No. 8

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2005

Senate Chamber, Lansing, Tuesday, February 8, 2005.

6:00p.m.

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

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

Allen--present Emerson--present Olshove--present

Barcia--present Garcia--present Patterson--present

Basham--present George--present Prusi--present

Bernero--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

Senator Michelle McManus of the 35th District offered the following invocation:

Dear Lord, open our minds and hearts to Your guidance, help us to fulfill Your will and to accomplish Your plans for a civilization of truth and justice of love and peace.

Democracy needs virtue. May our leaders in this chamber and throughout our nation govern morally.

Democracy requires selfless servants. May our leaders always have the courage to serve what is true and right.

Democracy demands responsibility. May our leaders promote freedom; freedom which respects moral truth, truth regarding the sanctity of life and the dignity of every person, truth regarding human rights and common good.

Display Your justice in our courts, Your wisdom in our government, Your guidance in our schools, and Your love in our homes. Amen.

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

Motions and Communications

Senators Hardiman and Allen entered the Senate Chamber.

Senator Hammerstrom moved that Senator Garcia be temporarily excused from today's session.

The motion prevailed.

The following communication was received:

Family Independence Agency

January 31, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following report:

Type of ReportFacilityReport #License #

Special Investigation Sequoyah Center 2005C0207005 CS470201401

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

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

Sincerely,

Marianne Udow

The communication was referred to the Secretary for record.

The Secretary announced that the following official bills were printed on Thursday, February 3, and are available at the legislative Web site:

Senate Bill Nos. 138 139 140 141 142 143 144 145 146 147 148 149 150 151

House Bill Nos. 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176

The Secretary announced that the following official bills and joint resolution were printed on Friday, February 4, and are available at the legislative Web site:

House Bill Nos. 4177 4178 4179 4180 4181 4182 4183 4184 4185 4186 4187 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211

House Joint Resolution D

The Secretary announced that the following official bills were printed on Monday, February 7, and are available at the legislative Web site:

Senate Bill Nos. 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174

Messages from the Governor

The following message from the Governor was received and read:

February 1, 2005

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Sections 16121 and 161421 of the Public Health Code, 1978 PA 368, MCL 333.16121 and MCL 333.16421:

Michigan Board of Chiropractic

Mr.Solomon L. Cogan, D.C., of 3890 Lakeland Lane, Bloomfield Hills, Michigan 48302, county of Oakland, succeeding Donna Craft, whose term has expired, representing chiropractors, for a term commencing February 1, 2005 and expiring December 31, 2008.

Sincerely,

Jennifer M. Granholm

Governor

The appointment was referred to the Committee on Government Operations.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Hammerstrom moved that rule 3.902 be suspended to allow guests admittance to the Senate floor.

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

Recess

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

The motion prevailed, the time being 6:06p.m.

6:20p.m.

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

During the recess, Senator Garcia entered the Senate Chamber.

Senator Hammerstrom moved that rule 3.902 be suspended to allow the House escort committee to use the center aisle.

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

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

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

Joint Convention

The Sergeant at Arms announced that a committee from the House of Representatives who, through Representatives Schuitmaker, Gonzales, Espinoza and Kooiman, reported that the House was ready to meet with the Senate in Joint Convention.

The President, Lieutenant Governor Cherry, announced that the hour had arrived for the meeting of the two Houses in Joint Convention.

Senator Hammerstrom moved that the Senate recess for the purpose of proceeding to the Hall of the House of Representatives for Joint Convention.

The motion prevailed, the time being 6:22p.m.

(For proceedings in Joint Convention, see House Journal No.6, p. 105.)

The Senate reconvened at the expiration of the recess at 8:08p.m. and was called to order by the Assistant President pro tempore, Senator Sanborn.

The Assistant President pro tempore, Senator Sanborn, announced that the Senate had attended the Joint Convention in the Hall of the House of Representatives and had received the State of the State message by Governor Granholm.

Committee Reports

The Committee on Education reported

Senate Bill No.77, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 2004 PA 351.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cassis, Van Woerkom, Clark-Coleman and Leland

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Thursday, February 3, 2005, at 2:00p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Cassis, Van Woerkom, Clark-Coleman and Leland

Scheduled Meetings

Agriculture, Forestry and Tourism - Thursday, February 10, 9:00a.m., Room 110, Farnum Building (373-1635)

Appropriations - Thursday, February 10, 1:00p.m. or later immediately following Joint Senate/House Appropriations Committee meeting, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Subcommittee -

Capital Outlay - Thursday, February 10, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Appropriations, Joint Senate/House - Thursday, February 10, 12:00 noon, House Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Commerce and Labor - Wednesday, February 9, 4:00p.m., Room 100, Farnum Building (373-2413)

Health Policy - Wednesday, February 9, 1:00p.m., Rooms 402 and 403, Capitol Building (373-3543)

Local, Urban and State Affairs - Thursday, February 10, 1:00p.m., Room 110, Farnum Building (373-1707)

Technology and Energy - Wednesday, February 9, 3:00p.m., Room 210, Farnum Building (373-7350)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 8:09p.m.

The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Wednesday, February 9, 2005, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate