compassion, intelligence and perseverance.

Let us use these positive gifts we have been given, for we are still faced with many difficult issues. Let us put aside the rancor and ill will that can spill forth in times of stress. There is a common path, a shared vision that we can find if we realize what it is we are sent here to do. Inside each of us is a compass to guide us on that path, a light to illuminate that vision. It is our faith. That faith is God's gift and will see us through these times of trouble. Amen.

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

Recess

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

The motion prevailed, the time being 10:04a.m.

10:29a.m.

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

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

A quorum of the Senate was present.

Motions and Communications

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

The motion prevailed.

The following communication was received:

Department of Community Health

September 25, 2007

I am pleased to submit the completed Freedom to Work Medicaid Buy-In Report and supporting documents as a requirement of Public Act 32 of 2003, Section 400.106a, which states that the Department of Community Health shall report to the Governor and the legislature on the effectiveness of the Michigan freedom to work for individuals with disabilities law.

The department's Office of Long-Term Care Supports and Services is currently receiving a federal Medicaid Infrastructure Grant intended to promote linkages between Medicaid and other employment-related service agencies, and to develop a comprehensive system of employment supports for people with disabilities. This grant paid for the evaluation.

The Michigan Freedom to Work Medicaid Program was established to provide medical assistance to eligible persons with disabilities who have an earned income or savings that exceeds the amount permitted by Medicaid covered programs. There has been a significant increase in the number of individuals enrolled under this program from 268 in July 2005 to 1,018 as of July 2007.

The number of participants continues to grow each month through ongoing collaborative efforts with advocates, the Medical Services Administration, the Department of Human Services, the Department of Education/Transition, Michigan Rehabilitation Services, and the Social Security Administration. We would also like to acknowledge and extend our sincere thanks to the MI Job Coalition, Consumer Task Force, Medicaid Infrastructure Grant Workgroup, and other individuals and organizations who contributed to this program. Research continues based on the evaluation to determine best avenues for further improvements to the law as well as how to address other barriers to employment for individuals with a disability.

Thank you for the opportunity to serve the needs of Michigan's citizens with disabilities.

Respectfully submitted,

Janet Olszewski

Director

The communication was referred to the Secretary for record.

The following communication was received:

Department of Human Services

September 27, 2007

Pursuant to Section 1002 of P.A. 345 of FY 2006, we are enclosing a copy of the following report:

Type of ReportFacilityReport #License #

Special Investigation Report Woodland Center 2007C0207024 CS470245817

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, with 48 hours, under "Online Lookups, Child Welfare Licensed Facilities" at the following address: http://www.michigan.gov/dhslicensing.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Wilson at 517-373-8383.

Sincerely,

Ismael Ahmed

The communication was referred to the Secretary for record.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

October 3, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 2:44p.m. this date, administrative rule (07-10-01) for the Department of Education, entitled "Teachers' Tenure." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

October 3, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 2:46p.m. this date, administrative rule (07-10-02) for the Department of Environmental Quality, entitled "Part 6. Emission Limitations and Prohibitions - Existing Sources of Volatile Organic Compounds Emissions." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that the following official bill was printed on Thursday, October 4, and is available at the legislative website:

Senate Bill No. 819

Messages from the Governor

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

Senate Bill No.436

The motion prevailed.

The following messages from the Governor were received and read:

October 5, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointment to state office under Section 29 of Article 5 of the Michigan Constitution of 1963:

Civil Rights Commission

Mr.Mark J. Bernstein, a Democrat, of 2002 Scottwood Avenue, Ann Arbor, Michigan 48104, county of Washtenaw, reappointed for a term expiring December 31, 2010.

October 5, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 2 of 1885 PA 70, MCL 390.352:

Michigan Technological University Board of Control

Ms.Lenora D. Ashford of 8016 Third Avenue, Detroit, Michigan 48202, county of Wayne, succeeding Norman A. Rautiola, whose term has expired, representing the general public, for a term commencing October 5, 2007 and expiring December 31, 2014.

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.276

The motion prevailed.

Senate Bill No.240, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2008; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

The House of Representatives has appointed Rep. Acciavatti to replace Rep. Agema as conferee.

The message was referred to the Secretary for record.

Senate Bill No.595, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending sections 4111, 4113, 4116, 4117, 4125, 5101, 5105, 5107, 6101, 6115, 6129, 6137, 6147, 6149, 7105, 7113, 7115, 7119, 7125, 7137, 8105, and 8107 (MCL 289.4111, 289.4113, 289.4116, 289.4117, 289.4125, 289.5101, 289.5105, 289.5107, 289.6101, 289.6115, 289.6129, 289.6137, 289.6147, 289.6149, 289.7105, 289.7113, 289.7115, 289.7119, 289.7125, 289.7137, 289.8105, and 289.8107), sections 4111, 4117, 6101, and 6149 as amended by 2002 PA 487 and section 4116 as added by 2004 PA 267, and by adding sections 6140, 6150, and 7106.

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.

Third Reading of Bills

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

House Bill No.4956

The motion prevailed.

The following bill was read a third time:

House Bill No.4956, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending sections 1105, 1107, 1109, 2111, 2113, 2119, 2123, 2125, 2129, 3103, 3119, 3121, 3123, 3125, 3127, 3135, 3137, 3139, 4101, 4103, 4105, and 4107 (MCL 289.1105, 289.1107, 289.1109, 289.2111, 289.2113, 289.2119, 289.2123, 289.2125, 289.2129, 289.3103, 289.3119, 289.3121, 289.3123, 289.3125, 289.3127, 289.3135, 289.3137, 289.3139, 289.4101, 289.4103, 289.4105, and 289.4107), sections 1109 and 3119 as amended by 2002 PA 487; and to repeal acts and parts of acts.

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.409 Yeas--34

Allen Clark-Coleman Jelinek Richardville

Anderson Clarke Kahn Sanborn

Barcia Cropsey Kuipers Schauer

Basham Garcia McManus Scott

Birkholz George Olshove Stamas

Bishop Gilbert Pappageorge Switalski

Brown Hardiman Patterson Van Woerkom

Cassis Jacobs Prusi Whitmer

Cherry Jansen

Nays--0

Excused--4

Brater Gleason Hunter Thomas

Not Voting--0

In The Chair: President

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

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

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

"An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

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, Lieutenant Governor Cherry, designated Senator Scott as Chairperson.

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

Senate Bill No.733, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," (MCL 125.2001 to 125.2094) by adding section 79.

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.732, entitled

A bill to designate enterprises owned or controlled by qualified veterans as Michigan patriot businesses; and to provide for the powers and duties of certain state governmental officers and entities.

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.734, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 141 (MCL 18.1141).

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

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

Senate Resolution No.115

The resolution consent calendar was adopted.

Senator Brown offered the following resolution:

Senate Resolution No.115.

A resolution recognizing the "Connecting Michigan Statewide Trailways Vision and Action Plan" as a milestone achievement for the statewide trailways system.

Whereas, There is general recognition statewide of the many benefits of multiuse trailways, not the least of which areimproving health, economic benefits, alternative transportation, access to the environment and natural areas, recreational opportunities, tourism, and multijurisdictional cooperation; and

Whereas, The "Connecting Michigan Statewide Trailways Vision and Action Plan" released on May 15, 2007, is a comprehensive set of recommendations for completing an interconnected statewide system of trailways in Michigan; and

Whereas, The plan is the result of the year-long work of over 100 task force members, working on the following 10topics: Funding for acquisition, construction, maintenance, and operation; Developing a statewide GIS trailway databaseand website; Property issues: easements and titles; Trailways usage: programming and promotions; On-road connections:linking the trailways; Building trailways support: education and advocacy; Overcoming boundaries: gaining cooperation; Coordinating resources: technical assistance for funding, planning, design; Multiuse trails and design: guidelines and information; and Envisioning a statewide trailways network: opportunities and priorities; and

Whereas, The task force members included official participation from the National Park Service; Michigan departments of Natural Resources, Transportation, and Community Health; the Governor's Council on Physical Fitness, Health, and Sports; Travel Michigan; Michigan Recreation and Park Association; Michigan Trails and Greenways Alliance; various regional representatives from health, transportation, economic development agencies, and regional trail groups; and local representatives from county, municipal, and township jurisdictions; as well as individual trail advocates and statewide and local nonprofit groups; and

Whereas, The "Connecting Michigan Statewide Trailways Vision and Action Plan" contains 39 goals on the previously identified topics and 109 action steps that will be acted upon over the next several years by a number of involved partners who have agreed to continue to collaborate. Action taken to implement a statewide trailways system will be respectful of private landowners and personal property rights; and

Whereas, The "Connecting Michigan Statewide Trailways Vision and Action Plan" works in conjunction with the Governor's recently-released state trails initiative, "Michigan Trails at the Crossroads: A Vision for Connecting Michigan"; now, therefore, be it

Resolved by the Senate, That we recognize the "Connecting Michigan Statewide Trailways Vision and Action Plan" and its significant potential to facilitate the completion of an interconnected statewide trail system; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Trails and Greenways Alliance; the National Park Service Rivers, Trails, and Conservation Assistance Program; and Michigan Recreation and Park Association Trails, Greenways, and Blueways Committee.

Senators Anderson and Jacobs were named co-sponsors of the resolution.

Senator Schauer offered the following resolution:

Senate Resolution No.114.

A resolution to amend the Standing Rules of the Senate.

Resolved by the Senate, That Rule 1.106 and Rule 3.902 of the Standing Rules of the Senate are hereby amended to read as follows:

"1.106 ELECTION OF A SECRETARY OF THE SENATE

A Secretary of the Senate shall be elected as an officer of the Senate. The Secretary of the Senate shall take and subscribeto the Constitutional Oath of Office for the true and faithful discharge of the duties of office. The Secretary of the Senate is responsible for the constitutional and statutory duties of this office and is also authorized to sign papers, forms, documents and contracts on behalf of the Senate.

THE SECRETARY OF THE SENATE SHALL NOT SET FORTH ANY POLICIES THAT CONFLICT WITH THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE STATE OF MICHIGAN, THE STATUTES OF THE STATE OF MICHIGAN, OR THE RULES OF THE SENATE. THE SENATE SHALL AFFIRMATIVELY ADOPT BY ROLL CALL VOTE OF THE MEMBERS ELECTED AND SERVING THE POLICIES OF THE SECRETARY OF THE SENATE AND ANY AMENDMENTS THERETO.

3.902 FLOOR PRIVILEGE AND CONDUCT

A) A session of the Senate shall be defined, for the purposes of this rule, as any period of time when the Senate is insession, any recess, and any 15-minute period before the Senate convenes and five minutes after it adjourns. The Senate floor is defined as the Senate Chamber and adjoining Rooms S212, S204 (E. Lakin Brown Room), S204A, S201 and S207. Access to the Senate floor shall be restricted as outlined below during any session of the Senate, except that members of the public are permitted in Room S204 when a scheduled press conference is held there during session.

1) No person, other than the following, shall be admitted to the Senate floor:

a) Senators or Representatives

b) The President of the Senate

c) The Governor

d) Senators or Representatives in Congress

e) Former Michigan Legislators

f) The Secretary of the Senate and his or her support staff

g) Legislative staff as authorized in guidelines issued by the Senate Majority Leader

h) One representative of the Governor

i) Members of the immediate family of a Senator or the President of the Senate

j) Registered members of the media pursuant to Rule 3.901

k) A guest who has been invited by a Senator to offer the invocation, and an immediate family member of that guest.

2) No registered lobbyist agent, including former Legislators, shall be allowed on the Senate floor. They shall not be allowed in the hallway behind the Senate rostrum, unless en route to or from the Lieutenant Governor's Office (S215) or the Elijah Myers Room (S208).

B) No person shall engage in any conduct on the Senate floor during any session of the Senate which undermines the decorum of the Senate. All persons who are admitted to the Senate floor shall observe the following guidelines:

1) No Senator shall speak until recognized by the presiding officer, unless the Senator rises to make a point of order.

2) Except as otherwise outlined in other Senate rules, no Senator shall speak on any matter not properly before the Senate.

3) No Senator shall speak more than twice in any one debate on the same day, without leave of the Senate, except theSenator who sponsored the matter under consideration, the Senator who sponsored the bill or resolution if an amendmentis under consideration, the chairperson of the committee which reported it and the chairperson of the subcommittee which considered the matter. Each speech shall not exceed five minutes or, if submitted in writing, not exceed 1,000 words, except there is no limit on the length of a speech on Third Reading of Bills, memorial announcements, or an oral dissent statement.

4) No Senator shall speak impertinently, attack the motives of any Senator who proposes or advocates a particular position, use indecent language or other disorderly words, or refer to another Senator by name in a disparaging way.

5) No Senator shall use a display, exhibit, or prop on the Senate floor during discussions, debate, statements, or the announcement of the introduction of a bill or resolution.

6) No person other than a Senator or the President of the Senate shall pass through the well of the Senate Chamber which is immediately in front of the Senate rostrum.

7) No person shall pass between the presiding officer and a Senator who is speaking.

8) No person other than a Senator or the President of the Senate shall use the center aisle of the Chamber.

9) No person other than a Senator shall sit in a Senator's chair.

10) No staff shall be allowed on the Senate floor unless they wait in the majority or minority lounge or the lounge at the rear of the Chamber until they are needed by a Senator and shall then be seated at a Senator's desk.

11) No member of the media shall be allowed on the Senate floor unless he or she is in the media's designated area, except as otherwise provided in Rule 3.901.

12) No smoking shall be permitted on the Senate floor.

13) All individual electronic devices shall be turned off or on non-audible alert during Senate session. Failure to follow a warning issued by the presiding officer or Chair may result in the device(s) being confiscated for the duration of the session upon direction of the presiding officer or Chair.

C) NO VOTING SHALL BE CONDUCTED IN SECRET. MEMBERS OF THE PRESS, PUBLIC, AND EMPLOYEES OF THE SENATE ARE PERMITTED TO TAKE VIDEO OR PHOTOGRAPHS OF THE VOTING BOARD AT ANY AND ALL POINTS DURING SESSION.".

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

Senators Anderson, Jacobs and Scott were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators Richardville, Allen, Garcia, Kahn, Pappageorge, Anderson, Cropsey, Hardiman, Birkholz, Jansen, Cherry, Whitmer, Kuipers, Scott, Clarke, Olshove, Prusi, Barcia, Clark-Coleman, Jacobs, Switalski, Cassis, George, Gilbert, Sanborn, Patterson, Jelinek, Van Woerkom, Stamas, McManus, Brown and Bishop introduced

Senate Bill No.820, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803e (MCL 257.803e), as amended by 2003 PA 30.

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

House Bill No.5046, entitled

A bill to provide for restroom access for persons with certain medical conditions; to provide immunity from liability for permitting restroom access; and to prescribe penalties.