2007-SJ-04-25-037

No. 37

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Wednesday, April 25, 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--present McManus--present Whitmer--present

Cropsey--present Olshove--present

Senator Gerald Van Woerkom of the 34th District offered the following invocation:

Lord, it's a joy to come to You this morning, and we pray that You will continue to look upon us in Your favor. We recognize that You are our Father, our Heavenly Father. We are Your children and we are in Your care. We pray that You will bless us, care for us, and forgive us when we go astray.

Lord, we pray that You'll give us wisdom. This is a difficult time for our state. We pray that You will help us to see the solution, and help us to find our way through the economic difficulties that we face. Help us come together to solve the problems, and we pray, Lord, for the future of our state. We pray that You will bless our state, and we pray that You will bless all of the families within our state.

Lord, we know, too, that there are members of our state who are overseas who are fighting and who are in harm's way. We pray that You will bless them and their families, and keep them safe.

Lord, continue to help us. In Your most holy name. Amen.

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

Motions and Communications

Senator Hardiman entered the Senate Chamber.

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

The motion prevailed.

Senator Anderson moved that Senators Brater, Clarke and Thomas be temporarily excused from today's session.

The motion prevailed.

Senators Clarke, Jansen and Thomas entered the Senate Chamber.

Senator Cropsey moved that the Committee on Government Operations and Reform be discharged from further consideration of the following appointments:

Grand Valley State University Board of Control

Ms.Shelly E. Padnos of P.O. Box 555, Douglas, Michigan 49406, county of Allegan, succeeding José A. Infante, Jr.,whose term has expired, representing the general public, for a term commencing March 8, 2007 and expiring December 31, 2014.

Mr.Michael D. Thomas of 445 West Dawn Drive, Freeland, Michigan 48623, county of Saginaw, succeeding Jessie F. Dalman, whose term has expired, representing the general public, for a term commencing March 8, 2007 and expiring December 31, 2014.

Lake Superior State University Board of Trustees

Mr.E. Gary Toffolo of 6785 South Taylor Road, Sault Ste.Marie, Michigan 49783, county of Chippewa, succeeding Linda M. Brown, whose term has expired, representing the general public, for a term commencing February 20, 2007 and expiring January 27, 2014.

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

The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, April 24:

House Bill No. 4591

The Secretary announced that the following official bill was printed on Tuesday, April 24, and is available at the legislative website:

Senate Bill No. 432

Messages from the Governor

Grand Valley State University Board of Control

Senator Cropsey 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, a majority of the members serving voting therefor, as follows:

Roll Call No.70 Yeas--37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brown Hardiman Pappageorge Thomas

Cassis Hunter Patterson Van Woerkom

Cherry Jacobs Prusi Whitmer

Clark-Coleman

Nays--0

Excused--1

Brater

Not Voting--0

In The Chair: President

Senators Hardiman and Birkholz 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 support the nomination of Shelly Padnos to the Grand Valley State Board. I've known Ms.Padnos for some time and known of her family's involvement in the community, as well as hers. She has been active in the community as well as in her family business, a member of several organizations, and providing leadership and many of those too numerous to mention.

I was impressed with her thoughtful comments yesterday as we had conversation with Ms.Padnos and the other appointees. I would strongly support her appointment.

Senator Birkholz's statement is as follows:

I strongly endorse the appointment of Shelly Padnos to the Grand Valley Board of Control. Ms.Padnos has been a constituent of mine for many years. I've worked with her on several community activities. She's a very strong supporter of the whole west Michigan community, working on issues dealing with families and community strength. She's a businesswoman and has been a businesswoman in her own right, as well as being an attorney, a member of one of our area bank boards, and one of the strongest members serving longtime in our communities of west Michigan.

I know she would make a very positive and quality addition to the Grand Valley Board of Control. I strongly endorse her appointment.

Senator Brater entered the Senate Chamber.

Grand Valley State University Board of Control

Senator Cropsey 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, a majority of the members serving voting therefor, as follows:

Roll Call No.71 Yeas--38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

The motion prevailed.

Senator Hardiman's statement is as follows:

I rise as well to add my support for the confirmation of Michael D. Thomas to the Grand Valley State University Board of Control. Mr.Thomas' experience as a prosecutor will be very welcomed on the board as he looks at security issues which we know are very important during these times.

I just want to mention some things beyond that. He has been involved in several aspects of the community which I think will also be very instrumental on the board, including victims' rights, crime prevention, neighborhood building, youth initiatives, city rescue mission, and Big Brothers Big Sisters. So he's been reaching out to help many in his community.

He will be very welcomed on the Grand Valley State University Board. I strongly add my support for the confirmation.

The President pro tempore, Senator Richardville, assumed the Chair.

Lake Superior State University Board of Trustees

Senator Cropsey 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, a majority of the members serving voting therefor, as follows:

Roll Call No.72 Yeas--38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: Richardville

Third Reading of Bills

Senator Cropsey moved that the following bill be placed at the head of the Third Reading of Bills calendar:

Senate Bill No.360

The motion prevailed.

The following bill was read a third time:

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 and 11f (MCL 247.661e and 247.661f), section 11e as amended by 2006 PA 141 and section 11f as added by 2006 PA 140.

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.73 Yeas--38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays--0

Excused--0

Not Voting--0

In The Chair: Richardville

The Senate agreed to the title of the bill.

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 pro tempore, Senator Richardville, designated Senator Jacobs as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No.194, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311g (MCL 380.1311g),as amended by 2005 PA 28.

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.

Resolutions

Senator Cropsey moved that consideration of the following resolutions be postponed for today:

Senate Resolution No.25

Senate Concurrent Resolution No.5

Senate Concurrent Resolution No.8

Senate Resolution No.36

The motion prevailed.

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

Senate Resolution No.48

Senate Resolution No.49

The resolution consent calendar was adopted.

Senators Cropsey and Kuipers offered the following resolution:

Senate Resolution No.48.

A resolution recognizing April 30 - May 6, 2007, as National Charter Schools Week in Michigan.

Whereas, Charter schools are locally established and founded in communities across the state, offering new educational opportunities to tens of thousands of students and families; and

Whereas, Michigan's 229 charter schools and the dedicated staff and students who work therein are bringing fresh ideas and perspectives to K-12 education; and

Whereas, Charter schools are giving all parents more choices in their children's education; and

Whereas, Charter public schools encourage competition and are accountable to the public through public universities, community colleges, and local and intermediate school districts that help establish and oversee these schools; and

Whereas, Michigan's charter experience has resulted in a nationally-recognized system of leadership, performance, and accountability that delivers effective results for the students and families it serves; and

Whereas, Charter schools are making great progress toward closing the achievement gap for urban, minority, and poor children across our state; now, therefore, be it

Resolved by the Senate, That we hereby recognize April 30 - May 6, 2007 as National Charter Schools Week in Michigan in honor of these schools and their past, present, and future achievements.

Senators Birkholz, Bishop, Cassis, Gilbert, Hardiman, Kahn, Pappageorge and Thomas were named co-sponsors of the resolution.

Senator George offered the following resolution:

Senate Resolution No.49.

A resolution to urge the United States Environmental Protection Agency and the Michigan Department of Environmental Quality to hold public hearings to explain options and to answer questions concerning the long-term management and disposal plans for the polychlorinated biphenyl-contaminated sediments from the Kalamazoo River Superfund site.

Whereas, The Kalamazoo River Superfund site was officially added to the national priority list for cleanups in 1990 based on evidence of extensive polychlorinated biphenyl (PCB) contamination in the sediments, soils, water, fish, and wildlife. This Superfund site comprises five disposal areas, five paper mill properties, 80 miles of the Kalamazoo River, and three miles of Portage Creek. Recently, the United States Environmental Protection Agency (EPA), the Michigan Department of Environmental Quality (DEQ), and the responsible parties entered into an administrative settlement agreement and order on consent for cleanup of the Plainwell impoundment area of the Superfund site; and

Whereas, The investigation and negotiations required at this Superfund site have spanned nearly 20 years. The recently signed cleanup agreement was negotiated in private and addresses the disposal of the Plainwell impoundment's contaminated sediments. While this agreement may focus on the short-term disposal plan for these PCB-contaminated sediments, the public and local and state elected officials have not had an opportunity to learn about, understand, and comment on this agreement; and

Whereas, The options for disposing of PCB-contaminated sediments in Michigan are limited. Disposal of hundreds ofthousands of cubic yards of contaminated sediments from this Superfund site may exceed the capacity of available, - sediments. However, they have not addressed the issue of permanent, long-term disposal of these and the remaining contaminated sediments in the Kalamazoo River Superfund site. It is imperative that EPA and DEQ engage in a public discussion of the options to address permanent disposal in light of the state's PCB disposal capacity shortage; and

Whereas, Significant questions and concerns have been raised that need to be addressed in a timely manner. What studies have been completed on the long-term use of the on-site landfills and how will future uses affect the containment of the PCB wastes? Will the contaminated sediment be moved to a permanent facility and, if so, when? Providing residents, local and state elected officials, and others with an opportunity to learn about the long-term permanent disposal options for these PCB-contaminated sediments is crucial; now, therefore, be it

Resolved by the Senate, That we urge the United States Environmental Protection Agency and the Michigan Department of Environmental Quality to hold public hearings to explain options and to answer questions concerning the long-term management and disposal options for polychlorinated biphenyl-contaminated sediments from the Kalamazoo River Superfund site; and be it further

Resolved, That copies of this resolution be transmitted to the director of the Michigan Department of Environmental Quality, the Governor of Michigan, and the United States Environmental Protection Agency, Region 5.

Senators Barcia, Basham, Birkholz, Bishop, Brown, Cassis, Gilbert, Hardiman, Jacobs, Kahn, Kuipers, Pappageorge, Schauer and Thomas were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators Allen and Gilbert introduced

Senate Bill No.433, entitled

A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," by amending section 10 (MCL 474.60), as amended by 1998 PA 235.

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

Senator Allen introduced

Senate Bill No.434, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7dd (MCL 211.7dd), as amended by 2006 PA 114.

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

Senator Stamas introduced

Senate Bill No.435, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8152 (MCL 600.8152), as amended by 2002 PA 92.

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

Senator Jelinek introduced

Senate Bill No.436, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2007; and to provide for the expenditure of the appropriations.

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

Senator Jelinek introduced

Senate Bill No.437, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), as amended by 2006 PA 342.

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

Senators McManus, Richardville, Birkholz, Kuipers, Van Woerkom, Patterson, Kahn, Jansen, Stamas and Prusi introduced

Senate Bill No.438, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509u (MCL 168.509u), as added by 1994 PA 441, and by adding section 499a.