No. 45

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Tuesday, May 15, 2007.

10:00a.m.

The Senate was called to order by the President pro tempore, Senator Randy Richardville.

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

Reverend Earl Truss of Waynecorse Church of Christ of Romulus offered the following invocation:

Father God, as we come before Your throne of mercy this day, we are so thankful and appreciative that You sent an angel to stand by our bedside to touch us with Your finger of love and started us out on another day's journey. Father God, as we go this day, heavenly Father, we pray, heavenly Father, that it is not because of the righteousness we have done, heavenly Father, but somewhere along the way all of us have gotten out of the pathway of duty. But You said that if we call on Your holy and righteous name, You will be there to forgive us.

We ask this day, heavenly Father, that You blot them out and cast them yonder in the sea of forgiveness where they will sink there and dissolve, never to trouble Your children in this world; nor condemn us in yonder judgment day.

Heavenly Father, as we come before You this day, we have a great petition, and we have a great petition because, heavenly Father, this is a great Senate. The men and women have worked hard, and we pray that this day, heavenly Father, that You just lend a listening ear to one of Your humble servants. Servants have come here in the past and will come here in the future. But we ask this day, heavenly Father, that You send a special blessing--a blessing, heavenly Father, that won't be traditional, won't be customary, but each and every soul in this building and under the sound of my voice will know that God is reigning today and that he is powerful, heavenly Father, and that his will be done, heavenly Father, in the great minds of Michigan, heavenly Father.

We are thankful for each and every Senator, heavenly Father, who is gathered here today. Give them knowledge, wisdom, and understanding that they will work together in peace and harmony like they have never worked before, heavenly Father; that this day will be a special day, heavenly Father, because of Your presence; that they will not work as parties, as Democrats, as liberals or independents or Republicans, but they will be one united for a great Michigan, heavenly Father; that the bills that they do today, heavenly Father, each one will not try to do his own agenda, but each one will surrender his heart, heavenly Father, for a greater Michigan, heavenly Father.

Bless the leader today, heavenly Father; especially bless Senator Ray Basham, heavenly Father, who made it possible for Your servant to be here today, heavenly Father. Bless his family, heavenly Father, and bless everyone under the sound of my voice that they will know, heavenly Father, that this is Your will and that Your will be done because it's not because of the voters that they are here, but they are here, heavenly Father, and promotion did not come from the north or the south, but it comes from You, heavenly Father, who exalts men. You bring them down, and You exalt them this day to do Your will. We pray that they will do it better than they have ever done it before.

In Your Son Jesus' name, we pray and ask it all. Amen.

The President pro tempore, Senator Richardville, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Senators Hardiman and McManus 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 10:07a.m.

10:26a.m.

The Senate was called to order by the President pro tempore, Senator Richardville.

The Secretary announced that the Majority Leader has made the appointment of the following standing committee:

Finance - Senator McManus replacing Senator Brown.

The standing committee appointment was approved, a majority of the members serving voting therefor.

The following communication was received:

Department of Human Services

May 14, 2007

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

Type of ReportFacilityReport #License #

Special Investigation Report Woodland Center 2007C0207004 CS470245817

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

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

Sincerely,

Marianne Udow

The communication was referred to the Secretary for record.

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

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

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.

Recess

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

The motion prevailed, the time being 10:28a.m.

10:35a.m.

The Senate was called to order by the President pro tempore, Senator Richardville.

During the recess, Senator Anderson introduced the Winston Churchill High School Varsity Girls Volleyball Team, 2007 Michigan High School Athletic Association Class A State Champions, and coaches; and presented them with a Special Tribute.

Team Captain Kelly Archer responded briefly.

The Secretary announced that the following official bills were printed on Thursday, May 10, and are available at the legislative website:

Senate Bill Nos. 483 484 485 486 488 489 490 491 492

House Bill Nos. 4728 4729 4730 4731 4732 4733 4734 4735 4736 4737 4738 4739 4740

The Secretary announced that the following official bills were printed on Friday, May 11, and are available at the legislative website:

Senate Bill Nos. 493 494 495 496 497 498 499

House Bill Nos. 4741 4742 4743 4744 4745 4746

Messages from the Governor

The following messages from the Governor were received and read:

May 14, 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 Sections 2402 of The Insurance Code of 1956, 1956 PA 218, MCL 500.2402:

Data Collection Agency Governing Board

Mr.Bruno R. Czyrka of 7344 Pine Manor, Grand Ledge, Michigan 48837, county of Eaton, reappointed to represent the executive branch of state government, for a term expiring December 31, 2007.

May 14, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to state office under Sections 302 and 2402 of the Occupational Code, 1980 PA 299, MCL 339.302 and 339.2402:

Residential Builders' and Maintenance and Alteration Contractors' Board

Ms.Marilyn Lane of 16558 Wood Lane, Fraser, Michigan 48026, county of Macomb, reappointed to represent licensed residential builders, for a term expiring March 31, 2011.

Mr.Anthony L. Parker of 113 Lake Village, #303, Dearborn, Michigan 48120, county of Wayne, reappointed to represent the general public, for a term expiring March 31, 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

Third Reading of Bills

The following bill was read a third time:

Senate Bill No.338, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 513.

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.100 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.

The following bill was read a third time:

Senate Bill No.412, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261d.

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.101 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.

The following bill was read a third time:

Senate Bill No.440, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the title and section 501 (MCL 324.501), the title as amended by 2005 PA 116.

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.102 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.

The following bill was read a third time:

Senate Bill No.441, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 503 (MCL 324.503), as amended by 2004 PA 587.

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.103 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.

The following bill was read a third time:

Senate Bill No.442, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40105 (MCL 324.40105), as added by 1995 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.104 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.

The following bill was read a third time:

Senate Bill No.443, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 48702 (MCL 324.48702), as amended by 1996 PA 200.

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.105 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.

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 George 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 without amendment, the following bill:

Senate Bill No.487, entitled

A bill to amend 1980 PA 497, entitled "Construction lien act," by amending sections 110 and 115 (MCL 570.1110 and 570.1115), as amended by 2006 PA 572.

The bill was placed on the order of Third Reading of Bills.

Resolutions

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

Senate Concurrent Resolution No.5

The motion prevailed.

Senator Thomas moved that Senator Schauer be temporarily excused from the balance of today's session.

The motion prevailed.

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

Senate Resolution No.57

The resolution consent calendar was adopted.

Senator Clarke offered the following resolution:

Senate Resolution No.57.

A resolution declaring May 2007 as Asian Pacific American Heritage Month.

Whereas, The state of Michigan is fortunate to have nearly 208,000 citizens of Asian and Pacific Island descent among its population. They have made, and continue to make, significant contributions to our society. Individuals of Asian and Pacific Island origin have migrated to Michigan from over 30 nations and are excelling in the fields of education, business, the arts, and other various professions; and

Whereas, The dedication and commitment of our Great Lakes State's Asian Pacific American citizens is best reflected in the establishment of many Asian Pacific American organizations such as the Asian Pacific American Chamber of Commerce, the Council of Asian Pacific Americans, Asian American Citizens for Justice, the Asian Pacific American Women's Association, the Mid-Michigan Asian Pacific American Association, Advisory Council on Asian Pacific American Affairs, Asian Center, and the Asian Pacific American Bar Association; and

Whereas, Asian Pacific American citizens, through advocating issues of justice and equity, continue to break down the barriers of discrimination, indifference, and intolerance, thereby making it possible for all Asian Pacific Americans to move to the forefront of social, cultural, political, and economic arenas; and

Whereas, The state of Michigan is proud of its cultural diversity and welcomes the opportunity to honor our Asian Pacific American citizens for their commitment to leadership, dedication to knowledge, and determination to succeed; now, therefore, be it

Resolved by the Senate, That the members of this legislative body declare May 2007 as Asian Pacific American Heritage Month. We urge all citizens to recognize the many accomplishments and contributions that Asian Pacific Americans have made to our state, nation, and world.

Senators Anderson, Barcia, Cassis, Clark-Coleman, Gleason, Jelinek, Pappageorge, Switalski and Thomas were named co-sponsors of the resolution.

Senator Schauer entered the Senate Chamber.

Senate Resolution No.25.

A resolution commemorating Hidden Michigan as the state of Michigan's official children's book.

The question being on the adoption of the following committee substitute:

Substitute (S-1).

The substitute was adopted.

The resolution, as substituted, was adopted.

Senator Cropsey moved to reconsider the vote by which the resolution was adopted.

The motion prevailed.

The question being on the adoption of the resolution, as substituted,

Senator Thomas requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The resolution was adopted, a majority of the members voting therefor, as follows:

Roll Call No.106 Yeas--27

Allen Cropsey Jelinek Prusi

Barcia Garcia Kahn Sanborn

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Thomas

Brown Gleason Olshove Van Woerkom

Cassis Hardiman Pappageorge Whitmer

Clarke Hunter Patterson

Nays--11

Anderson Cherry Jansen Scott

Basham Clark-Coleman Richardville Switalski

Brater Jacobs Schauer

Excused--0

Not Voting--0

In The Chair: Richardville

House Concurrent Resolution No.8.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects, Phase I, Phase II, Group A, Special Maintenance Roof Repairs (the "Facility").

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.107 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

House Concurrent Resolution No.9.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Phase I, Phase II, Group D, Joint Operations Center.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.108 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

House Concurrent Resolution No.10.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Bay de Noc Community College relative to the Bay de Noc Community College West Campus Facility.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.109 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

House Concurrent Resolution No.11.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Southwestern Michigan College relative to the Southwestern Michigan College Information Technology Center Renovations.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.110 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

House Concurrent Resolution No.12.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Lansing Community College relative to the Lansing Community College University Center.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.111 Yeas--36

Allen Cherry Hunter Patterson

Anderson Clark-Coleman Jacobs Prusi

Barcia Clarke Jansen Richardville

Basham Cropsey Jelinek Sanborn

Birkholz Garcia Kahn Scott

Bishop George Kuipers Stamas

Brater Gilbert McManus Thomas

Brown Gleason Olshove Van Woerkom

Cassis Hardiman Pappageorge Whitmer

Nays--0

Excused--0

Not Voting--2

Schauer Switalski

In The Chair: Richardville

Senator Thomas moved that Senator Switalski be temporarily excused from the balance of today's session.

The motion prevailed.

Senator Thomas moved that Senator Schauer be excused from the balance of today's session.

The motion prevailed.

House Concurrent Resolution No.13.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Mid Michigan Community College relative to the MidMichigan Community College Science and Technology Center.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.112 Yeas--36

Allen Cherry Hunter Patterson

Anderson Clark-Coleman Jacobs Prusi

Barcia Clarke Jansen Richardville

Basham Cropsey Jelinek Sanborn

Birkholz Garcia Kahn Scott

Bishop George Kuipers Stamas

Brater Gilbert McManus Thomas

Brown Gleason Olshove Van Woerkom

Cassis Hardiman Pappageorge Whitmer

Nays--0

Excused--2

Schauer Switalski

Not Voting--0

In The Chair: Richardville

Senator Switalski entered the Senate Chamber.

House Concurrent Resolution No.14.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Montcalm Community College relative to the Montcalm Community College Life Science Training Facility.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.113 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Schauer

Not Voting--0

In The Chair: Richardville

House Concurrent Resolution No.15.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Saginaw Valley State University relative to the Saginaw Valley State University Pioneer Hall Renovations.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.114 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Schauer

Not Voting--0

In The Chair: Richardville

House Concurrent Resolution No.16.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Schoolcraft College relative to the Schoolcraft College Technical Services Facility.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.115 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Schauer

Not Voting--0

In The Chair: Richardville

House Concurrent Resolution No.17.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University Instructional Resource Center.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.116 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Schauer

Not Voting--0

In The Chair: Richardville

House Concurrent Resolution No.19.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Michigan State University relative to the Michigan State University Chemistry Building Renovations/Cooling Towers.

The Assistant Secretary of the Senate made the following statement:

Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows:

Roll Call No.117 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Schauer

Not Voting--0

In The Chair: Richardville

Introduction and Referral of Bills

Senators Thomas, Schauer, Hunter, Pappageorge, Garcia, Basham, Kuipers, Bishop and Clarke introduced

Senate Bill No.500, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1274 (MCL 380.1274), as amended by 2004 PA 588.

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

Senators Birkholz, Gilbert, Van Woerkom, Jelinek, Brown, Barcia, Kuipers, Patterson, Cropsey and Stamas introduced

Senate Bill No.501, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 86.

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

Senators Birkholz, Gilbert, Van Woerkom, Jelinek, Barcia, Kuipers, Patterson, Cropsey and Stamas introduced

Senate Bill No.502, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 86.

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

Senators Barcia, Van Woerkom, Birkholz, Gilbert, Brown, Kuipers, Patterson, Cropsey and Stamas introduced

Senate Bill No.503, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 86.

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

Senators Van Woerkom, Gilbert, Jelinek, Kuipers, Patterson, Cropsey and Stamas introduced

Senate Bill No.504, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3101,3109, 3112, 3115, 5303, 8201, 8202, 8203, 8206, 8801, 8802, and 8803 (MCL 324.3101, 324.3109, 324.3112, 324.3115, 324.5303, 324.8201, 324.8202, 324.8203, 324.8206, 324.8801, 324.8802, and 324.8803), section 3101 as amended by 2006 PA 97, section 3109 as amended by 2005 PA 241, section 3112 as amended by 2005 PA 33, section 3115 as amended by 2004 PA 143, section 5303 as amended by 2002 PA 398, sections 8201, 8202, 8203, and 8206 as added by 2001 PA 176, and sections 8801, 8802, and 8803 as added by 1998 PA 287, and by adding section 8209.

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

Senators Kahn, Barcia, Sanborn and Gilbert introduced

Senate Bill No.505, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending sections 1 and 5o (MCL 28.421 and 28.425o), as amended by 2002 PA 719.

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

Statements

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

The motion prevailed.

Senator Scott's statement is as follows:

I was excused from session last Wednesday and Thursday and would like the record to reflect that if I had been here, and it was for health reasons that I was absent: "yes" on Roll Call Nos. 93 and 94; "no" on Roll Call No.95; "yes" on Roll Call No.96; "no" on Roll Call No.97; and "yes" on Roll Call Nos. 98 and 99.

Shortly after the 1968 Detroit riots, Dr.James Cone, well-known black author and theologian, said, "Our future's expectations must be turned into present realities." I cannot agree more. I have spent much of my legislative career, which began just a few years after that, working to turn our expectations into realities, and no where is that effort more visible than in my crusade to reform auto and homeowners insurance. The expectation has always been that each and every resident of Michigan deserves fair and equal treatment in obtaining and paying for auto and homeowners insurance.

However, the reality is far from that. Horrendous inequalities exist in the way insurance is approved, priced, and sold. The bills my colleagues across the aisle now have narrow the gap between the expectation and the realities. Action on these bills would narrow it even further. Please consider my bills so that we can resolve this intolerable situation.

Committee Reports

The Committee on Health Policy reported

House Bill No.4207, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 17213.

With the recommendation that the bill pass.

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

Thomas M. George

Chairperson

To Report Out:

Yeas: Senators George, Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, May 9, 2007, at 3:03p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators George (C), Patterson, Sanborn, Allen, Clarke, Gleason and Jacobs

The Committee on Appropriations reported

House Bill No.4512, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 38 (MCL 38.38), as amended by 2002 PA 93.

With the recommendation that the bill pass.

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry and Clark-Coleman

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

House Bill No.4530, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 4, 41, and 41a (MCL 38.1304, 38.1341, and 38.1341a), section 4 as amended by 2003 PA 17, section 41 as amended by 2002 PA 94, and section 41a as amended by 1996 PA 488.

With the recommendation that the bill pass.

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Cropsey, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry and Clark-Coleman

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, May 9, 2007, at 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek (C), Pappageorge, Hardiman, Kahn, Cropsey, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry and Clark-Coleman

Excused: Senator Scott

The Committee on Education reported

Senate Bill No.188, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 3, 7, 623a, 684, and 686 (MCL 380.3, 380.7, 380.623a, 380.684, and 380.686), section 3 as amended by 2004 PA 303, section 623a as amended by 2004 PA 588, and section 684 as amended by 1996 PA 277.

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Van Woerkom, Whitmer and Gleason

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Thursday, May 10, 2007, at 2:30p.m., Room 100, Farnum Building

Present: Senators Kuipers (C), Van Woerkom, Whitmer and Gleason

Excused: Senator Cassis

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Environmental Quality submitted the following:

Meeting held on Thursday, May 10, 2007, at 9:00a.m., Room 405, Capitol Building

Present: Senators Garcia (C), Cropsey and Brater

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Thursday, May 10, 2007, at 12:12p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Cassis (C), Gilbert, Brown, Jansen, Prusi, Jacobs and Whitmer

COMMITTEE ATTENDANCE REPORT

The Committee on Energy Policy and Public Utilities submitted the following:

Meeting held on Thursday, May 10, 2007, at 1:00p.m., Room 210, Farnum Building

Present: Senators Patterson (C), Birkholz, Kuipers, Richardville, Olshove and Thomas

Excused: Senators Brown and Prusi

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Environmental Quality submitted the following:

Meeting held on Thursday, May 10, 2007, at 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Garcia (C), Cropsey and Brater

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Community Colleges submitted the following:

Meeting held on Friday, May 11, 2007, at 9:00a.m., Bay de Noc Community College, Joseph Heirman University Center, 2001 North Lincoln Road, Escanaba

Present: Senators Hardiman (C) and McManus

Excused: Senator Clark-Coleman

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Higher Education submitted the following:

Meeting held on Friday, May 11, 2007, at 2:00p.m., Michigan Technological University, Advanced Technology Development Center, 1402 East Sharon Avenue, Houghton

Present: Senators Stamas (C), Hardiman and McManus

Excused: Senators George, Barcia, Anderson and Brater

Scheduled Meetings

Agriculture - Thursday, May 17, 8:30a.m., Room 110, Farnum Building (373-1635)

Appropriations - Wednesday, May 16, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960) (CANCELED)

Subcommittees -

Capital Outlay - Thursday, May 17, 9:00a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-8080)

Community Colleges - Wednesday, May 16, 9:30a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) (CANCELED)

Community Health Department - Thursday, May 17, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768)

Environmental Quality Department - Tuesday, May 22, 2:00p.m. and Thursdays, May 24, 11:30a.m. or later immediately following session and May 31, 1:00p.m., Room 405, Capitol Building (373-2768)

Judiciary and Corrections - Wednesdays, May 16, May 23 and May 30, 3:00p.m., Rooms 402 and 403, Capitol Building (373-2768)

Natural Resources Department - Tuesday, May 29, 12:00 noon or later immediately following session, Room405, Capitol Building (373-2768)

Economic Development and Regulatory Reform - Wednesday, May 16, 1:00p.m., Rooms 402 and 403, Capitol Building (373-7670)

Health Policy - Wednesday, May 16, 3:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0793)

Natural Resources and Environmental Affairs - Wednesday, May 16, 1:00p.m., Room 110, Farnum Building (373-3447)

State Drug Treatment Court Advisory Committee - Tuesday, May 22, 9:30a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 11:30a.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Wednesday, May 16, 2007, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate