No. 64
STATE OF MICHIGAN
Journal of the Senate
93rd Legislature
REGULAR SESSION OF 2006
Senate Chamber, Lansing, Tuesday, June 27, 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 not 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--present
Clark-Coleman--present Kuipers--present Toy--excused
Clarke--present Leland--present Van Woerkom--present
Cropsey--present McManus--present Whitmer--present
Emerson--present Olshove--present
Senator Michelle McManus of the 35th District offered the following invocation:
Lord, we are thankful for this day that You have given us--for its blessings, for its opportunities, and for its challenges. Today and every day, help to lead us with strength, dignity, and wisdom as we face the critical decisions necessary to balance Michigan's budget and address the many concerns that our state faces.
May we be challenged to give our best today and every day, and may we be assured of Your presence with us. Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Recess
Senator Schauer moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:03a.m.
10:15a.m.
The Senate was called to order by the President, Lieutenant Governor Cherry.
During the recess, Senators Brown, Bishop, Jelinek, Allen, Hammerstrom, Van Woerkom, Cropsey, Kuipers, Johnson, Gilbert, Patterson, Hardiman, Birkholz, Cassis, Garcia, Goschka, George, Sikkema and Stamas entered the Senate Chamber.
A quorum of the Senate was present.
Motions and Communications
Senator Hammerstrom moved that Senator Toy be excused from today's session.
The motion prevailed.
Senator Hammerstrom moved that consideration of the following bill be postponed for today:
Senate Bill No.246
The motion prevailed.
Senator Hammerstrom moved that the enrollment be vacated on the following bill:
Enrolled Senate Bill No.1105, entitled
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 43502, 43505, 43506, 43517, 43520, and 43525 (MCL 324.43502, 324.43505, 324.43506, 324.43517, 324.43520, and 324.43525), sections 43502, 43505, 43506, and 43525 as amended by 1996 PA 585 and sections 43517 and 43520 as added by 1995 PA 57.
The motion prevailed.
The bill was placed on the order of Messages from the House.
Senator Hammerstrom moved that the Committee on Finance be discharged from further consideration of the following bill:
House Bill No.4971, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 32.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Hammerstrom moved that the Committee on Commerce and Labor be discharged from further consideration of the following bill:
House Bill No.6213, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.
Senator Schauer requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion prevailed, a majority of the members serving voting therefor, as follows:
Roll Call No.542 Yeas--21
Allen Garcia Hardiman Patterson
Birkholz George Jelinek Sanborn
Bishop Gilbert Johnson Sikkema
Brown Goschka Kuipers Stamas
Cassis Hammerstrom McManus Van Woerkom
Cropsey
Nays--16
Barcia Clark-Coleman Leland Scott
Basham Clarke Olshove Switalski
Brater Emerson Prusi Thomas
Cherry Jacobs Schauer Whitmer
Excused--1
Toy
Not Voting--0
In The Chair: President
Senator Schauer asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Schauer's statement is as follows:
Yogi Berra said this is like déjà vu all over again. I rise to object to the discharge of House Bill No.6213. It's very interesting, the first minimum wage bill that the majority party rushed to the Senate floor led to this mess that we're in right now that this bill apparently is trying to fix.
I object to the discharge because the committee did hold one hearing yesterday, which is one hearing more than Senator Basham's bill got. It was a good hearing. I was there. Senator Olshove and I were both there. Two of the three Republican members were there. Senator Allen was there, Senator McManus was there, and Senator Toy was not there. We heard lots of good testimony from business groups that were supportive, some very anxious about the law that was signed that wasn't aligned with federal overtime exemptions. So there are a number of classes of employees now that would be subject to this new law.
We heard from some groups that were opposed and raised some very important issues and concerns. I asked a lot of questions in committee yesterday. I got answers to some of my questions. I didn't get answers to others of my questions. The committee was scheduled to meet this morning at 8:30a.m. I thought we were going to vote or continue our deliberations in committee. That committee hearing was recessed. I thought a recess meant that there is a possibility of the committee reconvening. I'm not quite sure why we're here and why we are discharging that committee.
I would think that we would want to avoid mistakes of the past, colleagues. We do have an opportunity to fix this issue. I would prefer that we would fix it correctly this time rather than be back in a few weeks, in a month, or sometime this summer to fix it again. That's what I'm afraid, quite frankly, we're going to do. We're rushing again on a very important issue, and for that reason, I object to the discharge and would oppose discharging the Commerce and Labor Committee. The Commerce and Labor Committee ought to be able to continue its work, colleagues.
Senator Hammerstrom moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today:
House Bill No.6213
The motion prevailed, a majority of the members serving voting therefor.
Senator Schauer moved that the Committee on Economic Development, Small Business and Regulatory Reform be discharged from further consideration of 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.
On which motion Senator Hammerstrom moved that the previous question be ordered.
The motion prevailed.
The question being on the motion to discharge,
The motion did not prevail, a majority of the members serving not voting therefor.
Senator Schauer requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion did not prevail, a majority of the members serving not voting therefor, as follows:
Roll Call No.543 Yeas--16
Barcia Clark-Coleman Leland Scott
Basham Clarke Olshove Switalski
Brater Emerson Prusi Thomas
Cherry Jacobs Schauer Whitmer
Nays--21
Allen Garcia Hardiman Patterson
Birkholz George Jelinek Sanborn
Bishop Gilbert Johnson Sikkema
Brown Goschka Kuipers Stamas
Cassis Hammerstrom McManus Van Woerkom
Cropsey
Excused--1
Toy
Not Voting--0
In The Chair: President
Senator Schauer asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Schauer's statement is as follows:
Senate Resolution No.130, which I introduced several months ago, was part of a package of bills and resolutions dealing with the devastation caused by outsourcing and the Bush Administration's policies resulting in outsourcing.
I will be voting against the objection. This resolution should be discharged from committee because no committee hearing has been held on this important resolution. The resolution is not controversial in any way. We memorialize the Congress to do lots of things. This resolution would merely urge the Congress to close a tax loophole which rewards the movement of U.S. manufacturing jobs overseas.
I don't know why this resolution has been languishing in the committee on Economic Development, Small Business and Regulatory Reform. It needs to move. This resolution should not only be discharged, but it should be adopted unanimously.
Senator Schauer moved that the Committee on Economic Development, Small Business and Regulatory Reform be discharged from further consideration of 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.
On which motion Senator Schauer requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The question being on the motion to discharge,
Senator Hammerstrom moved that the previous question be ordered.
The motion prevailed.
The question being on the motion to discharge,
The motion did not prevail, a majority of the members serving not voting therefor, as follows:
Roll Call No.544 Yeas--16
Barcia Clark-Coleman Leland Scott
Basham Clarke Olshove Switalski
Brater Emerson Prusi Thomas
Cherry Jacobs Schauer Whitmer
Nays--21
Allen Garcia Hardiman Patterson
Birkholz George Jelinek Sanborn
Bishop Gilbert Johnson Sikkema
Brown Goschka Kuipers Stamas
Cassis Hammerstrom McManus Van Woerkom
Cropsey
Excused--1
Toy
Not Voting--0
In The Chair: President
Senator Schauer asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Schauer's statement is as follows:
Senate Resolution No.133 was introduced at the same time as Senate Resolution No.130. The committee has not held a hearing on, again, a very noncontroversial, pro-worker resolution.
Colleagues, frankly, we just simply cannot wait any longer as manufacturing jobs are being outsourced. They're leaving our country and they're leaving our state. This resolution, Senate Resolution No.133, would merely memorialize the Congress of the United States to enact the United States Workers Protection Act. It is very important that we speak with a loud, unified voice. It is unfortunate that the committee has chosen inaction rather than action on the important issue of protecting Michigan workers, protecting Michigan jobs, and urging the Congress to act proactively on this outsourcing issue to help our state and our workers.
I would urge a "yes" vote on discharging Senate Resolution No.133.
Recess
Senator Stamas moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:38a.m.
10:48a.m.
The Senate was called to order by the President, Lieutenant Governor Cherry.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Hammerstrom 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 Kuipers 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:
House Bill No.6213, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
The bill was placed on the order of Third Reading of Bills.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Hammerstrom moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:
House Bill No.6213
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No.6213, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 14 (MCL 408.394), as amended by 1998 PA 37.
The question being on the passage of the bill,
Senator George offered the following amendment:
1. Amend page 2, following line 23, by inserting:
"(4) THE AMENDATORY ACT THAT ADDED SUBSECTION (1)(A) AND (B) DOES NOT DEPRIVE AN EMPLOYEE OF ANY RIGHT TO OVERTIME COMPENSATION THAT EXISTED BEFORE THE EFFECTIVE DATE OF THAT AMENDATORY ACT.".
The question being on the adoption of the amendment,
Senator Hammerstrom requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was adopted, a majority of the members serving voting therefor, as follows:
Roll Call No.545 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 Thomas
Cassis Hammerstrom Patterson Van Woerkom
Cherry Hardiman Prusi Whitmer
Clark-Coleman
Nays--0
Excused--1
Toy
Not Voting--0
In The Chair: President
Senator Schauer offered the following amendment:
1. Amend page 2, following line 25, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No.4709 of the 93rd Legislature is enacted into law.".
The question being on the adoption of the amendment,
Senator Hammerstrom moved that the previous question be ordered on the adoption of the amendment and passage of the bill.
The motion prevailed.
The question being on the adoption of the amendment,
The amendment was not adopted, a majority of the members serving not voting therefor.
Senator Schauer requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The amendment was not adopted, a majority of the members serving not voting therefor, as follows:
Roll Call No.546 Yeas--16
Barcia Clark-Coleman Leland Scott
Basham Clarke Olshove Switalski
Brater Emerson Prusi Thomas
Cherry Jacobs Schauer Whitmer
Nays--21
Allen Garcia Hardiman Patterson
Birkholz George Jelinek Sanborn
Bishop Gilbert Johnson Sikkema
Brown Goschka Kuipers Stamas
Cassis Hammerstrom McManus Van Woerkom
Cropsey
Excused--1
Toy
Not Voting--0
In The Chair: President
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.547 Yeas--21
Allen Garcia Hardiman Patterson
Birkholz George Jelinek Sanborn
Bishop Gilbert Johnson Sikkema
Brown Goschka Kuipers Stamas
Cassis Hammerstrom McManus Van Woerkom
Cropsey
Nays--16
Barcia Clark-Coleman Leland Scott
Basham Clarke Olshove Switalski
Brater Emerson Prusi Thomas
Cherry Jacobs Schauer Whitmer
Excused--1
Toy
Not Voting--0
In The Chair: President
Senator Hammerstrom moved that the bill be given immediate effect.
The motion did not prevail, 2/3 of the members serving not voting therefor.
Senator Hammerstrom requested the yeas and nays.
The yeas and nays were ordered, 1/5 of the members present voting therefor.
The motion did not prevail, 2/3 of the members serving not voting therefor, as follows:
Roll Call No.548 Yeas--21
Allen Garcia Hardiman Patterson
Birkholz George Jelinek Sanborn
Bishop Gilbert Johnson Sikkema
Brown Goschka Kuipers Stamas
Cassis Hammerstrom McManus Van Woerkom
Cropsey
Nays--16
Barcia Clark-Coleman Leland Scott
Basham Clarke Olshove Switalski
Brater Emerson Prusi Thomas
Cherry Jacobs Schauer Whitmer
Excused--1
Toy
Not Voting--0
In The Chair: President
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for the administration and enforcement of this act; and to prescribe penalties for the violation of this act,".
The Senate agreed to the full title.
Protests
Senators Basham, Schauer, Clark-Coleman and Scott, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No.6213.
Senator Basham's statement, in which Senators Clark-Coleman and Scott concurred, is as follows:
First of all, I thought we were a deliberative chamber. It seems like in our rush to get it done, we had no discussion on a bill that actually started out as my bill, probably a year and a half ago, and never got a hearing. There are many reasons why we should not be discharging bills, particularly like these bills. Certainly, there are a lot of bills I would like to see discharged, and again, this body chooses not to move on.
As we've discussed this bill--actually we didn't discuss it--and its implications, the central issue here is that work is valuable and a worker's time is valuable. Overtime pay is an important right that people have fought for, worked for, and earned. The U.S. government has seen fit to protect the rights of workers for 65 years. So, as we struggle to interpret the ramifications of this bill, or don't struggle, as this case might be, I suggest that if we must error, we should error on the side of bettering the lives of working people in this state.
When I introduced Senate Bill No.318 to raise the minimum wage, and that was my goal, I didn't want to see it ripped down before people could even see the first increase in their paychecks. As we assume enforcement of overtime provisions in Michigan, we must also assume leadership on the question of what are the right exemptions to adopt for our state and our economy. Many employers in this state are governed by the Fair Labor Standards Act, but there are many provisions in the law that play little or no part to Michigan's economy.
Furthermore, there are several types of employment which are not governed by the FLSA, but rather are governed by Michigan law because it makes more sense for the employers and the employees. To jeopardize this flexibility or to submit completely to the federal overtime standards, would be simply irresponsible.
In 2004, some six million workers lost their right to overtime pay as a consequence of regulatory changes enacted by the Bush Administration. Even though Congress tried to block the change with a series of bipartisan votes, the Administration plowed ahead.
Let's not leave ourselves vulnerable to this type of pre-emption in the future. I say this as a golden opportunity to take control of overtime regulations in our state and to make them our own. We must do so with careful consideration with the best interests of Michigan workers in mind.
There was comment about attracting jobs to the state of Michigan. I heard a seminar where Bill Gates said that taxes alone and wages alone were not the only reason that those types of high-technology jobs locate in the state. Michigan is 36th out of 50 when it comes to its overall tax fairness. Certainly, when folks like Bill Gates speak, then states like Michigan should listen when it comes to attracting jobs. Livability was the No.1 factor and education was certainly important to attracting jobs to states. So we should look at those things and not merely taxes alone, but if you look at taxes, Michigan's overall tax fairness is 36 out of 50.
So I would encourage my colleagues in the future if you want to discharge bills again, we should have some serious deliberative debate, and not stymie the minority party when they want to at least be heard in times of these important issues in front of this chamber.
Senator Schauer's statement is as follows:
As House Bill No.6213 went through the committee process, and I use the verb "went" generously, I was struck by how much contradictory information was presented. For instance, the Michigan Nurses Association presented testimony in opposition to the bill arguing that it is unnecessary and may jeopardize their ability to have flexibility in scheduling, such as the use of the so-called 880 provision.
On the other hand, we heard testimony from Foote Hospital in my district, a member of the Michigan Health and Hospital Association, in support of the bill. They argue that the 880 provision would be jeopardized without passing House Bill No.6213. Which is it?
Two Lansing car dealerships, they happen to be Saturn dealerships, I believe, were cited in this debate. In the Lansing State Journal, the owner of one of these dealerships responded that they'd "just have to adjust a little" to account for the differences in Michigan's overtime provisions that would be effective under the current law on October 1. On the other hand, we heard from other auto dealers that they would not be able to serve the customer and may, in fact, go out of business under Michigan's overtime provisions under current law. Which is it?
We also heard suggestions that domestic caregivers caring for our most vulnerable citizens and auto mechanics--mechanics--should be eligible for overtime pay. They're not under federal changes under the Bush Administration that occurred in 2004, and they also wouldn't be eligible under this bill that's before us.
Why are movie theater employees exempt under federal law and also would be exempt under this bill that's before us? Movie theater employees? Why should that continue? I couldn't get an answer to my question, the same question in committee.
Another thing I noticed while listening in committee, and I commented on this, was the urgency in the voices of those testifying on both sides of the issue. This bill would seriously affect the livelihoods of Michigan's businesses and workers. I, along with several of my colleagues, want to be sure that we aren't digging ourselves into an ever deepening spiral of unintended consequences. We need to get it right this time, colleagues.
One thing is clear. This bill attempts to tackle the immensely complex task of reconciling the federal and state wage and hour law that has been tailored to a variety of specific employment situations over the course of 68 years. We need to give careful consideration this time and be mindful of possible effects on each class of workers and employers in each of these districts.
Mr.President and colleagues, I voted "no" on this bill because I don't believe we have given careful consideration, nor have we been mindful of possible effects on each class of workers and employers. Let's learn from past mistakes and give this bill the full consideration of this very important issue and understand the magnitude and the consequences that are at stake.
Colleagues, it is June 27 and this law goes into effect October 1. We should take the time to do it right. We have not done so, and for those reasons I voted "no."
By unanimous consent the Senate returned to the order of
Motions and Communications
The Secretary announced that the Majority Leader has made the appointment of the following standing committee:
Commerce and Labor - Senator Cassis (VC) temporarily replacing Senator Toy.
The standing committee appointment was approved, a majority of the members serving voting therefor.
The following communications were received:
Department of State
Administrative Rules
Notices of Filing
April 19, 2006
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 and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:55p.m. this date, administrative rule (06-04-02) for the Department of Natural Resources, Law Enforcement Division, entitled "Local Snowmobile and Off Road Vehicle Control - Kawkawlin River." 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.
June 8, 2006
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 and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:48p.m. this date, administrative rule (06-06-02) for the Department of Labor and Economic Growth, Director's Office, "Prepaid Funeral and Cemetery Sales." 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.
June 9, 2006
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 and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:59p.m. this date, administrative rule (06-06-03) for the Department of Human Services, Director's Office, "Child Day Care Licensing - Child Care Center." These rules take effect 180 days after filing with the Secretary of State.
June 9, 2006
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 and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:01p.m. this date, administrative rule (06-06-04) for the Department of State Police, Michigan Commission on Law Enforcement Standards "Law Enforcement Standards and Training." Theserules 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.
June 9, 2006
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 and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:03p.m. this date, administrative rule (06-06-05) for the Department of Community Health, Director's Office "Dentistry." 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 House bills were received in the Senate and filed on Thursday, June 22:
House Bill Nos. 4861 5327 5661 5663 5672 5967 5968 5970 6009 6014 6016 6032 6047 6062 6063 6064 6086 6137 6139 6140 6145 6146 6147 6194 6195 6196 6202
The Secretary announced the enrollment printing and presentation to the Governor on Friday, June 23, for her approval the following bills:
Enrolled Senate Bill No.1115 at 9:46a.m.
Enrolled Senate Bill No.1116 at 9:48a.m.
Enrolled Senate Bill No.1119 at 9:50a.m.
Enrolled Senate Bill No.1112 at 9:52a.m.
Enrolled Senate Bill No.1120 at 9:54a.m.
Enrolled Senate Bill No.1282 at 9:56a.m.
Enrolled Senate Bill No.1202 at 9:58a.m.
Enrolled Senate Bill No.538 at 10:00a.m.
The Secretary announced the enrollment printing and presentation to the Governor on Monday, June 26, for her approval the following bill:
Enrolled Senate Bill No.1075 at 10:55a.m.
The Secretary announced that the following official bills were printed on Thursday, June 22, and are available at the legislative website:
Senate Bill Nos. 1324 1325
House Bill Nos. 6236 6237 6238 6239 6240 6241 6242 6243 6244 6245 6246 6247 6248 6249 6250 6251 6252 6253 6254
The Secretary announced that the following official bills were printed on Friday, June 23, and are available at the legislative website:
Senate Bill Nos. 1326 1327 1328 1329 1330 1331
House Bill Nos. 6255 6256 6257 6258 6259 6260 6261 6262 6263 6264 6265 6266 6267 6268 6269
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senator Hammerstrom moved that consideration of the following bill be postponed for today:
Senate Bill No.875
The motion prevailed.
Senate Bill No.802, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3 and 8 (MCL 207.803 and 207.808), section 3 as amended by 2004 PA 398 and section 8 as amended by 2005 PA 185.
The House of Representatives has substituted (H-3) the bill.
The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1995 PA 24, entitled "An act to promote economic growth and job creation within this state; to create and regulate the Michigan economic growth authority; to prescribe the powers and duties of the authority and of state and local officials; to assess and collect a fee; to approve certain plans and the use of certain funds; and to provide qualifications for and determine eligibility for tax credits and other incentives for authorized businesses and for qualified taxpayers," by amending sections 8 and 10 (MCL 207.808 and 207.810), section 8 as amended by 2006 PA 117 and section 10 as amended by 2003 PA 248.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.549 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 Thomas
Cassis Hammerstrom Patterson Van Woerkom
Cherry Hardiman Prusi Whitmer
Clark-Coleman
Nays--0
Excused--1
Toy
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.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.1040, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30101, 30104, and 30105 (MCL 324.30101, 324.30104, and 324.30105), section 30101 as amended by 1999 PA 106 and sections 30104 and 30105 as amended by 2004 PA 325.
The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.1176, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 275.
The House of Representatives has amended the bill as follows:
1. Amend page 1, line 3, after "TO" by striking out "$150.00" and inserting "4.5% OF THE EXEMPTION AMOUNT FOR THE TAX YEAR ALLOWED UNDER SECTION 30(2) FOR A SINGLE EXEMPTION ROUNDED UP TO THE NEAREST $10.00 INCREMENT".
The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.1260, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 21502, 21503, 21506a, and 21552 (MCL 324.21502, 324.21503, 324.21506a, and 324.21552), section 21502 as amended and sections 21506a and 21552 as added by 2004 PA 390 and section 21503 as amended by 1996 PA 181.
The House of Representatives has substituted (H-1) the bill.
The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senate Bill No.900, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8c (MCL 125.2688c), as amended by 2003 PA 93.
Substitute (H-2).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.550 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 Thomas
Cassis Hammerstrom Patterson Van Woerkom
Cherry Hardiman Prusi Whitmer
Clark-Coleman
Nays--0
Excused--1
Toy
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.
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.1074, entitled
A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by amending section 8 (MCL 207.1008), as amended by 2002 PA 668.
Substitute (H-1).
The question being on concurring in the substitute made to the bill by the House,
Senator Gilbert offered the following amendment to the substitute:
1. Amend page 6, line 14, after "unless" by striking out "House Bill No.5755" and inserting "Senate Bill No.1079".
The amendment to the substitute was adopted.
The question being on concurring in the House substitute, as amended,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.551 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 Thomas
Cassis Hammerstrom Patterson Van Woerkom
Cherry Hardiman Prusi Whitmer
Clark-Coleman
Nays--0
Excused--1
Toy
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.
The Senate agreed to the full title.
Senate Bill No.1078, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 3, 6, and 8 (MCL 125.2683, 125.2686, and 125.2688), section 3 as amended by 2005 PA 275, section 6 as amended by 2006 PA 116, and section 8 as amended by 2003 PA 266, and by adding section 8e.
Substitute (H-3).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.552 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 Thomas
Cassis Hammerstrom Patterson Van Woerkom
Cherry Hardiman Prusi Whitmer
Clark-Coleman
Nays--0
Excused--1
Toy
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.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
Senate Bill No.1079, entitled
A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending sections 2, 3, 4a, 5, 6, and 7 (MCL 290.642, 290.643, 290.644a, 290.645, 290.646, and 290.647), sections 2 and 7 as amended by 1993 PA 236, sections3 and 5 as amended by 2002 PA 13, section 4a as amended by 2002 PA 425, and section 6 as amended by 2004 PA 278.
Substitute (H-3).
The question being on concurring in the substitute made to the bill by the House,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.553 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 Thomas
Cassis Hammerstrom Patterson Van Woerkom
Cherry Hardiman Prusi Whitmer
Clark-Coleman
Nays--0
Excused--1
Toy
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.
The Senate agreed to the title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
House Bill No.5752, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 3, 6, and 8 (MCL 125.2683, 125.2686, and 125.2688), section 3 as amended by 2005 PA 275, section 6 as amended by 2004 PA 430, and section 8 as amended by 2003 PA 266, and by adding section 8e.
Substitute (H-4).
The question being on concurring in the House substitute made to the Senate substitute,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.554 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 Thomas
Cassis Hammerstrom Patterson Van Woerkom
Cherry Hardiman Prusi Whitmer
Clark-Coleman
Nays--0
Excused--1
Toy
Not Voting--0
In The Chair: President
The Senate agreed to the title as amended.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,".
The Senate agreed to the full title.
Senate Bill No.1105, entitled
A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 43502, 43505, 43506, 43517, 43520, and 43525 (MCL 324.43502, 324.43505, 324.43506, 324.43517, 324.43520, and 324.43525), sections 43502, 43505, 43506, and 43525 as amended by 1996 PA 585 and sections 43517 and 43520 as added by 1995 PA 57.
Senator Hammerstrom moved that rule 3.311 be suspended to permit reconsideration of the vote by which the House substitute was concurred in.
The motion prevailed, a majority of the members serving voting therefor.
Senator Hammerstrom moved to reconsider the vote by which the House substitute was concurred in.
The motion prevailed, a majority of the members serving voting, therefor.
The question being on concurring in the substitute made to the bill by the House,
Senator McManus offered the following substitute to the House substitute:
Substitute (S-3).
The substitute to the substitute was adopted,
The question being on concurring in the House substitute, as substituted,
The substitute was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.555 Yeas--26
Allen Cherry Hammerstrom Prusi
Barcia Clarke Hardiman Sanborn
Basham Cropsey Jelinek Schauer
Birkholz Garcia Kuipers Sikkema
Bishop George McManus Stamas
Brown Gilbert Patterson Van Woerkom
Cassis Goschka
Nays--11
Brater Jacobs Olshove Thomas
Clark-Coleman Johnson Scott Whitmer
Emerson Leland Switalski
Excused--1
Toy
Not Voting--0
In The Chair: President
Senator McManus offered to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 43502, 43505, 43506, 43517, and 43520 (MCL 324.43502, 324.43505, 324.43506, 324.43517, and 324.43520), sections 43502, 43505, and 43506 as amended by 1996 PA 585 and sections 43517 and 43520 as added by 1995 PA 57.
The amendment to the title was adopted.
The Senate agreed to the title as amended.
By unanimous consent the Senate returned to the order of
Messages from the Governor
Senator Hammerstrom moved that consideration of the following bills be postponed for today:
Senate Bill No.272
Senate Bill No.271
Senate Bill No.264
Senate Bill No.274
Senate Bill No.281
Senate Bill No.175
Senate Bill No.236
Senate Bill No.892
Senate Bill No.893
Senate Bill No.956
Senate Bill No.957
Senate Bill No.179
Senate Bill No.1026
Senate Bill No.1027
Senate Bill No.1028
Senate Bill No.372
Senate Bill No.973
Senate Bill No.974
Senate Bill No.975
Senate Bill No.976
Senate Bill No.242
The motion prevailed.
The President pro tempore, Senator Birkholz, assumed the Chair.
The following messages from the Governor were received:
Date: June 24, 2006
Time: 9:21p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.471 (Public Act No.225), being
An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by repealing section 1487 (MCL 600.1487[1]), as added by 1996 PA 428.
(Filed with the Secretary of State on June 26, 2006, at 10:22a.m.)
Date: June 24, 2006
Time: 9:23p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.472 (Public Act No.226), being
An act to amend 1987 PA 26, entitled "An act to create the Michigan superconducting super collider commission; to prescribe its powers and duties; to prescribe the powers and duties of certain state agencies and certain state officials; to provide for the establishment of the superconducting super collider in this state; to provide for the purchase of certain property for the superconducting super collider; to provide for certain equity payments; and to provide for reimbursement to local governments for taxes lost due to purchase of certain real property for the superconducting super collider," by amending section 11 (MCL 3.821), as amended by 1988 PA 274.
(Filed with the Secretary of State on June 26, 2006, at 10:24a.m.)
Date: June 24, 2006
Time: 9:25p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.473 (Public Act No.227), being
An act to amend 1996 PA 462, entitled "An act to authorize public bodies to provide enhanced access to certain public records and to impose certain fees for providing that enhanced access; to regulate enhanced access to certain public records; and to authorize public bodies to establish and impose fees for the use of geographical information systems," by repealing section 5 (MCL 15.445).
(Filed with the Secretary of State on June 26, 2006, at 10:26a.m.)
Date: June 24, 2006
Time: 9:27p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.474 (Public Act No.228), being
An act to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by repealing section 2 (MCL 21.142).
(Filed with the Secretary of State on June 26, 2006, at 10:28a.m.)
Date: June 24, 2006
Time: 9:29p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.475 (Public Act No.229), being
An act to amend 1982 PA 175, entitled "An act to create a state research fund within the department of commerce; to provide for the administration of the fund; to prescribe the powers and duties of certain state agencies and officers; to provide for feasibility review panels; to provide for certain appropriations; and to repeal certain acts and parts of acts," by amending section 2 (MCL 125.1952).
(Filed with the Secretary of State on June 26, 2006, at 10:30a.m.)
Date: June 24, 2006
Time: 9:31p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.476 (Public Act No.230), being
An act to amend 1984 PA 270, entitled "An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts," by amending section 77 (MCL 125.2077).
(Filed with the Secretary of State on June 26, 2006, at 10:32a.m.)
Date: June 24, 2006
Time: 9:33p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.478 (Public Act No.231), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 629d (MCL 257.629d), as added by 1987 PA 154; and to repeal acts and parts of acts.
(Filed with the Secretary of State on June 26, 2006, at 10:34a.m.)
Date: June 24, 2006
Time: 9:35p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.481 (Public Act No.232), being
An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by repealing section 8029 (MCL 600.8029).
(Filed with the Secretary of State on June 26, 2006, at 10:36a.m.)
Date: June 24, 2006
Time: 9:37p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.816 (Public Act No.233), being
An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding section 498b.
(Filed with the Secretary of State on June 26, 2006, at 10:38a.m.)
Date: June 24, 2006
Time: 9:39p.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.817 (Public Act No.234), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 40.
(Filed with the Secretary of State on June 26, 2006, at 10:40a.m.)
Respectfully,
Jennifer M. Granholm
Governor
The following message from the Governor was received and read:
VEHICLES; MOTORCYCLES; REQUIRE WEARING CRASH HELMETS
June 23, 2006
Today I have vetoed Enrolled Senate Bill 297, as provided under Section 33 of Article IV of the Michigan Constitution of 1963. I do not believe that the legal requirement to wear a helmet while operating or riding on a motorcycle in Michigan should be eliminated.
Repealing the requirement that motorcyclists wear helmets would be costly to all Michigan families. The $10,000 personal injury protection requirement under the bill is woefully inadequate. Actual costs for treatment of head injuries have been shown to be 400 percent higher. For closed-head injuries, lifetime long-term care costs run between $4 million and $9 million. By failing to require sufficient insurance protection, this bill would force higher medical and insurance costs on all Michigan citizens.
On this issue, the evidence is clear--motorcycle helmets save lives and reduce serious injury. States that have repealed this safety standard have experienced significantly increased fatality rates. In Louisiana, for example, the requirement that motorcycle riders wear helmets was reinstated four years after its repeal due to a 65 percent increase in fatalities. Studies have shown that helmet usage reduces fatalities by 37 percent and prevents traumatic brain injury by 67 percent.
The social and economic costs of this legislation simply are too high. For these reasons, I return Enrolled Senate Bill 297 without signature.
Respectfully,
Jennifer M. Granholm
Governor
This bill was returned from the Governor on June 23, 2006, at 1:58p.m.
The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding,
Senator Cropsey moved that further consideration of the bill be postponed for today.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Cropsey moved that consideration of the following resolution be postponed for today:
Senate Resolution No.71
The motion prevailed.
Senators Scott, Schauer, Emerson, Cherry, Olshove, Barcia, Jacobs, Thomas, Clark-Coleman, Whitmer, Basham, Brater, Hardiman, Prusi, Clarke, Birkholz, Cassis, Switalski, Jelinek and Cropsey offered the following resolution:
Senate Resolution No.153.
A resolution to memorialize the Congress of the United States to enact legislation directing the Architect of the Capitol to revise a group portrait statue to incorporate the likeness of Sojourner Truth.
Whereas, In 1920, a statue now known as the Portrait Monument was presented to the Congress of the United States to mark the adoption of the Nineteenth Amendment to the United States Constitution, which guaranteed women the right to vote. This monument, which graces the rotunda of our nation's Capitol, portrays several early suffragists; and
Whereas, Sojourner Truth, a remarkable African American woman who rose from slavery to meet with President Lincoln and to lobby before the Congress in the mid-nineteenth century in the battle for equality in our country, was omitted from the Portrait Monument. Legislation has been introduced in recent congresses to rectify this omission and add Sojourner Truth to this monument; and
Whereas, Congress has before it a bill to direct the Architect of the Capitol to revise the group portrait statue to add an image of Sojourner Truth. This legislation, H.R. 4475, will, at long last, add her to her rightful place among those who worked to bring full equality to women; and
Whereas, Born into slavery as Isabella Baumfree, Sojourner Truth, who became a leader within the Underground Railroad, was one of the strongest and most effective voices of her age for justice toward women and minorities. She labored tirelessly to secure opportunities for freed slaves and those who struggled. In 1857, she settled in Battle Creek, where she worked with the Freedman's Relief Agency and continued to speak out for equality until her death in 1883 as one of Michigan's most remarkable citizens; now, therefore, be it
Resolved by the Senate, That we memorialize the Congress of the United States to enact H.R. 4475, legislation directing the Architect of the Capitol to revise a group portrait statue to incorporate the likeness of Sojourner Truth; 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.
Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations.
Introduction and Referral of Bills
Senators Brater, Prusi, Clark-Coleman, Basham and Whitmer introduced
Senate Bill No.1332, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3113 (MCL 324.3113), as amended by 2004 PA 91.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Brater, Prusi, Clark-Coleman, Basham, Jacobs and Whitmer introduced
Senate Bill No.1333, entitled
A bill to establish minimum efficiency standards for certain products sold or installed in the state; to prescribe the powers and duties of certain state agencies and officials; and to provide for penalties.
The bill was read a first and second time by title and referred to the Committee on Technology and Energy.
Senators Scott, Emerson, Schauer, Cherry, Olshove, Barcia, Jacobs, Thomas, Clark-Coleman, Whitmer, Basham, Brater, Hardiman, Prusi, Clarke, Birkholz, Cassis, Switalski, Jelinek, Cropsey and Kuipers introduced
Senate Bill No.1334, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 14j.
The bill was read a first and second time by title and referred to the Committee on Families and Human Services.
Senators Cherry, Switalski, Basham, Jacobs, Prusi, Olshove, Whitmer, Schauer, Barcia, Clark-Coleman, Clarke and Scott introduced
Senate Bill No.1335, entitled
A bill to provide for the administration of the Michigan merit award program; to provide for the powers and duties of certain state officers and entities; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
House Bill No.4861, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 224, 224d, and 231 (MCL 750.224, 750.224d, and 750.231), section 224 as amended by 1991 PA 33, section 224d as amended by 1992 PA 4, and section 231 as amended by 2002 PA 536.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No.5327, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17221 (MCL 333.17221), as amended by 1993 PA 79.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.5661, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section2111a.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions.
House Bill No.5663, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 310f.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No.5672, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17766 (MCL 333.17766), as amended by 2004 PA 329, and by adding section 17780.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.5967, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 36 and 40a (MCL 791.236 and 791.240a), section 36 as amended by 2006 PA 168 and section 40a as amended by 1993 PA 346.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No.5968, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 4a of chapter IX (MCL 769.4a), as amended by 2004 PA 220.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No.5970, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 7 (MCL 24.207), as amended by 2000 PA 216.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No.6009, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625 (MCL 257.625), as amended by 2004 PA 62.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
House Bill No.6014, entitled
A bill to amend 1931 PA 327, entitled "An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations," by amending sections 171 and 176 (MCL 450.171 and 450.176) and by adding section 177a.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No.6016, entitled
A bill to amend 1964 PA 142, entitled "An act to authorize the state department of education to provide minimum requirements for nonincorporated privately operated institutions which purport to offer degrees, diplomas or certificates based on education beyond high school, or education for transfer to institutions of higher learning," (MCL 390.771 to 390.772) by adding section 1a.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No.6032, entitled
A bill to amend 2000 PA 251, entitled "Patient's right to independent review act," by amending section 3 (MCL 550.1903).
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6047, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 21553, 21554, 21555, 21556, and 21557.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No.6062, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16511 and 16521 (MCL 333.16511 and 333.16521), as added by 2006 PA 30.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6063, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18811 and 18821 (MCL 333.18811 and 333.18821), section 18811 as amended by 1982 PA 353 and section 18821 as amended by 1993 PA 79.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6064, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18705 (MCL 333.18705), as added by 2004 PA 3.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6086, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18411 (MCL 333.18411).
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6137, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217d, 801, 811d, 811e, 811f, 811g, 811h, 811i, 811j, 811k, 811l, and 811n (MCL 257.217d, 257.801, 257.811d, 257.811e, 257.811f, 257.811g, 257.811h, 257.811i, 257.811j, 257.811k, 257.811l, and 257.811n), sections 217d and 811h as amended by 2003 PA 152, section 801 as amended by 2006 PA 136, section 811d as amended by 2005 PA 317, section 811e as amended by 2001 PA 124, sections 811f and 811g as added by 2000 PA 77, section 811i as added by 2000 PA 74, section 811j as added by 2000 PA 71, section 811k as added by 2000 PA 73, section 811l as added by 2000 PA 70, and section 811n as added by 2000 PA 79, and by adding sections 811m, 811o, 811p, and 811q; and to repeal acts and parts of acts.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Transportation.
House Bill No.6139, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17411 and 17421 (MCL 333.17411 and 333.17421), section 17421 as amended by 1993 PA 79.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6140, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16803 and 16805 (MCL 333.16803 and 333.16805), as added by 2004 PA 97.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6145, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18305 (MCL 333.18305), as amended by 1993 PA 79.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6146, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 18505 (MCL 333.18505), as amended by 2004 PA 61.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6147, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7301a, 16111, 16122, 16139, and 16264 (MCL 333.7301a, 333.16111, 333.16122, 333.16139, and 333.16264), section 7301a as added and section 16111 as amended by 1988 PA 462 and sections 16122 and 16139 as amended by 1993 PA 80; and to repeal acts and parts of acts.
The House of Representatives has passed the bill.
The bill was read a first and second time by title and referred to the Committee on Health Policy.
House Bill No.6194, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5238 (MCL 500.5238), as amended by 1989 PA 139.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No.6195, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5245 (MCL 500.5245).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No.6196, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5248 (MCL 500.5248).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No.6202, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 21558, 21559, 21560, 21561, 21562, and 21563.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title.
Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, a majority of the members serving voting therefor.
Statements
Senators Cropsey, Sanborn and Scott asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Cropsey's statement is as follows:
I've been going over some of the different assumptions that are made a lot of time when people go into prison and when they come out. Some of the assumptions that the prisoner advocates have--I said there are four assumptions that they make that I don't believe are good for the health, safety, and welfare of the state.
The first apparent assumption of prison advocates is to focus on the conviction and ignore real-life criminality. I talked about this last time under Statements. That assumption puts all of our constituents at risk.
The second apparent assumption that many of these prisoner advocates make is that they focus on the criminal and ignore real-life victims.
When you read materials from CAPPS, they consistently focus on six factors: the time the prisoner has served, the prisoner's conduct during confinement, the prisoner's participation in prison programs, the prisoner's age, the prisoner's pre-parole score, and the prisoner's classification level. They specifically object to looking at the underlying conviction itself or to the criminal's prior criminal history.
What's wrong with this emphasis? Under the law and the administrative rules promulgated pursuant to the law, the Parole Board is directed to consider at least 38 factors for each prisoner, not just six. The first eight factors specifically reference the original conviction and the impact of that crime on victims. The Parole Board is required to consider prior criminal record. They are required to consider juvenile adjudications that would be crimes if they were committed as an adult. They are also required to consider input from victims before the parole hearing, either in person or by letter.
The bottom line is the Parole Board is required by law, first and foremost, to consider, and I quote from the Michigan Compiled Laws 791.233, "The grant of a parole is subject to all of the following: (a) A prisoner shall not be given liberty on parole until the board has reasonable assurance, after consideration of all the facts and circumstances, including the prisoner's mental and social attitude, that the prisoner will not become a menace to society or public safety." The law places public safety, not parole, as priority No.1.
I haven't talked with this victim, but my staff has, and I learned something about criminals and victimization. A lady who had been raped told my staff that she was sitting on her patio with her husband one summer evening about 9:00p.m. She realized that she was finally getting on with her life because seven years after the rape, she had gone 15 minutes without thinking about the attack. She was petrified that her rapist would be released again, knowing he would likely come back to her community. Her attacker will either be paroled or he'll max out some day, but she still has a life sentence. And that's what victimization looks like in real life.
Patrick Selepak has been repeatedly reported as having been a polite and mannerly robber, going so far as to tell one clerk to stay in school. What has not been reported so widely is that one 60-year-old female business owner he robbed was so affected and frightened that she ended up closing her clothing store in Warren two years after the attack. She told The Detroit News that she never felt safe again. She didn't sell it; she closed it. And that's what victimization looks like in real life and why the Parole Board considers the original crime.
Lastly, the famous quote which I heard as recently as last week that drug dealing is nonviolent. In just Wayne and Oakland counties, at least 83 people have died from overdosing on just one drug so far this year, and the year isn't even half over. As I have stated frequently, 80 percent of all people arrested are either abusing substances or supporting a lifestyle of abuse. If substance abuse disappeared, so would most murders, most domestic violence, most rapes, most child abuse, all drunk driving causing injury or death, most larceny and home invasions, which are commonly committed to buy drugs, and most street violence. In short, life would be immeasurably better for all of us. So while the actual drug transaction may be nonviolent, the result of selling drugs is often violent and victimizes primarily women and children.
And that's why the second apparent assumption--focus on the criminal and ignore the victims--is so dangerous.
Senator Sanborn's statement is as follows:
Madam President, I rise to make a statement regarding comments that were made earlier today by the Senator from the 19th District regarding the discharge of Senate Resolution Nos. 130 and 133.
Madam President, I've always tried to move good policy through my committee in a bipartisan way, as I'm sure when he meets with his colleagues--the Democrat Senators from the 1st District, from the 2nd District, from the 4th District, from the 5th District, from the 8th District, from the 9th District, from the 14th District, from the 26th District, from the 31st District, and from the 38th District--as he speaks with them about how successfully these Democrats moved good public policy through my committee successfully. That's what I take into consideration when I move bills through my committee.
You see, Mr.Minority Floor Leader, all they had to do was make a request to the chairman of the committee to move the bills through my committee. Now perhaps you consider holding a press conference announcing that you're doing these bills as a formal request for hearing. They're not. That's not how we do things. We make a formal request.
To say that the bills languished in my committee--my goodness, languished in my committee--since May 2 of this last month, they've languished for, by golly, five or six weeks they've languished. To not even make a request for a hearing, I'm shocked. Then to ambush me on the floor, well, that's what makes this a bad time of year in the Legislature when political pandering becomes the first priority and good people do otherwise bad things like forgetting the professionalism and the collegiality of this esteemed chamber.
Senator Scott's statement is as follows:
In a simple comparison of average auto insurance rates, comparing the city of Detroit to the rest of Michigan, the numbers calculated were truly disturbing to me, and I hope to many of you.
For a married couple with no tickets and no accidents, Detroiters paid anywhere from 99 percent to 77 percent more than what outstate residents paid, depending on the insurance company. For the married couple, with two vehicles, Detroit's average premium per year ranged anywhere from $14,681 to $6,109, while the outstate average premium per year ranged from $7,381 to $3,447.
Comparisons were calculated using the 2005 Buyers' Guide to Auto Insurance which provides quotes for areas around the state.
Given these alarming figures, I am hopeful that with the limited remaining days we have in this 93rd legislative session, this esteemed body will act on legislation that has been introduced and enact true, meaningful insurance reform.
Committee Reports
The Committee on Banking and Financial Institutions reported
House Bill No.6175, entitled
A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," by amending section 17 (MCL 492.117).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael D. Bishop
Chairperson
To Report Out:
Yeas: Senators Bishop, Van Woerkom, Stamas, Olshove and Clark-Coleman
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Banking and Financial Institutions submitted the following:
Meeting held on Thursday, June 22, 2006, at 1:00p.m., Room 100, Farnum Building
Present: Senators Bishop (C), Van Woerkom, Stamas, Olshove and Clark-Coleman
Excused: Senators Sanborn and Leland
COMMITTEE ATTENDANCE REPORT
The Committee on Appropriations submitted the following:
Meeting held on Wednesday, June 21, 2006, at 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Johnson (C), Stamas, Brown, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry, Clarke and Switalski
Excused: Senator Goschka
COMMITTEE ATTENDANCE REPORT
The Joint Subcommittee on Capital Outlay submitted the following:
Meeting held on Thursday, June 22, 2006, at 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Johnson (C), George, Cropsey, Goschka, Hardiman, Prusi, Clarke and Cherry
Scheduled Meetings
Appropriations - Wednesday, June 28, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Subcommittee -
Capital Outlay - Thursday, June 29, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Commerce and Labor - Wednesday, June 28, 1:00p.m., Room 210, Farnum Building (373-2413)
Economic Development, Small Business and Regulatory Reform - Thursday, June 29, 8:30a.m., Rooms 402 and 403, Capitol Building (373-7670)
Finance - Wednesday, June 28, 12:00 noon, Room 110, Farnum Building (373-1758)
Local, Urban and State Affairs - Thursday, June 29, 1:00p.m., Room 110, Farnum Building (373-1707)
Senator Cropsey moved that the Senate adjourn.
The motion prevailed, the time being 12:15p.m.
The President pro tempore, Senator Birkholz, declared the Senate adjourned until Wednesday, June 28, 2006, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate