2006-SJ-03-02-021.htm

No. 21

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Thursday, March 2, 2006.

10:00a.m.

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

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

Allen--present Garcia--present Olshove--present

Barcia--present George--present Patterson--present

Basham--present Gilbert--present Prusi--present

Birkholz--present Goschka--present Sanborn--present

Bishop--present Hammerstrom--present Schauer--present

Brater--excused Hardiman--present Scott--present

Brown--present Jacobs--present Sikkema--present

Cassis--present Jelinek--present Stamas--present

Cherry--present Johnson--present Switalski--present

Clark-Coleman--present Kuipers--present Thomas--excused

Clarke--present Leland--excused Toy--present

Cropsey--present McManus--present Van Woerkom--present

Emerson--present

Pastor Steven Lang of Hope Bible Baptist Church of Maple Rapids offered the following invocation:

Father, we come before You today and, Lord, we ask that You would give us Your wisdom in the work that these men and women have to do today. Father, we pray that they would recognize how important their job is to our state. Lord, I would pray that You would just fill their hearts. Lord, may they listen to Your Spirit. I pray, Father, that they would bring honor and glory to You in everything that is done here today.

We ask this now in Jesus' name. Amen.

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

Motions and Communications

Senators Birkholz, Emerson and Basham entered the Senate Chamber.

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

Senate Bill No.246

Senate Bill No.318

The motion prevailed.

Senator Hammerstrom moved that Senators Brown, George, Garcia and Johnson be temporarily excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that the Committee on Government Operations be discharged from further consideration of the following appointment:

Children's Ombudsman

Ms.Verlie M. Ruffin of 18010 Muirland, Detroit, Michigan 48221, county of Wayne, succeeding Lynn Martinez, who has resigned, designated to serve as Children's Ombudsman, for a term commencing January 30, 2006 and expiring at the pleasure of the Governor.

The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor.

Senator Schauer moved that Senators Thomas, Brater and Leland be excused from today's session.

The motion prevailed.

Senators Brown, Garcia, George and Johnson entered the Senate Chamber.

The following communication was received:

Department of Environmental Quality

March 1, 2006

In accordance with the provisions of Subsection 11550(6) of Part 115, Solid Waste Management, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, attached for your information is a copy of the Department of Environmental Quality's (DEQ) Report of Activities Funded by the Staff Account of the Solid Waste Management Fund for FY 2005.

If you have any questions, please contact George W. Bruchmann, Chief, Waste and Hazardous Materials Division, at 517-373-9523, or you may contact me.

Steven E. Chester

Director

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, March 1:

House Bill Nos. 4171 4423 5114 5630 5631

The Secretary announced that the following official bills were printed on Wednesday, March 1, and are available at the legislative website:

Senate Bill Nos. 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104

House Bill Nos. 5756 5757 5758 5759 5760 5761 5762 5763 5764 5765 5766 5767 5768

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

The motion prevailed.

The following message from the Governor was received and read:

March 1, 2006

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 6 of the Michigan Tobacco Settlement Finance Authority Act, 2005 PA 226, MCL 129.266:

Michigan Tobacco Settlement Finance Authority Board of Directors

Ms.Charlotte P. Edwards of 1624 Broad Court, Flint, Michigan 48503, county of Genesee, appointed to represent individuals with knowledge, skill, or experience in the business or financial fields, for a term commencing March 1, 2006 and expiring December 15, 2009.

Sincerely,

Jennifer M. Granholm

Governor

The appointment was referred to the Committee on Government Operations.

Children's Ombudsman

Senator Hammerstrom moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the appointment to office, a majority of the members serving voting therefor, as follows:

Roll Call No.105 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

The motion prevailed.

Senator Hardiman's statement is as follows:

I rise to speak in support of confirming Ms.Verlie Ruffin to the post of Children's Ombudsman. The Children's Ombudsman Act requires the Governor to appoint an individual qualified by training and experience to perform the duties and exercise the powers of the Children's Ombudsman office. Ms.Ruffin has the training and experience to do just that.

The Families and Human Services Committee reviewed her record. She has a long career in issues and situations related to children and their welfare. Ms.Ruffin is the first appointee to the Children's Ombudsman to require the advice and consent of the Senate to serve. This action is not a reflection on her, but on the amendments to the state law which we passed to elevate the importance of the position. Recent tragic events in Michigan underscore the serious issues which the ombudsman's office confronts. We would rather those events never happen, but our duty as policymakers is to have vigilant oversight and effective responses to those tragedies. Ms.Ruffin has a strong background in these issues and a vision for using the office of the Children's Ombudsman to hopefully improve the safety and security of children across our state.

Mr.President, through you to my Senate colleagues, I am excited about Ms.Ruffin taking this position. I believe that we are going to work well together, and I believe the children of this state will be better off for it. The Families and Human Services Committee strongly supported her appointment, and I hope the full Senate will do so as well.

Senator Clark-Coleman's statement is as follows:

I rise in strong support of the nomination of Verlie Ruffin for the Children's Ombudsman. The office of the Children's Ombudsman is an independent government agency that works to assure the safety and welfare of Michigan's children, those who are in need of foster care, who are in need of adoption, and those who are in need of protective services. The office independently investigates complaints, advocates for children, and recommends changes to improve law, policy, and practices that benefit the children's welfare.

I tell you, Ms.Ruffin--after reading her resume and speaking with her--appears to be a perfect fit for this office, as she has dedicated her life's work to helping those in need; of those vulnerable children and families. As associate director for the Michigan Federation for Children and Families for over 20 years, she served as a strong voice for children and families. She influences public policy in support of programs which promote safe and secure children for families and individuals.

Ms.Ruffin worked to promote the necessary public and private resources to assist Michigan's children, families, and individuals in reaching their highest potential. I certainly look forward to working with her as she continues to focus her many talents on keeping the children of Michigan safe. I believe that Verlie Ruffin is an excellent choice for this position. I ask my colleagues on both sides of the aisle to join me in voting for her confirmation.

Senator Scott's statement is as follows:

I rise this morning in very strong support of Ms.Verlie M. Ruffin as the Children's Ombudsman. It has been established what the office is all about, so I just simply want to say that I know that she will be an excellent ombudsman for the children.

I've known of her past work and immediately, when I heard that the Governor had made the appointment, I sent her a congratulatory note because I know of her past work that she is an excellent choice.

Thank you and I would hope that my colleagues would give her support.

Senator Clarke's statement is as follows:

I give my highest recommendation for Verlie Ruffin to serve as our Children's Ombudsman. She's got a great work history. She's done outstanding work as an associate director for the Michigan Federation for Children and Families and also based on her long tenure at Lutheran Social Services of Michigan. She's an outstanding pick. She's a great person as well, very actively involved in her community and in her church in metro Detroit.

So, again, I would recommend Verlie Ruffin to serve as our state's Children's Ombudsman.

Messages from the House

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

Senate Bill No.932

The motion prevailed.

Senate Bill No.959, entitled

A bill to amend 1990 PA 345, entitled "State survey and remonumentation act," by amending section 11 (MCL 54.271).

The House of Representatives has amended the bill as follows:

1. Amend page 2, following line 6, by striking out all of subsection (5) and inserting:

"(5) IN ADDITION TO ANY OTHER APPROPRIATION, IT IS THE INTENT OF THE LEGISLATURE THAT THIS STATE APPROPRIATE AN AMOUNT FROM THE GENERAL FUND TO THE FUND EQUAL TO THE DIFFERENCE BETWEEN THE AMOUNT DEPOSITED INTO THE FUND IN THE FISCAL YEAR AND THE FOLLOWING AMOUNTS FOR THE FOLLOWING FISCAL YEARS:

(A) $10,134,000.00 IN THE 2005-2006 FISCAL YEAR.

(B) $11,134,000.00 IN THE 2006-2007 AND THE 2007-2008 FISCAL YEARS.

(6) SUBSECTION (5) ONLY APPLIES IF THE AMOUNT DEPOSITED INTO THE FUND IS LESS THAN $10,134,000.00 IN THE 2005-2006 FISCAL YEAR AND $11,134,000.00 IN THE 2006-2007 AND THE 2007-2008 FISCAL YEARS.".

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.

Third Reading of Bills

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

House Bill No.5315

House Bill No.5316

House Bill No.5317

House Bill No.5318

House Bill No.5319

House Bill No.5320

House Bill No.5321

House Bill No.5323

Senate Bill No.868

Senate Bill No.870

Senate Bill No.872

Senate Bill No.875

Senate Bill No.908

The motion prevailed.

The following bill was read a third time:

House Bill No.5315, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 735 (MCL 450.1735), as amended by 1997 PA 118.

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.106 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

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

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

"An act to provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5316, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 823 (MCL 450.1823), as amended by 1989 PA 121.

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.107 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5317, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 611 (MCL 450.1611), as amended by 1997 PA 118.

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.108 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5318, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 528 (MCL 450.1528), as amended by 1997 PA 118.

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.109 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5319, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 441 (MCL 450.1441), as amended by 1989 PA 121.

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.110 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5320, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 442 (MCL 450.1442).

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.111 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5321, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 143 (MCL 450.1143), as amended by 2001 PA 57.

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.112 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5323, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 106, 261, and 489 (MCL 450.1106, 450.1261, and 450.1489), sections 106 and 489 as amended by 2001 PA 57 and section 261 as amended by 1993 PA 91.

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.113 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

Senate Bill No.868, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 78 and 78m (MCL 211.78 and 211.78m), section 78 as added by 1999 PA 123 and section 78m as amended by 2003 PA 263.

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.114 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.870, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 14 and 15 (MCL 247.664 and 247.665), section 14 as amended by 1987 PA 234 and section 15 as amended by 1999 PA 50.

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.115 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.872, entitled

A bill to amend 1963 (2nd Ex Sess) PA 43, entitled "An act to provide for public hearings on budgets of local units of government," by amending section 3 (MCL 141.413).

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.116 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.875, entitled

A bill to amend 1943 PA 20, entitled "An act relative to the investment of funds of public corporations of the state; and to validate certain investments," by amending section 1 (MCL 129.91), as amended by 1997 PA 196.

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.117 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.908, entitled

A bill to amend 2003 PA 238, entitled "Michigan notary public act," by amending section 27 (MCL 55.287); and to repeal acts and parts of acts.

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.118 Yeas--34

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George McManus Stamas

Brown Gilbert Olshove Switalski

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman

Nays--0

Excused--3

Brater Leland Thomas

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

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 Bishop 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 with a substitute therefor, the following bill:

House Bill No.5675, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and 1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g, 380.1535a, and 380.1539b), section 1230 as amended and section 1230c as added by 2005 PA 129, section 1230a as amended by 2005 PA 138, section 1230d as added by 2005 PA 131, and section 1230g as added and sections 1535a and 1539b as amended by 2005 PA 130, and by adding section 1230h.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill:

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 following is the amendment recommended by the Committee of the Whole:

1. Amend page 4, line 3, after the first "THE" by striking out the balance of the line through "2004." on line 4 and inserting "LOCAL GOVERNMENTAL UNIT IN JULY 2004 APPROVED A RESOLUTION FOR A NEIGHBORHOOD ENTERPRISE ZONE.".

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No.1035, entitled

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

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No.5494, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending the title and sections 5, 7, 9, 10, 10a, 11, 21, 23, 25, 27, 29, 31, 33, 39, 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70, and 73 (MCL 257.1805, 257.1807, 257.1809, 257.1810, 257.1810a, 257.1811, 257.1821, 257.1823, 257.1825, 257.1827, 257.1829, 257.1831, 257.1833, 257.1839, 257.1841, 257.1843, 257.1849, 257.1851, 257.1853, 257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and 257.1873), sections 5, 7, 10, and 10a as amended by 2000 PA 49, section 23 as amended by 1990 PA 322, section 33 as amended by 2001 PA 130, section 49 as amended by 1994 PA 309, section 53 as amended by 2004 PA 131, section 55 as amended by 2004 PA 231, and section 57 as amended by 1996 PA 170; and to repeal acts and parts of acts.

Substitute (S-1).

The following is the amendment to the substitute recommended by the Committee of the Whole:

1. Amend page 19, following line 1, by inserting:

"Enacting section 3. This amendatory act takes effect August 15, 2006.".

The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

Resolutions

Senators Garcia, Birkholz, Cropsey, Jelinek, Goschka and Switalski offered the following resolution:

Senate Resolution No.100.

A resolution to encourage the Michigan Department of Education and school districts to educate teachers and administrators on the dangers of methamphetamine so they may teach our students to avoid this growing community scourge.

Whereas, Methamphetamine is a highly addictive central nervous system stimulant. It is the most widely used and illegally produced synthetic drug in the United States. So-called "meth labs" utilizing inexpensive and easily acquired legal ingredients can be quickly set up virtually anywhere. Urban and rural communities are struggling to cope with the health, crime, societal, and even environmental impacts of methamphetamine production and addiction; and

Whereas, Although the Michigan State Legislature has strengthened our laws to combat this deadly drug, stopping and arresting the dealers and producers must be part of a broader effort to prevent our people from succumbing to this highly addictive drug. Our schools must have a role to play in educating our young people about the dangers of methamphetamine in order to keep them from starting down this dark road to addiction and crime; and

Whereas, School districts are encouraged to teach students about the dangerous and damaging health risks associated with the production of methamphetamine and the hazardous environment created when producing methamphetamine. The Michigan Department of Education should develop a model instructional program that may be used by school districts in relaying this information to their students. The model program should include the health risks of using, abusing, and producing methamphetamine, the immediate addictive quality of methamphetamine, and other extreme and dangerous consequences that result from exposure to methamphetamine and its production; and

Whereas, As part of a multi-layered approach that includes law enforcement efforts and prevention, we must recognize that some of our young people will become victimized by either using the drug or by being exposed to methamphetamine production. We must be able to help these children early before the damage is too deeply and permanently felt. The Michigan Department of Education should instruct teachers annually on identifying children who have been exposed to methamphetamine production or who are using the drug themselves; now, therefore, be it

Resolved by the Senate, That we encourage the Michigan Department of Education and school districts to educate teachers and administrators on the dangers of methamphetamine so they may teach our students to avoid this growing community scourge; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Education.

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 Education.

The motion prevailed.

Senators Bishop, Brown, Cherry, Clarke, Gilbert, Hardiman and Schauer were named co-sponsors of the resolution.

Senators Jelinek, Birkholz and Cropsey offered the following resolution:

Senate Resolution No.101.

A resolution to memorialize the United States Congress to provide flexible funding to help states and local communities clean up and deal with the disastrous effects of clandestine methamphetamine labs.

Whereas, There is a meth epidemic in the United States, and it is having a devastating effect on our country. Meth abuse is causing social, economic, and environmental problems. Children residing in homes with meth labs live in danger and often suffer from neglect and abuse. Meth production costs citizens and governments millions of dollars for a variety of reasons, including law enforcement costs, drug treatment for offenders, cleanup of production sites, and placement of endangered children; and

Whereas, Meth labs leave behind a toxic mess of chemicals and pose a significant danger to communities. The manufacture of one pound of methamphetamine results in six pounds of waste. These wastes include corrosive liquids, acid vapors, heavy metals, solvents, and other harmful materials that can disfigure skin or cause death. Hazardous materials from meth labs are typically disposed of illegally and may cause severe damage to the environment; and

Whereas, Between 1992 and 2004, the number of clandestine meth lab-related cleanups increased from 394 to over 10,000 nationwide. The cost of cleaning up clandestine labs in FY 2004 was approximately $17.8 million; and

Whereas, States and local governments are bearing the burden of funding the clean up efforts. Many local communities are finding and seizing meth labs. But the lab sites remain dangerous to the public because neither the state or the local community has adequate funding to clean them up; and

Whereas, Federal funding that is supposed to help states and local communities bear the burden of cleaning up meth labs is narrowly crafted and many states and local communities are finding it difficult to qualify; and

Whereas, Federal legislation, such as the Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production (CLEAN-UP) of Methamphetamines Act, introduced in the United States House of Representatives, and the Combat Meth Act of 2005, introduced in the United States Senate, contain funding for meth lab cleanup; now, therefore, be it

Resolved by the Senate, That we memorialize the United States Congress to provide funding for meth lab clean up and ensure that the criteria to qualify for the funds is broad enough that states and local communities in the midst of the meth epidemic can access the funds; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Senator Hammerstrom moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Health Policy.

The motion prevailed.

Senators Bishop, Brown, Cherry, Clarke, Gilbert, Goschka, Hardiman, Schauer and Switalski were named co-sponsors of the resolution.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Scott, Sanborn and Cropsey asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Scott's statement is as follows:

I have several from my website today. They are very short. This one is from Detroit. "Insurance rates are too high. Perhaps if through our collective research we find an insurance company willing to provide reasonable rates, we could share that information with others."

Another one from Detroit. "I agree that something needs to be done about the high cost of auto and homeowners or renters insurance for people living in Detroit. As a single mother, it is difficult to maintain auto insurance on my vehicle at the rate of $2,600; $3,100 every six months that I have been quoted in the past. Any help on this issue would be greatly appreciated."

This one comes from Oak Park. "I live in Oak Park and I can't believe how much car and home insurance are currently costing me, about $4,000 a year, the last time I checked. It will probably go up again in November. I moved two and a half blocks from where I used to live in Huntington Woods to a smaller, less expensive house and I'm driving a five-year-old car, but my insurance rates went up."

Another one from Detroit. "It is awful that we live in the poorest city in the nation and pay the highest prices for insurance in the nation. We have three cars in our household and we pay in excess of $3,000 every six months. This is unbearable. I can remember being stationed in Hawaii and the insurance for my car and truck were $1,200 a year. We're talking about the highest cost of living in the nation, but I come home and I'm held hostage to the unbearable prices."

Senator Sanborn's statement is as follows:

First of all, I would like to thank the chairmen of the Senate Judiciary Committee and the House Judiciary Committee for putting together a hearing on such short notice to investigate what went wrong with regard to the murders that occurred in my district.

Again, I thank Chairman Cropsey for putting together a hearing on such short notice. But, Mr.Chairman, one hour is not sufficient. It was helpful, but it's not sufficient. There are too many unanswered questions. The director indicates that she's already reshaping policy, but, Mr.Chairman, reshaping a policy that was not even followed is not sufficient.

Mr.Chairman, the voices of my murdered constituents, Scott and Melissa Berels and their unborn baby, these voices cry out. Mr.Chairman, the voices of their families cry out. The voices of Macomb County ask me not to let their murders be forgotten. A one-hour hearing on short notice is not sufficient to answer these questions.

Please, Mr.Chairman, look into this. Ask the tough questions. Demand to see the file. Don't be told that we're not going to make certain information available. I assure you, there were indicators this did not have to happen. Please give us additional hearings, Mr.Chairman.

Senator Cropsey's statement is as follows:

I want to assure Senator Sanborn that there will be an additional hearing. The Department of Corrections has told us that it would take about two weeks to conclude their investigation. We will be scheduling a hearing immediately after that investigation is concluded. There were unanswered questions, and we will take ample time at our next hearing to make sure that all questions are asked and get answers to all the questions.

The Senator from Macomb County has my commitment on that. The Senator from Genesee County, who also had a constituent who was murdered in this crime spree, you also have my commitment on that. If there are answers anywhere, we will go wherever we have to go to get those answers. People will be held accountable by this Legislature.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Birkholz introduced

Senate Bill No.1107, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 183 (MCL 560.183), as amended by 2004 PA 122.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senator Gilbert introduced

Senate Bill No.1108, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending the title and section 19 (MCL 29.19), the title as amended by 1984 PA 314 and section 19 as amended by 1998 PA 45.

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

Senator Gilbert introduced

Senate Bill No.1109, entitled

A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by repealing section 124 (MCL 207.1124).

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

Senators Garcia, Toy, Hammerstrom, Goschka, Hardiman, Barcia, Cassis, Cropsey and Birkholz introduced

Senate Bill No.1110, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 2a of chapter XI (MCL 771.2a), as amended by 2005 PA 126.

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

Senators Brown, Hammerstrom, Cropsey, Jelinek, Birkholz, Sikkema, Goschka, George, Sanborn, Patterson, Cassis, McManus, Allen, Bishop, Johnson and Van Woerkom introduced

Senate Bill No.1111, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2005 PA 267.

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

Senators Birkholz, George, Hardiman, Cropsey, Jelinek, Stamas, Kuipers, Hammerstrom, Goschka, Garcia, Cassis, Brown, Patterson, Van Woerkom, Allen and Gilbert introduced

Senate Bill No.1112, entitled

A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 85a (MCL 125.485a), as added by 2003 PA 307.

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

Senators George, Birkholz, Hardiman, Cropsey, Jelinek, Stamas, Kuipers, Hammerstrom, Goschka, Garcia, Cassis, Toy, Bishop, Patterson, Van Woerkom, Allen and Gilbert introduced

Senate Bill No.1113, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12103 (MCL 333.12103), as amended by 1985 PA 17.

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

Senators Brown, Birkholz, Cropsey, Jelinek and Kuipers introduced

Senate Bill No.1114, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20101 (MCL 324.20101), as amended by 1996 PA 383.

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

Senators George, Birkholz, Allen, Van Woerkom, Goschka, Cropsey and Jelinek introduced

Senate Bill No.1115, entitled

A bill to prescribe certain duties of the department of state police with respect to certain illegal drug manufacturing laboratories.

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

Senators Hardiman, Birkholz, Cropsey, Jelinek, Stamas, Hammerstrom, Goschka, Garcia, Cassis, George, Brown, Patterson, Van Woerkom, Allen and Kuipers introduced

Senate Bill No.1116, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 3 and 8 (MCL 722.623 and 722.628), section 3 as amended by 2002 PA 693 and section 8 as amended by 2004 PA 195.

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

Senators Gilbert, Birkholz and Kuipers introduced

Senate Bill No.1117, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8b (MCL 722.628b), as amended by 1998 PA 484.

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

Senators Hammerstrom, Cropsey, Jelinek and Hardiman introduced

Senate Bill No.1118, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 18 (MCL 722.638), as amended by 1998 PA 428.

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

Senators Van Woerkom and Cropsey introduced

Senate Bill No.1119, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2975.

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

House Bill No.4171, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5739 (MCL 600.5739).

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.4423, entitled

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales; to regulate certain telephone solicitation; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and remedies," by amending section 1c (MCL 445.111c), as added by 2002 PA 612.

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 Technology and Energy.

House Bill No.5114, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 52706 (MCL 324.52706), as amended by 2004 PA 377.

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.5630, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5112.

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 Health Policy.

House Bill No.5631, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2253 (MCL 333.2253).

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 Health Policy.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Joint meeting held on Tuesday, February 28, 2006, at 12:00 noon, House Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Cropsey (C), Bishop, Sanborn, Patterson, Schauer, Emerson and Brater

COMMITTEE ATTENDANCE REPORT

The Committee on Gaming and Casino Oversight submitted the following:

Meeting held on Wednesday, March 1, 2006, at 1:00p.m., Room 210, Farnum Building

Present: Senators Allen (C), Bishop, Birkholz, Olshove and Emerson

COMMITTEE ATTENDANCE REPORT

The Committee on Senior Citizens and Veterans Affairs submitted the following:

Meeting held on Wednesday, March 1, 2006, at 1:00p.m., Room 100, Farnum Building

Present: Senators Toy (C), Gilbert and Clark-Coleman

Excused: Senators Stamas and Olshove

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Wednesday, March 1, 2006, at 1:07p.m., Room 110, Farnum Building

Present: Senators Cassis (C), Garcia, McManus, Thomas and Brater

COMMITTEE ATTENDANCE REPORT

The Committee on Technology and Energy submitted the following:

Meeting held on Wednesday, March 1, 2006, at 3:00p.m., Room 210, Farnum Building

Present: Senators Patterson (C), Kuipers, Birkholz, Brown, Cassis, Olshove, Leland and Thomas

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees submitted the following:

Meeting held on Wednesday, March 1, 2006, at 3:00p.m., Room H-252, Capitol Building

Present: Senator Hammerstrom

Excused: Senator Leland

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Natural Resources submitted the following:

Meeting held on Wednesday, March 1, 2006, at 3:30p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators McManus (C), Johnson, Jelinek, Barcia and Cherry

Scheduled Meetings

Appropriations -

Subcommittees -

Community Colleges, Joint Senate/House - Tuesday, March 7, 3:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Community Health Department - Tuesday, March 14, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-7946)

Environmental Quality Department - Tuesdays, March 7 and March 14, 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Higher Education - Friday, March 3, 10:00a.m., Kettering University, Campus Center, Room A, 1700 W. Third Avenue, Flint; and Monday, March 13, Saginaw Valley State University, Curtiss Hall, Emeriti Room, University Drive, University Center (373-1760)

Judiciary and Corrections - Tuesdays, March 7 and March 14, 3:00p.m., Room 402, Capitol Building (373-3760)

K-12, School Aid, Education - Thursday, March 9, 12:30p.m., Rooms 402 and 403, Capitol Building; and Monday, March 20, 10:00a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-6960)

Natural Resources Department - Wednesdays, March 8 and March 15, 3:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Transportation Department - Tuesdays, April 18, April 25, May 2, May 9, May 16 and May 23, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Education - Friday, March 3, 10:00a.m., Macomb ISD, 44001 Garfield Road, Clinton Township and 3:00p.m., Port HuronHigh School, 2215 Court Street, Port Huron; Monday, March 6, 1:00p.m., Marquette Senior High School, 1203 W. Fair Avenue, Marquette; and Tuesday, March 7, 6:00p.m., Milan High School, 200 Big Red Drive, Milan (373-6920)

Government Operations - Wednesday, March 15, 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0797)

Health Policy - Wednesday, March 8, 1:00p.m., Rooms 402 and 403, Capitol Building (373-3543)

Judiciary - Tuesday, March 7, 1:00p.m., Room 210, Farnum Building (373-3760)

Natural Resources and Environmental Affairs - Tuesday, March 7, 3:00p.m., Room 110, Farnum Building (373-3447)

Transportation - Tuesday, March 7, 1:00p.m., Room 110, Farnum Building (373-7708)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 11:10a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, March 7, 2006, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate