2006-SJ-05-02-040

No. 40

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Tuesday, May 2, 2006.

10:00a.m.

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

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

Allen--present Garcia--present Patterson--present

Barcia--present George--present Prusi--present

Basham--present Gilbert--present Sanborn--present

Birkholz--present Goschka--present Schauer--present

Bishop--present Hammerstrom--present Scott--present

Brater--present Hardiman--present Sikkema--present

Brown--present Jacobs--present Stamas--present

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

Cherry--present Johnson--present Thomas--excused

Clark-Coleman--present Kuipers--present Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present Whitmer--present

Emerson--present Olshove--present

Senator Gerald Van Woerkom of the 34th District offered the following invocation:

Heavenly Father, it's a joy to come to You in the morning. We know that all things are in Your hands, and we pray that You will look upon us in Your favor. We pray that the work that we do might bring honor and glory to Your name.

Give us wisdom, Lord, as we wrestle with the many issues that come before us. We pray that You will help us as we work on resolving the budget. We pray that You will help us as we take a look at policy issues that come before us, and Lord, we pray for a blessing on our state through the work that we do. We pray that You will help the many people out there who have needs. We pray that You'll help them to resolve the needs that they face so that they may thrive and that their families may thrive within our state.

Be near those who are in harm's way. Be near those who protect us every day, whether it be in the service or whether it be through the police force or the fireman. We pray for all of those who risk their lives so that we may be safe.

Lord, we ask for Your blessing. In Your most holy name. Amen.

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

Motions and Communications

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

Senate Bill No.246

The motion prevailed.

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

The motion prevailed.

The following communication was received:

Transportation Asset Management Council

April 2006

It is my pleasure to submit to you the 2005 Annual Report of the Transportation Asset Management Council. MCL 247.659a(9) requires the Council to file an annual report with the Legislature and State Transportation Commission by May 2 of each year.

During 2005, the Council surveyed 43,000 miles of federal-aid eligible roads and analyzed the condition of the system. This is the second statewide survey of every mile of federal-aid eligible road in Michigan using a common process. This effort was achieved through a cooperative effort of individuals from county road commissions, city engineering staffs, the Michigan Department of Transportation, regional planning agencies, and metropolitan planning organizations.

As we continue this effort over the next several years, it is the intent of the Council to analyze and report to the Legislature and State Transportation Commission on the investments made to this system and the resulting condition. In this way, you will be kept up-to-date on the overall condition of our roads and bridges; how we are spending the public dollars you have entrusted to us; and the system needs for maintaining and preserving our roads and bridges.

This report was approved by the Council on April 5, 2006. If you have any questions regarding the report you can contact me or our Staff Coordinator, Rick Lilly, at 517-335-2606.

Sincerely,

Carmine Palombo, P.E.

Chair

The communication was referred to the Secretary for record.

The following communications were received:

Office of the Auditor General

April 26, 2006

Enclosed is a copy of the following audit report:

Performance audit of the Use of Warranties, Michigan Department of Transportation.

April 27, 2006

Enclosed is a copy of the following audit report:

Performance audit of the Michigan Child Support Enforcement System, Department of Human Services and Department of Information Technology.

April 28, 2006

Enclosed is a copy of the following audit report:

Financial audit of the Michigan Broadband Development Authority, a component unit of the State of Michigan, for the period October 1, 2004 through September 30, 2005.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 27:

House Bill Nos. 4745 5354 5674 5797 5798 5822 5841 5842 5843 5844 5845 5846 5854 5930

The Secretary announced the enrollment printing and presentation to the Governor on Monday, May 1, for her approval the following bill:

Enrolled Senate Bill No.777 at 2:04p.m.

The Secretary announced that the following official bills were printed on Thursday, April 27, and are available at the legislative website:

Senate Bill Nos. 1231 1232

House Bill Nos. 5998 5999 6000 6001 6002 6003 6004 6005 6006 6007

The Secretary announced that the following official bills and joint resolution were printed on Friday, April 28, and are available at the legislative website:

Senate Bill Nos. 1233 1234

Senate Joint Resolution K

House Bill Nos. 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022

By unanimous consent the Senate proceeded to the order of

Messages from the House

Senate Bill No.1035, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2004 PA 427.

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

Senate Bill No.1051

Senate Bill No.1182

The motion prevailed.

The following bill was read a third time:

Senate Bill No.1051, 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 10 (MCL 247.660), as amended by 2004 PA 384.

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.278 Yeas--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Nays--15

Barcia Clark-Coleman Leland Scott

Basham Clarke Olshove Switalski

Brater Emerson Prusi Whitmer

Cherry Jacobs Schauer

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

Protests

Senators Leland and Basham, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No.1051 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting "no."

The motion prevailed.

Senator Leland's statement is as follows:

I believe I understand the reason for the proposal; however, I think it is shortsighted. Treasury has to pay for its operations somehow. If we institute an end cap, there will come a time when the cost for Treasury to do the job of collecting motor fuel tax revenue will be higher than the cap.

The taxes have to get collected and the Constitution says that we should use transportation revenue, but with this law in place, we'll be forced to spend general funds, taking away from other areas and Treasury operations or from other General Fund programs in other departments.

The proper way to deal with this is in the annual budget process. The method that Treasury currently uses to calculate their costs is the simplest method available to account for in a complex process. The auditors who collect motor fuel revenue also work on many other taxes, so it is difficult to account for their work hour-by-hour or day-by-day. Contrary to what you may have heard, the auditor general has said that the accounting method being used by Treasury is perfectly proper.

So I urge my colleagues to vote "no" on Senate Bill No.1051. If you feel that a cap is needed, then join the debate on the Transportation budget. That would be the proper place to limit the transportation funds that Treasury receives.

Senator Basham's statement is as follows:

I urge my colleagues to vote "no" on Senate Bill No.1051. There are a number of reasons. This bill proposes a cap on the amount of transportation revenue that can be used to pay the cost of the Treasury Department actually collecting the taxes. Don't get me wrong--I'm completely in support of more funding for our roads, but this proposal is not going to get us anywhere in the right direction. We only need to look at the Secretary of State to see that the caps do not work. The same section of law has a $20 million cap on transportation revenue that can go to the Secretary of State, but the cap has been outdated for years. It is so archaic that we created a whole separate fund called the Transportation Administrative Collection Fund, or as we would say, TAC Fund, to get money to the Secretary of State and get around the $20 million cap.

Now, in the other chamber this week, a bill is moving to raise the cap for the Secretary of State from $20 million to $31 million. So in one chamber we're doing one thing and the next chamber is working against us and going in the other direction. Caps don't work. As we mentioned earlier, the proper way to handle this issue is through the budget process.

I hope you will join me in voting "no" on this piece of legislation.

The following bill was read a third time:

Senate Bill No.1182, 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.279 Yeas--37

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Clark-Coleman

Nays--0

Excused--1

Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senator Hammerstrom moved that consideration of the following resolution be postponed for today:

Senate Resolution No.71

The motion prevailed.

Senators Hardiman, Emerson, Birkholz, Barcia and Jelinek offered the following resolution:

Senate Resolution No.127.

A resolution to request the Department of Community Health, the Department of Labor and Economic Growth, and the Department of History, Arts, and Libraries be added as co-chairs to the Michigan After-School Partnership, to urge the partnership to expand and add additional programs, and to urge the partnership to report on its progress in reaching its goals.

Whereas, In 2003, House Resolution No.26 requested the Department of Education and the Department of Human Services to convene a task force named the Michigan After-school Initiative to develop quality after-school programs for all Michigan children. This initiative centered on efforts to assess the status of after-school services in Michigan, including identifying the number of children and youth served statewide in after-school programs and to develop a plan to ensure quality after-school programs for every school-age child in the state; and

Whereas, In 2004, the Legislature extended the duration of the Michigan After-school Initiative, directing the Department of Education and the Department of Human Services as co-chairs and re-naming it the Michigan After-School Partnership; and

Whereas, The Michigan After-school Initiative's survey found that 449,928 children are home alone after school in Michigan and potentially in need of programs during the hours they are not in school. The survey of Michigan households indicated that nearly one-third of Michigan's children are left to care for themselves for one to five days per week, and research shows that the likelihood of high-risk behaviors increases when youth are home alone 10 or more hours a week; and

Whereas, Structured experiences for youth provide excellent economic returns in that after-school programs can reduce child care costs, improve school performance, increase compensation/future taxable income earnings, reduce crime costs, and reduce welfare costs; and

Whereas, Almost 70 percent of all Michigan school-age children live in families where the sole parent or both parents work. Being unsupervised during the non-school hours puts children and youth at greater risk of truancy, performing poorly in school, depression, substance abuse, and becoming a victim of crime; and

Whereas, Providing structured experiences for youth can positively impact the public's health, as nearly 40 percent of Michigan youth say they engage in insufficient amount of physical activity. At least 10.7 percent of high school youth are overweight, and 13.3 percent are at risk for becoming overweight. It is far more likely that overweight youth will be overweight as adults, and the direct and indirect costs associated with physical inactivity in Michigan in 2002 are estimated at $8.9 billion; and

Whereas, The survey also found that 71 percent of families are without after-school programs and that 48 percent of Michigan families who do not have after-school care wish their children could attend after-school programs; and

Whereas, Research indicates that children who attend high-quality, out-of-school programs have better peer relations, emotional adjustment, conflict resolution skills, grades, and conduct in school compared to their peers who are not in out-of-school-time programs; and

Whereas, Children who attend quality out-of-school-time programs spend more time in learning opportunities, academic activities, and enrichment activities and spend less time watching television than their peers; and

Whereas, Parents and youth interviewed for the Michigan After-school Initiative 2003 Report detailed time and time again the positive difference out-of-school-time programs made in their lives and the lives of their families; and

Whereas, The Department of Education and the Department of Human Services were named as co-chairs of the Michigan After-School Partnership, and realizing the public health benefits and work-force development benefits of the after-school programs, the Department of Community Health and the Department of Labor and Economic Growth would greatly enhance the Michigan After-School Partnership; and

Whereas, Libraries and the cultural sector are two of the largest providers of after-school programs in Michigan. The Department of History, Arts, and Libraries has developed a website listing many such programs and is a central place where parents and caregivers may become aware of available after-school opportunities. The Department of History, Arts, and Libraries would be a valuable co-chair providing access via the Internet to information about after-school resources; and

Whereas, The 2003 task force report issued by the Michigan After-school Initiative focused on actions that would strengthen the state's ability to support high-quality, affordable, out-of-school-time programs and recommended policy changes in the areas of funding, interagency collaboration, capacity building, community collaboration, and evaluation. Implementing these recommendations will require the continued collaboration, focus, and commitment of the Department of Education, the Department of Human Services, and the additional collaboration, focus, and commitment of the Department of Community Health, the Department of Labor and Economic Growth, and the Department of History, Arts, and Libraries; and

Whereas, The recommendations of the Michigan After-school Initiative reflect the expertise of parents and more than 70 representatives from 45 organizations that included state agencies, public institutions, and private nonprofit organizations with extensive experience in education, youth development, research, violence prevention, juvenile justice, child care, volunteerism, business, and social work. It is imperative for Michigan's school-age children and youth that the collaboration that produced this shared vision for out-of-school-time programming continue; and

Whereas, Hundreds of thousands of Michigan children and youth will be denied the opportunity to participate in activities that can help them reach their full potential and avoid the negative choices that are costly and detrimental to society if the state fails to implement the recommendations of the Michigan After-school Initiative: 1) to reinforce and extend existing public support for after-school programs; 2) to develop state structures and policies that support quality after-school programming; 3) to identify and facilitate access to sustainable funding mechanisms for existing after-school programs; 4) to ensure that all Michigan school-age children have access to a variety of quality after-school programs that enhance physical, social, emotional, and cognitive development; and 5) to alleviate after-school childcare burdens of working parents and caregivers; now, therefore, be it

Resolved by the Senate, That the Department of Community Health, the Department of Labor and Economic Growth, and the Department of History, Arts, and Libraries be named as additional co-chairs to the Michigan After-School Partnership; and be it further

Resolved, That we urge that participation in the Michigan After-School Partnership be expanded beyond the membership of the initial Michigan After-school Initiative to increase the representation of parents, youth, foundations, employers, and others with experience in education, child care, after-school and youth development services, and crime and violence prevention; and be it further

Resolved, That we urge the Michigan After-School Partnership to work diligently with the private sector to understand the out-of-school-time needs of employed parents and their families, and that the partnership engage the public and private sectors in building and sustaining high quality out-of-school-time programs; and be it further

Resolved, That we urge that each year, on or before December 31, the Michigan After-School Partnership report its progress in reaching the recommendations set forth in the Michigan After-school Initiative's report to the Legislature and the Governor; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Education, the Michigan Department of Human Services, the Michigan Department of Community Health, the Michigan Department of History, Arts, and Libraries, and the Michigan Department of Labor and Economic Growth.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Hammerstrom 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 resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Families and Human Services.

The motion prevailed.

Senators Cassis, Clarke, Jacobs, Kuipers, Prusi and Switalski were named co-sponsors of the resolution.

Senators Barcia, Clarke, Whitmer, Scott, Cherry, Olshove, Basham, Thomas, Brater, Clark-Coleman, Switalski, Prusi, Jacobs, Leland, Schauer and Emerson offered the following resolution:

Senate Resolution No.128.

A resolution to memorialize the Congress of the United States to enact legislation to establish the position of Special Trade Prosecutor within the Office of the United States Trade Representative.

Whereas, Over the past several decades, the impact of economic influences around the world has accelerated dramatically. The global economy has reshaped the marketplace for virtually all types of enterprises. It has touched all of our lives. Indeed, there is no state in the union that has felt the changes and challenges of global trading more profoundly than Michigan, particularly in the area of manufacturing; and

Whereas, With the swiftly changing economic landscape, international trade agreements have taken on great significance in setting standards of business activities. It is essential that trade agreements serve as vehicles to ensure fairness. Trade policies that are weighted more along the lines of protectionism can end up being very damaging to the marketplace in the long run. Trade agreements that are not followed can be very harmful to industries and countries that do adhere to the spirit and the letter of the agreements; and

Whereas, To address the need for stronger enforcement of trade agreements and to ensure a greater degree of fairness, bipartisan legislation has been introduced in the United States Senate to create a new position within the Office of the United States Trade Representative. This bill would establish the position of Special Trade Prosecutor to ensure compliance with trade agreements related to United States manufactured goods and services. The Special Trade Prosecutor would be authorized to investigate cases before the World Trade Organization and recommend steps to deal with obstacles to free and fair trade; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation to establish the position of Special Trade Prosecutor within the Office of the United States Trade Representative; 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 resolution be referred to the Committee on Government Operations,

Senator Hammerstrom 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 resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Economic Development, Small Business and Regulatory Reform.

The motion prevailed.

Senators Emerson, Brater, Cherry, Scott, Basham, Thomas, Clark-Coleman, Clarke, Switalski, Prusi, Whitmer, Leland and Schauer offered the following resolution:

Senate Resolution No.129.

A resolution to memorialize the Congress of the United States to require all finance companies doing business in Michigan to allow for up to 12 months of interest-only payments for persons who have lost their jobs due to outsourcing or bankruptcy.

Whereas, At a time when our state and our nation is facing untold, and often unfair, economic challenges, countless numbers of individuals have lost their jobs due to outsourcing or bankruptcy. The burden on our economy, our social safety net, and, above all, working families affect us all; and

Whereas, Clearly, unfair trade practices, currency manipulation, foreign subsidization of health care costs, and many other factors have created an uneven playing field in business and manufacturing. This has directly resulted in shutdowns, downsizing, bankruptcies, and associated job loss. Although many efforts are under way to provide long-term solutions, a number of proposals, such as the offering of interest-only loans, can provide immediate and effective relief to the many families victimized by the economy; and

Whereas, Requiring all finance companies to provide 12 months of interest-only loans to individuals who have lost their jobs as a result of outsourcing or bankruptcy is good public policy and sound economic policy. Keeping money in the hands of families is essential to their financial well-being and to continuing economic vitality. In recognition of this, legislation has been introduced in the Michigan Legislature to adopt a statewide interest-only loans policy. Senate Bill Nos. 1158, 1162, 1163, 1164, 1165, and 1166 would amend Michigan's financial institution laws to offer 12 months of no principal loans. These measures would provide that these interest-only payments for primary auto and mortgage loans would constitute a good faith payment. Indeed, this is the least we can do to provide prompt relief to those suffering from the ills of unfair economic competition; now, therefore, be it

Resolved by the Senate, That we hereby urge the Congress of the United States to require all financial companies doing business in Michigan to allow for up to 12 months of interest-only payments for persons who have lost their jobs due to outsourcing or bankruptcy; and be it further

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Hammerstrom 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 resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Economic Development, Small Business and Regulatory Reform.

The motion prevailed.

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

Senators Schauer, Prusi, Jacobs, Clarke, Leland, Switalski, Whitmer, Basham, Thomas, Olshove, Brater, Barcia, Cherry, Scott and Emerson offered the following resolution:

Senate Resolution No.130.

A resolution to memorialize the Congress of the United States to support S. 196, legislation designed to close a tax loophole rewarding the movement of U.S. manufacturing jobs overseas.

Whereas, In our ever-expanding global economy, trade and tax policies take on a new significance, and, over time, the interactions between the two can develop serious unintended consequences that counter good public policy. This appears to be the case with the way the Internal Revenue Code treats certain foreign-based corporate income. Indeed, according to the Tax Foundation, these rules were established in a time when multinational companies were far less common than they are today. As a result, "The current rules encourage tax-motivated behavior by creating radically different U.S. tax results based on minor differences in the foreign corporate structure"; and

Whereas, One of the primary "tax-motivated" behaviors encouraged by this provision of the tax code is the subsidization of exported American jobs. Indeed, the law was intended to prevent the use of a foreign company to avoid taxes. Over time, however, the law has become vague and sometimes contradictory. It now allows companies to defer indefinitely taxes on unrepatriated profits of foreign subsidiaries, and allows companies to use foreign tax credits to offset U.S. taxes. In summary, American companies may potentially be taxed considerably less if they move their manufacturing operations overseas and import their products back to the United States for sale; and

Whereas, Clearly, U.S. tax policy should not encourage and, in fact, actually subsidize the outsourcing of jobs overseas. Indeed, resource availability, low wages, lack of environmental regulation, and any number of other factors may lead to business decisions to outsource jobs. The federal tax code should not be one of them; now, therefore, be it

Resolved by the Senate, That we hereby memorialize the Congress of the United States to support S. 196, legislation designed to close a tax loophole rewarding the movement of U.S. manufacturing jobs overseas; and be it further

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Hammerstrom 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 resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Economic Development, Small Business and Regulatory Reform.

The motion prevailed.

Senators Whitmer, Brater, Cherry, Scott, Olshove, Basham, Thomas, Clark-Coleman, Clarke, Switalski, Prusi, Jacobs, Leland, Schauer, Barcia and Emerson offered the following resolution:

Senate Resolution No.131.

A resolution to memorialize the Congress of the United States to enact the Unfair Chinese Automotive Tariff Equalization Act.

Whereas, Michigan has been hemorrhaging manufacturing jobs in the automotive industry, in large part due to foreign competition and unfair trade policies. These unfair trade policies include high tariffs on automotive parts and vehicles imported into China. The United States trade deficit with China is at an all-time high and it is time the United States took action to correct this growing problem; and

Whereas, In response to this problem, H.R. 4808 has been introduced in the United States House of Representatives. This bill prohibits the importation of motor vehicles from China until China's tariff rates on motor vehicles from the United States are equal to the tariff rates the United States places on motor vehicles from China; and

Whereas, This legislation will reduce the trade imbalance between China and the United States and promote manufacturing jobs in Michigan. By equalizing tariffs and pressuring China to reduce their tariffs, we can eventually create a level playing field for the Michigan automotive industry to operate. If artificial barriers such as high tariffs are removed, the United States automotive industry can successfully compete anywhere in the world and bring jobs back home to Michigan; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to enact the Unfair Chinese Automotive Tariff Equalization Act; and be it further

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Hammerstrom 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 resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Economic Development, Small Business and Regulatory Reform.

The motion prevailed.

Senators Basham, Brater, Clarke, Scott, Cherry, Olshove, Whitmer, Thomas, Clark-Coleman, Switalski, Prusi, Jacobs, Leland, Schauer, Barcia and Emerson offered the following resolution:

Senate Resolution No.132.

A resolution to memorialize the Congress of the United States to enact H.R. 3157, the Currency Manipulation Prevention Act.

Whereas, China's booming economy is fueled in part through large inflows of direct foreign investment and rapid export growth. This investment and export growth creates strong demand for China's currency (the yuan), which should cause that currency to appreciate relative to the United States dollar and cause China's external position to return to balance; and

Whereas, China pegs the yuan to the dollar at a fixed rate and strictly regulates imports and the allocation of foreign exchange. In order to maintain the yuan's fixed value, China must create a residual supply of yuan to counter growing demand for its currency. China achieves this by buying dollars in foreign exchange markets; and

Whereas, The United States Congress has responded to this problem by introducing H.R. 3157, the Currency Manipulation Prevention Act. This act directs the President of the United States to negotiate with other countries to work to end the practice of currency manipulation and to seek compensation from countries who engage in currency manipulation. The act also directs the Secretary of Commerce to analyze the impact of currency manipulation and to suggest possible remedies; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to enact H.R. 3157, the Currency Manipulation Prevention Act; and be it further

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Hammerstrom 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 resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Economic Development, Small Business and Regulatory Reform.

The motion prevailed.

Senators Clarke, Basham, Scott, Cherry, Olshove, Whitmer, Thomas, Brater, Clark-Coleman, Switalski, Prusi, Jacobs, Leland, Schauer, Barcia and Emerson offered the following resolution:

Senate Resolution No.133.

A resolution to memorialize the Congress of the United States to enact the United States Workers Protection Act.

Whereas, Unfair competition puts many of our most important companies at risk and can cripple entire industries. Clearly, action is needed to halt the hemorrhaging of jobs that form the foundation of our economy and maintain our way of life; and

Whereas, One effort that would have an immediate and significant impact on stemming our nation's job losses is the enactment of the United States Workers Protection Act, H.R. 3406, which is presently before Congress. This measure would greatly limit privatizing federal jobs to contractors who use offshore workers. It would also prohibit federal agencies from awarding procurement contracts to companies that would use overseas workers, either on their own or through foreign subcontractors; and

Whereas, The United States Workers Protection Act operates under the simple premise that taxpayer funds should go to procurement of goods and services produced by American workers. This fair and equitable approach would go a long way to help assure that our hard-earned tax dollars are spent here and invested in jobs for the American worker. This legislation further signifies our nation's resolve to end unfair foreign competition and rebuild our economy from the ground up. Indeed, promoting investment in domestic goods and services is a critical affirmation of the strength and vitality of the American workforce; now, therefore, be it

Resolved by the Senate, That we hereby memorialize the Congress of the United States to enact the United States Workers Protection Act; and be it further

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations,

Senator Hammerstrom 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 resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Economic Development, Small Business and Regulatory Reform.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Scott and Clark-Coleman asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott's statement is as follows:

I'm always ready to talk about insurance. I just wanted to continue to remind my colleagues that we need to do something about affordability in regards to insurance--that's homeowners and car insurance. There are so many people in certain zip codes who are not able to pay their car notes or have a car, and certainly, a lot of them don't have insurance. But if we could make insurance affordable for people, then people will not be out there breaking the law. You know, we make the laws and we ought to make them so that everyone will be able to adhere to the laws of this state, but we make it so unaffordable for people.

Let's think about it, colleagues, some more and let's do something about it.

Senator Clark-Coleman's statement is as follows:

I was not in session on Thursday, April 27th, because I was in Wilmington, Delaware, attending the Education Commission of the States, which I serve on and I'm on the Steering Committee. Had I been present, I would have voted "yes" on Roll Call Nos. 270-276 and I would have voted "no" on Roll Call No.277.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senators Leland, Brater, Clarke, Cherry, Scott, Olshove, Basham, Thomas, Clark-Coleman, Switalski, Prusi, Whitmer, Schauer, Barcia, Jacobs and Emerson introduced

Senate Bill No.1235, entitled

A bill to amend 1919 PA 232, entitled "An act to supplement the laws of the state relating to the powers and duties of the attorney general and the institution and prosecution of actions thereby on behalf of the state, to authorize intervention in pending litigation on behalf of the people in certain cases, and to permit the bringing of any suit at law in which the state is a party plaintiff in the circuit court of Ingham county," by amending the title and section 1 (MCL 14.101) and by adding section 3.

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

Senators Switalski, Prusi, Jacobs, Basham, Olshove, Leland, Whitmer, Clarke, Scott, Thomas, Brater, Barcia, Cherry, Schauer and Emerson introduced

Senate Bill No.1236, entitled

A bill to require employers to give notice to certain persons of actions affecting employees; to create rights and responsibilities for employers and employees; to provide powers and duties to certain state agencies and officials; and to provide for sanctions and remedies.

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

Senators Cherry, Brater, Clarke, Scott, Olshove, Thomas, Clark-Coleman, Basham, Switalski, Prusi, Whitmer, Leland, Schauer and Emerson introduced

Senate Bill No.1237, entitled

A bill to provide a short-term loan program for certain qualified workers; and to describe certain duties of certain state authorities.

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

Senators Brater, Scott, Cherry, Olshove, Basham, Thomas, Clark-Coleman, Switalski, Prusi, Whitmer, Leland, Schauer, Jacobs, Barcia and Emerson introduced

Senate Bill No.1238, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 268a.

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

Senators Schauer, Brater, Basham, Scott, Cherry, Olshove, Thomas, Clark-Coleman, Clarke, Switalski, Prusi, Whitmer, Leland, Barcia, Jacobs and Emerson introduced

Senate Bill No.1239, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 911 (MCL 450.1911), as amended by 1996 PA 197.

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

Senators Prusi, Basham, Scott, Cherry, Olshove, Brater, Thomas, Clark-Coleman, Switalski, Whitmer, Leland, Schauer, Jacobs and Emerson introduced

Senate Bill No.1240, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 8 (MCL 207.808), as amended by 2006 PA 21.

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

Senators Allen, Garcia, Goschka and George introduced

Senate Bill No.1241, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208 (MCL 257.208), as amended by 2004 PA 362.

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

House Bill No.4745, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.