2007-SJ-02-27-016.htm

No. 16

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Tuesday, February 27, 2007.

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 Pappageorge--present

Anderson--present George--present Patterson--present

Barcia--present Gilbert--present Prusi--present

Basham--present Gleason--present Richardville--present

Birkholz--present Hardiman--present Sanborn--present

Bishop--present Hunter--present Schauer--present

Brater--present Jacobs--present Scott--present

Brown--present Jansen--present Stamas--present

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

Cherry--present Kahn--present Thomas--present

Clark-Coleman--present Kuipers--present Van Woerkom--present

Clarke--excused McManus--present Whitmer--present

Cropsey--present Olshove--present

Pastor Dennis Irish of Trinity United Methodist Church of Algonac offered the following invocation:

Holy God, we thank You for Your presence here. As servants of Your people, we ask, Lord, that You would give us Your wisdom; give us Your courage to make the right decisions. Be with us now through this day. Thank You, Father, for Your care.

Through Your Son's name we pray. Amen.

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

Motions and Communications

Senators Jacobs and Barcia entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:03a.m.

10:08a.m.

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

Senators Stamas, Bishop, Hardiman, Jansen, Garcia, Brown, Jelinek, Cassis, Van Woerkom, Kahn, Pappageorge, George, Birkholz and Allen entered the Senate Chamber.

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

The motion prevailed.

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

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

Senator Cropsey moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor, including the center aisle.

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

Recess

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

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

10:18a.m.

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

During the recess, Senator Cropsey introduced the Central Michigan University Football Team, 2006 Motor City Bowl Champions and Mid-American Conference Champions, and presented them with a Special Tribute.

Athletic Director Dave Heeke responded briefly.

The following communication was received and read:

Office of Senator Wayne Kuipers

February 27, 2007

As Chairman of the Senate Judiciary Committee, I have established the Subcommittee on Prison Reform and Public Safety at the directive of Senate Majority Leader Mike Bishop. The following members will serve on the subcommittee: Chairman Wayne Kuipers, Senator Alan Cropsey, Senator Bruce Patterson and Senator Mike Prusi.

Sincerely,

Wayne Kuipers

State Senator

30th District

The communication was referred to the Secretary for record.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

February 21, 2007

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 3:26p.m. this date, administrative rule (07-02-05) for the Department of Community Health, Director's Office, Entitled "Board of Pharmacy-Continuing Education." 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.

February 21, 2007

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 3:28p.m. this date, administrative rule (07-02-06) for the Department of Community Health, Director's Office, Entitled "Board of Pharmacy." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 21, 2007

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 3:30p.m. this date, administrative rule (07-02-07) for the Department of Community Health, Director's Office, Entitled "Board of Pharmacy-Controlled Substances." 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.

February 21, 2007

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 3:32p.m. this date, administrative rule (07-02-08) for the Department of Labor and Economic Growth, Director's Office, Entitled "Michigan Employment Security Board of Review." These rules take effect 7 days after filing with the Secretary of State.

February 21, 2007

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 3:34p.m. this date, administrative rule (07-02-09) for the Department of Labor and Economic Growth, Workers' Compensation Agency, Entitled "Workers' Compensation Agency-General Rules." These rules become effective 7 days after filing with the Secretary of State.

February 21, 2007

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 3:36p.m. this date, administrative rule (07-02-10) for the Department of Labor and Economic Growth, Worker's Compensation Board of Magistrates, Entitled "Board of Magistrates-General Rules." 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, February 22:

House Bill Nos. 4044 4045 4046

The Secretary announced that the following official bills were printed on Thursday, February 22, and are available at the legislative website:

Senate Bill Nos. 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264

House Bill Nos. 4305 4306 4307 4308

The Secretary announced that the following official bills and joint resolution were printed on Friday, February 23, and are available at the legislative website:

Senate Bill Nos. 265 266 267 268 269 270 271 272 273

Senate Joint Resolution B

House Bill Nos. 4309 4310 4311 4312 4313 4314 4315

Messages from the Governor

The following messages from the Governor were received and read:

February 22, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to state office under Section 2 of 1978 PA 389, MCL 400.1502:

Domestic Violence Prevention and Treatment Board

Ms.Candace S. Cowling of 1362 Buth Drive, N.E., Comstock Park, Michigan 49321, county of Kent, succeeding Gwendolyn Brown, whose term has expired, representing persons with experience in an area related to the problems of domestic violence, for a term commencing February 22, 2007 and expiring September 30, 2009.

The Honorable Edward Sosnick of 4585 Kirkcaldy, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding Marie L. Donigan, whose term has expired, representing persons with experience in an area related to the problems of domestic violence, for a term commencing February 22, 2007 and expiring September 30, 2009.

The Honorable Amy R. Krause of 415 LaSalle Boulevard, Lansing, Michigan 48912, county of Ingham, reappointed to represent persons with experience in an area related to the problems of domestic violence, for a term expiring September 30, 2009.

Ms.Mary Beth Kur of 9095 Mercer, Charlevoix, Michigan 49720, county of Charlevoix, reappointed to represent persons with experience in an area related to the problems of domestic violence, for a term expiring September 30, 2009.

February 22, 2007

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 21 of the State Housing Development Authority Act of 1966 PA 346, MCL 125.1421:

Michigan State Housing Development Authority

Mr.Keith W. Cooley of 6519 Crabapple Drive, Troy, Michigan 48098, county of Oakland, succeeding Robert W. Swanson, Jr., who has resigned, representing principal department heads of the executive branch of the state government, for a term commencing March 3, 2007 and expiring at the pleasure of the Governor.

February 22, 2007

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 pursuant to Section 2 of 1968 PA 1, MCL 10.72:

Michigan Women's Commission

Ms.Mary Alice Williams of 338 Auburn Avenue, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding Maria Ladas Hoopes, who has resigned, for a term commencing February 22, 2007 and expiring July 15, 2009.

February 23, 2007

I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following appointments to office under Sections 302 and 2002 of the Occupational Code, 1980 PA 299, MCL 339.302 and 339.2002:

Board of Professional Engineers

Mr.Mahmoud E. El-Gamal of 4713 Maura Lane, West Bloomfield, Michigan 48323, county of Oakland, succeeding Gregory C. Bovid, whose term has expired, representing professional engineers, for a term commencing February 23, 2007 and expiring March 31, 2009.

Mr.George Y. Karmo of 29888 Harrow Drive, Farmington Hills, Michigan 48331, county of Oakland, succeeding Stephen S. Miller, whose term has expired, representing professional engineers, for a term commencing February 23, 2007 and expiring March 31, 2010.

Mr.John G. Kraus of 2770 Alger, S.E., Grand Rapids, Michigan 49546, county of Kent, succeeding David E. Mester, whose term has expired, representing professional engineers, for a term commencing February 23, 2007 and expiring March 31, 2009.

Mr.Kevin F. Prihod of 605 Chicago Boulevard, Detroit, Michigan 48202, county of Wayne, succeeding Ronald V. Quackenbush, who has resigned, representing the general public, for a term commencing February 23, 2007 and expiring March 31, 2009.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations and Reform.

Resolutions

Senators Jacobs, Birkholz, Kuipers, Richardville, Hardiman, Garcia, Pappageorge, Clarke, George, Gleason, Sanborn, Van Woerkom, Brown, Schauer, Thomas, Hunter, Scott and Brater offered the following resolution:

Senate Resolution No.14.

A resolution to encourage the Governor to urge the Civil Service Commission to institute a wellness program that includes incentives for healthy behaviors for state employees.

Whereas, The general health of Michigan's citizens can be vastly improved, as the state ranks third in the nation for the prevalence of obesity, and 27 percent of Michigan high school students are overweight or at risk of becoming overweight. For example, in comparison to Colorado, a state that ranks high in measures of general wellness, Michigan citizens have a 31 percent greater chance of dying of cardiovascular disease than Colorado citizens. The percentage of Michigan adults who smoke is at 23 percent and is above the national average; and

Whereas, A portion of health care costs can be directly linked to the treatment of illness and disease that are the result of unhealthy behaviors. Twenty-five percent of health care costs are secondary to unhealthy behaviors and are therefore preventable. Over 80 percent of health care expenditures are for the treatment of people with one or more chronic diseases, some of which could have been prevented if people made and maintained healthier lifestyle choices. A growing body of evidence suggests unhealthy behavior is more likely to be altered in response to tangible incentives; and

Whereas, The Michigan Senate is undertaking efforts to implement a wellness component in its benefit plans offered to Senate members and employees; and

Whereas, The state of Michigan can lead the way to a healthier Michigan by offering state employees a wellness program that encourages participants to make lifestyle choices that promote or maintain good health. Michigan can succeed and learn from the experience gained in other innovative state programs to take the next steps in demonstrating the benefits of wellness; now, therefore, be it

Resolved by the Senate, That we urge the Governor to require the Civil Service Commission to institute a wellness program that includes incentives for healthy behaviors for state employees; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor.

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

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

The motion prevailed.

Senators Anderson, Cherry, Clark-Coleman and Switalski were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators Whitmer, Anderson, Hunter, Jacobs, Richardville, Cherry, Switalski, Schauer, Brater, Prusi, Garcia, Kahn and Clark-Coleman introduced

Senate Bill No.274, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2006 PA 508.

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

Senators Whitmer and Cherry introduced

Senate Bill No.275, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1307a (MCL 600.1307a), as amended by 2004 PA 12.

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

Senators Kahn, Richardville, Jelinek and Pappageorge introduced

Senate Bill No.276, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2004 PA 79.

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

Senators Richardville, Birkholz, Kuipers, Kahn, Hardiman, Pappageorge, George, Gleason, Sanborn, Brown, Thomas, Hunter and Scott introduced

Senate Bill No.277, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2005 PA 214, and by adding section 435.