2007-SJ-03-20-025.htm

No. 25

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Tuesday, March 20, 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--excused 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--present McManus--present Whitmer--present

Cropsey--present Olshove--present

Pastor Anne Schaefer of Celtic Cross Presbyterian Church of Warren offered the following invocation:

O mighty God, You give us the changes of the seasons so that we might always know of Your constant presence with us. You give us the gift of years so that we might grow in wisdom and compassion. With each moment of each hour of each day, we are reminded of Your greatness in so many ways. We are always amazed at the fact that You can be so grand and majestic, so as to watch over all of the universe and make the oceans even flow, and at the same time, sit with us at times like this at meetings by giving us ears to hear and minds to learn.

We give You thanks for the accomplishments of those gathered in this room. We give You thanks for the blessings in this hour and for the tradition that we share, and now continue us in that same manner of wisdom and tradition. Amen.

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

Motions and Communications

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

The motion prevailed.

Senator Cassis asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.

The motion prevailed.

Senator Cassis' statement is as follows:

I rise today with a heavy heart. Today we pay tribute to Marine Corporal Mark Kidd, who put on his uniform to defend and fight for his country in a very distant land--Iraq. We also want to celebrate the short but very impressive life of a handsome, bright, and intelligent man who loved his family and cherished our American heritage--a smart, inquisitive student and a historian.

Mark planned on pursuing studies in international law. Beyond that, he was the beloved son of caring parents, Frank and Janet Kidd of Milford, and the proud grandson of Joseph and Wanda Kidd of Milford, and Dan and Hulda Piercecchi of Livonia. Very importantly, Mark was extremely close to and admired by his brother Matt. Matt, his dad Frank, and Mark Piercecchi, his uncle, are here with us today. This is a family whose love and devotion to country truly knows no bounds; parents who had no illusion of the safety and combat, yet offered their offspring for the ultimate cause. God bless you.

Religion played a very central role in Mark's life as a member of Cornerstone Presbyterian Church. Strong faith grounded him on several active tours of duty and gave him strength.

On January 25 of this year, Mark made the ultimate sacrifice, losing his life protecting freedoms that he so cherished in the hellhole known as Anbar province, Iraq. As our tears dry for Mark and for all the young men and women who have given their lives or who today are in harm's way, let us persevere. Let us remind and always remain memorable of the devout, the bravery, the fortitude, and the devotion of these fine Americans. Their lives will not be in vain. Their memories will sustain us.

This special tribute is signed by myself and Representative Christopher Ward.

A moment of silence was observed in memory of Marine Corporal Mark Kidd.

Senator Kuipers entered the Senate Chamber.

The following communication was received:

Unemployment Insurance Agency

February 28, 2007

In accordance with Section 8 of the Michigan Employment Security Act, being Section 421.8 of the Michigan Compiled Laws, the Unemployment Insurance Agency is required to report annually to the Governor and the Legislature any amount, in excess of $1.00, that the maximum weekly unemployment benefit rate would increase if the annual increase in the United States Department of Labor's Consumer Price Index (CPI) were applied to the maximum weekly benefit rate.

I am therefore transmitting to the Governor, and to the House and Senate for publication along with this letter in the Journals of their respective bodies, the enclosed report showing that since the last increase in the maximum weekly benefit rate to $362.00, the increase in the CPI would result in an increase in the maximum weekly unemployment benefit rate to $411.81. Using the method of applying a percentage of the state average weekly wage, the maximum weekly benefit rate would increase to $465.84.

Respectfully submitted,

Liza Estlund Olson

Acting Director

The message was referred to the Secretary for record.

The following communication was received:

Department of Human Services

March 12, 2007

Pursuant to Section 1002 of P.A. 345 of FY 2006, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Special Investigation Reports Adrian Training School 2007C0212012 CS460200931

2007C0212014

Renewal Adrian Training School CS460200931

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

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 message was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 15:

House Bill Nos. 4167 4168 4189 4285 4327 4441

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, March 15, for her approval the following bills:

Enrolled Senate Bill No.166 at 2:11p.m.

Enrolled Senate Bill No.184 at 2:13p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Monday, March 19, for her approval the following bill:

Enrolled Senate Bill No.176 at 11:33a.m.

The Secretary announced that the following official bills and joint resolution were printed on Thursday, March 15, and are available at the legislative website:

House Bill Nos. 4459 4460 4461 4462 4463 4464 4465 4466

House Joint Resolution F

The Secretary announced that the following official bills were printed on Friday, March 16, and are available at the legislative website:

Senate Bill Nos. 351 352 353 354 355 356

House Bill Nos. 4467 4468 4469 4470 4471 4472 4473 4474 4475 4476

Messages from the Governor

The following messages from the Governor were received and read:

March 16, 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 4 of the Child Abuse and Neglect Prevention Act, 1982 PA 250, MCL 722.604:

State Child Abuse and Neglect Prevention Board

Ms.Renee T. Farhat of 6069 Skyline Drive, East Lansing, Michigan 48823, county of Ingham, succeeding TeressaV. Staten, whose term has expired, representing the general public, for a term commencing March 16, 2007 and expiring December 19, 2008.

March 19, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointment to state office under Section 20 of the Michigan Boxing Regulatory Act, 2004 PA 403, MCL 338.3620:

Michigan Boxing Commission

Mr.Kevin D. Moore of 26250 Tennant Street, Dearborn Heights, Michigan 48127, county of Wayne, reappointed to represent the general public, for a term expiring February 19, 2011.

Sincerely,

Jennifer M. Granholm

Governor

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

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Cropsey 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 Clarke as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:

Senate Bill No.307, entitled

A bill to provide for the levy, assessment, and collection of an excise tax on certain services; to provide exemptions; to appropriate the proceeds; to prescribe certain powers and duties of certain state departments; and to prescribe penalties.

The bill 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.69, entitled

A bill to provide for the establishment of a neighborhood improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

Substitute (S-2).

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.

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No.28

The resolution consent calendar was adopted.

Senator Patterson offered the following resolution:

Senate Resolution No.28.

A resolution proclaiming March as Hemophilia Awareness Month in the state of Michigan.

Whereas, Hemophilia is the name of several hereditary genetic illnesses that impair the body's ability to control bleeding; and

Whereas, Hemophilia is defined as excessive, uncontrollable bleeding because of the missing or low-level clotting factor in the blood; and

Whereas, Bleeding may occur even when there is no injury and most often occurs in the joints and in the head; and

Whereas, There are approximately 20,000 U.S. citizens with hemophilia, and each year approximately 400 babies are born with the disease; and

Whereas, Hemophilia affects males almost exclusively--1 in 7,000--and is found in all populations; and

Whereas, There is no cure for hemophilia. It is a lifelong condition that can be controlled with regular injections of the deficient clotting factor; now, therefore, be it

Resolved by the Senate, That the members of this legislative body do hereby declare March as Hemophilia Awareness Month. We call upon the people of Michigan and all city government agencies to observe the appropriate ceremonies and activities paying tribute to those affected by this lifelong condition; and be it further

Resolved, That a copy of this resolution be transmitted to the Hemophilia Foundation of Michigan.

Senators Cherry, Clarke and Pappageorge were named co-sponsors of the resolution.

Senators Birkholz, Van Woerkom, Prusi, Richardville, Anderson, Barcia, Hunter, Scott, Kuipers, Jansen, Schauer, Thomas, Jacobs, Gleason and Hardiman offered the following resolution:

Senate Resolution No.27.

A resolution to memorialize the Congress of the United States to invest in Head Start and quality child care.

Whereas, Head Start and high-quality child care prepare children for school and life success by narrowing the educational achievement gap between lower- and upper-income kids, increasing high school graduation rates, and reducing crime; and

Whereas, Studies show that at-risk children who attend Head Start and high-quality child care are better prepared for school. For example, Head Start narrows the literacy skills gap by nearly half between children in poverty and all children. The research is clear that quality early childhood education programs work to prevent crime. In Ypsilanti, Michigan, three- and four-year-olds from low-income families who were randomly assigned to a group that did not receive preschool preparation were five times more likely to have become chronic lawbreakers by age 27 than those who were assigned to the High/Scope Educational Research Foundation's Perry Preschool program; and

Whereas, Currently, only about half of eligible low-income children can attend Head Start due to state and federal funding limitations, and even fewer infants and toddlers. Less than five percent of eligible children three years old and younger are able to participate in Early Head Start. Moreover, only one in seven eligible children in working, low-income families receives help paying for quality child care through the Child Care and Development Block Grant. The combination of state and federal money for preschool has helped Michigan reach two of three at-risk four-year-olds and one of five at-risk three-year-olds; and

Whereas, Real dollar funding levels for Head Start and child care have been cut for the last several years, falling far behind the rising costs that programs face. Instead of reaching more eligible kids with comprehensive health, nutrition, and early education services, Head Start programs have been forced to shorten program hours, cut back staff, reduce parent coaching, and reduce transportation and other services that help families participate; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to increase discretionary funding in the federal budget for 2008 by $750 million in additional funding over current levels for Head Start and $720 million in additional funding over current levels for the Child Care and Development Block Grant (CCDBG). This request does not address the unmet need in Head Start and CCDBG, but simply restores services to children to the Fiscal Year 2002 level. This is a crucial first step toward meeting the need to provide quality early childhood education and care for at-risk children. Investing in Head Start and quality child care now will improve education outcomes for our nation's at-risk children and will save lives and money down the road; 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 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 Education.

The motion prevailed.

Senators Anderson, Cassis, Cherry, Clarke, Gleason, Hardiman, Pappageorge and Richardville were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators Kuipers and Allen introduced

Senate Bill No.357, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.

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

Senators Kuipers and Allen introduced

Senate Bill No.358, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 498c.

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

Senators Brown, Van Woerkom, Gilbert, Barcia, Kuipers, Birkholz, Sanborn, Bishop, Cropsey, Stamas and Cassis introduced

Senate Bill No.359, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2685 and 2688 (MCL 333.2685 and 333.2688).

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

Senators Gilbert, Kahn, Jansen, Birkholz, Pappageorge, Gleason and Prusi introduced

Senate Bill No.360, 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 11e and11f (MCL 247.661e and 247.661f), section 11e as amended by 2006 PA 141 and section 11f as added by 2006 PA 140.

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

Senators Jansen, Kuipers, Jacobs, Brown, Birkholz, Pappageorge and Gilbert introduced

Senate Bill No.361, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.

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

House Bill No.4167, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 234a and 234b (MCL 750.234a and 750.234b), as amended by 2005 PA 303.