No. 78
STATE OF MICHIGAN
Journal of the Senate
93rd Legislature
REGULAR SESSION OF 2006
Senate Chamber, Lansing, Tuesday, September 5, 2006.
12:00 noon
The Senate was called to order by the President pro tempore, Senator Patricia L. Birkholz.
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--present
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 Kenneth R. Sikkema of the 28th District offered the following invocation:
Our Lord and our God, we begin by acknowledging You and Your presence. We thank You for the opportunity You have given all of us to serve the people of Michigan. We come from all parts of the state, different experiences, different ideas, different backgrounds, different political affiliations, and different priorities on what we think is important, but we are united in one common purpose and that is to serve the people of this state--the state of Michigan, the citizens of this state. In all of our deliberations today, here in this chamber and in committee meetings, help us to work together with that common purpose in mind.
We also today ask for Your healing presence for any member or member of any member's family that is struggling with health issues. We ask for Your healing presence on them.
This and more we ask in Your name. Amen.
The President pro tempore, Senator Birkholz, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Cropsey, Brown and Emerson entered the Senate Chamber.
Senator Hammerstrom moved that Senators Goschka, Garcia and Hardiman be temporarily excused from today's session.
The motion prevailed.
Recess
Senator Hammerstrom moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 12:05p.m.
12:35p.m.
The Senate was called to order by the President pro tempore, Senator Birkholz.
During the recess, Senators Garcia and Hardiman entered the Senate Chamber.
The following communication was received:
Department of State
Administrative Rules
Notice of Filing
August 31, 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 & Economic Growth, State Office of Administrative Hearings and Rules filed at 11:42a.m. this date, administrative rule (06-08-02) for the Department of History Arts and Libraries, Director's Office, "Microfilm Standards." These rules 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 communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, August 30:
House Bill Nos. 5033 5221 6098 6186 6248
The Secretary announced the enrollment printing and presentation to the Governor on Thursday, August 31, for her approval the following bill:
Enrolled Senate Bill No.1362 at 3:00p.m.
The Secretary announced that the following official bills were printed on Thursday, August 31, and are available at the legislative website:
Senate Bill Nos. 1391 1392 1393 1394
House Bill Nos. 6365 6366 6367 6368 6369 6370 6371 6372 6373 6374 6375 6376 6377 6378 6379 6380 6381 6382 6383 6384 6385 6386 6387 6388 6389 6390 6391
By unanimous consent the Senate proceeded 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
Senate Bill No.297
Senate Bill No.1085
Senate Bill No.1086
Senate Bill No.1094
The motion prevailed.
The following message from the Governor was received:
Date: September 1, 2006
Time: 8:00a.m.
To the President of the Senate:
Sir--I have this day approved and signed
Enrolled Senate Bill No.1362 (Public Act No.346), being
An act to amend 1980 PA 119, entitled "An act to prescribe a privilege tax for the use of public roads and highways of this state by motor carriers by imposing a specific tax upon the use of motor fuel within this state; to provide for certain credits against this tax and certain mechanisms for paying, collecting, and enforcing this tax; to provide for the licensing of motor carriers and for exemptions from licensure; to require the keeping and providing for the examination of certain reports; to provide review procedures for the assessment of the tax and revocation of a license; to impose certain duties upon and confer certain powers to certain state departments and agencies; to prescribe certain penalties for the violation of this act; and to make appropriations," by amending sections 2 and 4 (MCL 207.212 and 207.214), as amended by 2002 PA 667.
(Filed with the Secretary of State on September 1, 2006, at 8:32a.m.)
Respectfully,
Jennifer M. Granholm
Governor
The following message from the Governor was received and read:
August 31, 2006
I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to state office under Sections 302 and 902 of the Occupational Code, 1980 PA 299, MCL 339.302 and 339.902:
Collection Practices Board
Ms.Sharon L. McWhorter of 677 Selden #202, Detroit, Michigan 48201, county of Wayne, succeeding Harley Krapohl, whose term has expired, representing the general public, for a term commencing August 31, 2006 and expiring June 30, 2007.
Mr.James P. Hoppin of 2413 Hickory Glen Drive, Bloomfield Hills, Michigan 48304, county of Oakland, reappointed to represent professionals expiring June 30, 2009.
Sincerely,
Jennifer M. Granholm
Governor
The appointments were referred to the Committee on Government Operations.
Messages from the House
Senator Hammerstrom moved that consideration of the following bills be postponed for today:
Senate Bill No.435
Senate Bill No.640
The motion prevailed.
Senate Bill No.1047, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2005 PA 339.
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.
Senator Goschka entered the Senate Chamber.
House Bill No.4072, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.
The House of Representatives has substituted (H-2) the Senate substitute (S-2).
The House of Representatives has concurred in the Senate substitute (S-2) as substituted (H-2) and amended the title to read as follows:
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2006 PA 278.
Pursuant to rule 3.202, the bill was laid over one day.
Third Reading of Bills
The following bill was announced:
Senate Bill No.102, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 20d.
(This bill was read a third time on February 15, 2005, and consideration postponed. See Senate Journal No.11 of 2005, p. 133.)
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.636 Yeas--38
Allen Clarke Jelinek Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman Jacobs
Nays--0
Excused--0
Not Voting--0
In The Chair: Birkholz
The Senate agreed to the title of the bill.
The President, Lieutenant Governor Cherry, assumed the Chair.
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Hammerstrom moved that consideration of the following resolutions be postponed for today:
Senate Resolution No.71
Senate Concurrent Resolution No.53
The motion prevailed.
Senator Brown offered the following concurrent resolution:
Senate Concurrent Resolution No.54.
A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service.
Whereas, The Constitution of the State of Michigan of 1963 provides in Article XI, Section 5:
Increases in rates of compensation authorized by the commission may be effective only at the start of
a fiscal year and shall require prior notice to the governor, who shall transmit such increases to the
legislature as part of his budget. The legislature may, by a majority vote of the members elected to and
serving in each house, waive the notice and permit increases in rates of compensation to be effective at
a time other than the start of a fiscal year.
; and
Whereas, As a result of recently completed negotiations, a settlement has been reached on a three-year contract between the state and the Michigan State Police Troopers Association regarding compensation and other terms and conditions of employment. This settlement, which will be retroactive to its effective date of October 1, 2005, was reached past the time when the governor could transmit the increase as part of the budget; and
Whereas, The State Personnel Director, with the consent of the chair of the Civil Service Commission, granted interim approval of the collective bargaining agreement on July 24, 2006; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That, pursuant to Article XI, Section 5 of the Constitution of the State of Michigan of 1963, the Michigan Legislature waives the prior notice requirement to permit increases in rates of compensation for certain members of the Department of State Police as set in the contract settled between the Michigan State Police Troopers Association and the state and the Civil Service Commission; and be it further
Resolved, That copies of this resolution be transmitted to the Civil Service Commission.
Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senator Kuipers was named co-sponsor of the concurrent resolution.
Senators Gilbert, Kuipers, Van Woerkom, Garcia, Allen, Goschka, Cropsey and Toy offered the following resolution:
Senate Resolution No.160.
A resolution to urge the Michigan Department of Transportation (MDOT) to establish a 511 traveler information network in Michigan.
Whereas, The Federal Communications Commission designated, in 2000, 511 as a 3-digit telephone number that travelers can call for information on traffic and road conditions. If implemented in Michigan, information available via 511 would allow travelers to make informed decisions about travel routes and times based on knowledge about construction, weather conditions, and traffic congestion. Information could be easily accessible through a 511 system as the number is easy to remember and dial; and
Whereas, The 511 information system would be built on data that is already collected by the MDOT in Southeastern Michigan. Michigan's Intelligent Transportation System (ITS) is used to collect real-time freeway information on traffic congestion, accidents, and weather. Providing traffic information to the public via a 511 number is efficient and helps make the most of the information collected by the ITS; and
Whereas, Twenty-eight active 511 systems were in place as of May 31, 2006 and many of these are statewide systems, including Florida, Utah, Virginia, Minnesota, and Iowa. More than 54 million calls have been placed on 511systems nationwide since its inception. MDOT has studied the feasibility of implementing a 511 system in the Detroit metropolitan area and is currently working on an implementation plan; and
Whereas, A 511 system benefits both our state transportation system and travelers. Travelers gathering information from a 511 system use the roadway more efficiently, putting less strain on the transportation infrastructure. In addition, studies have shown that traffic moves more safely when a 511 system is available to drivers; now, therefore, be it
Resolved by the Senate, That we urge the Michigan Department of Transportation to establish a 511 traveler information network in Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the State Transportation Commission, the Director of the Michigan Department of Transportation, and Governor Granholm.
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 Transportation.
The motion prevailed.
Senator Switalski was named co-sponsor of the resolution.
Introduction and Referral of Bills
Senator Gilbert introduced
Senate Bill No.1395, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 310f.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senator Switalski introduced
Senate Bill No.1396, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5419 (MCL 700.5419).
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Switalski introduced
Senate Bill No.1397, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1180.
The bill was read a first and second time by title and referred to the Committee on Education.
Senator Kuipers introduced
Senate Bill No.1398, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 11a (MCL 380.11a), as amended by 2003 PA 299.
The bill was read a first and second time by title and referred to the Committee on Education.
Senators Johnson, Gilbert, Barcia, Stamas, Kuipers, Goschka, Leland and Basham introduced
Senate Bill No.1399, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 226a (MCL 257.226a), as amended by 2002 PA 642.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Jelinek, Bishop, Kuipers, Hardiman, Garcia, Allen, Gilbert, Cropsey, Van Woerkom, Goschka and McManus introduced
Senate Bill No.1400, entitled
A bill 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 amending section 2a (MCL 21.142a), as amended by 2002 PA 16.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Senators Garcia and Goschka introduced
Senate Bill No.1401, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2912i.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Goschka, Gilbert, Garcia and Barcia introduced
Senate Bill No.1402, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 512a (MCL 206.512a), as added by 2003 PA 28.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senators Goschka, Kuipers, Johnson, Gilbert, Garcia and Barcia introduced
Senate Bill No.1403, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 50c (MCL 750.50c), as amended by 2002 PA 672.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Goschka, Kuipers, Johnson, Gilbert, Garcia and Barcia introduced
Senate Bill No.1404, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 50c and 81d (MCL 750.50c and 750.81d), section 50c as amended by 2002 PA 672 and section 81d as added by 2002 PA 266.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Goschka, Kuipers, Johnson, Gilbert, Garcia and Barcia introduced
Senate Bill No.1405, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2000 PA 279.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Basham, Jacobs, Barcia and Brater introduced
Senate Bill No.1406, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 675e.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Basham, Jacobs, Jelinek, Scott, Garcia, Goschka, Barcia and Brater introduced
Senate Bill No.1407, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 2005 PA 318.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Birkholz, Brater and Jelinek introduced
Senate Bill No.1408, entitled
A bill to amend 1963 PA 42, entitled "An act to provide for the termination of dormant oil and gas interests in land owned by persons other than the owners of the surface and for the vesting of title to same in the surface owners in the absence of the filing of a notice of claim of interest within a specified period of time," by amending sections 1, 2, and 4 (MCL 554.291, 554.292, and 554.294).
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Brater, Birkholz and Jelinek introduced
Senate Bill No.1409, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 78i and 78k (MCL 211.78i and 211.78k), as amended by 2003 PA 263.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No.5033, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2003 PA 140.
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 and referred to the Committee on Agriculture, Forestry and Tourism.
House Bill No.5221, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8407 (MCL 600.8407), as amended by 1991 PA 192.
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 and referred to the Committee on Judiciary.
House Bill No.6098, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 1241; and to repeal acts and parts of acts.
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 and referred to the Committee on Banking and Financial Institutions.
House Bill No.6186, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 1074.
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 and referred to the Committee on Transportation.
House Bill No.6248, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 126.
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 and referred to the Committee on Banking and Financial Institutions.
Statements
Senator Scott asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Scott's statement is as follows:
Now we are back in session and I think it's time that we do something about insurance, making sure that people get affordable insurance.
I have an e-mail today. It says, "High insurance costs is just that, too costly. I paid off my 2001 truck this year and would really like to buy a new vehicle. Ford has some really nice cars and I would seriously consider purchasing, but insurance rates keep me from doing so. I refuse to pay $1,500 or more per year at my age for the insurance premiums quoted. Most new car insurance premiums are quoted well over $2,000 per year. When I was in Rock Island, Illinois, last summer for work, I priced a Toyota Camry insurance premium at $700 for full coverage per year. For my area Clinton Township, the premium would have been $2,400 per year. You can easily see why I did not buy a Toyota Camry. Thanks for your help in this matter."
This is just the tip of the iceberg. There are so many more people paying much more than that in Detroit. We pay the highest rates in the country. I think that it is unconscionable for us to continue not doing anything about insurance. Now it's time that we do something about it.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Subcommittee on the Department of Human Services submitted the following:
Joint meeting held on Wednesday, August 30, 2006, at 8:45a.m., House Appropriations Room, 3rd Floor, Capitol Building
Present: Senators Hardiman (C), George and Scott
Scheduled Meetings
Agriculture, Forestry and Tourism - Thursday, September 7, 9:00a.m., Room 110, Farnum Building (373-1635)
Appropriations - Wednesday, September 6, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building(373-2523)
Subcommittee -
Department of Human Services/House Department of Human Services Appropriations Subcommittee - Thursday, September 7, 8:30a.m., Room 426, Capitol Building (373-2768)
Banking and Financial Institutions - Thursday, September 7, 1:00p.m., Room 100, Farnum Building (373-2417)
Legislative Retirement Board of Trustees - Wednesday, September 6, 3:00p.m., Room H-252, Capitol Building (373-0575)
Natural Resources and Environmental Affairs - Tuesday, September 12, 3:00p.m., Room 110, Farnum Building (373-3447)
Senator Cropsey moved that the Senate adjourn.
The motion prevailed, the time being 12:51p.m.
The President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, September 6, 2006, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate