2007-SJ-06-27-065.htm

No. 65

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Wednesday, June 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--excused

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 Ken Benson of United Methodist Church of Lansing offered the following invocation:

Father, we give You thanks for this beautiful day. We thank You also, dear God, for dedicated servants who are willing to commit their lives to make this state a better place for all of Your children. As the Senate debates today and as they do the business of the state, may they be guided and directed by Your Spirit to do that which is best for all of us.

Bless us now; lead and guide us as we pray in Jesus' name. Amen.

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

Motions and Communications

Senators Brown, McManus, Gilbert, Schauer, Scott and Hunter entered the Senate Chamber.

The following communication was received and read:

Office of the Senate Majority Leader

June 27, 2007

Pursuant to Joint Rule 3, the House of Representatives having non-concurred in the Senate substitute (S-9) to Senate Bill 94, appoints the following members to sit on the conference committee:

Senator Michael D. Bishop

Senator Nancy Cassis

Senator Samuel Thomas III

Thank you for your prompt consideration of this matter.

Respectfully yours,

Michael D. Bishop

Majority Leader

State Senate, 12th District

The communication was referred to the Secretary for record.

The bill was referred to the Conference Committee.

Recess

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

The motion prevailed, the time being 10:05a.m.

11:24a.m.

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

During the recess, Senators Brater, Bishop, Clarke, Garcia and Barcia entered the Senate Chamber.

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

The motion prevailed.

Senator Cropsey's statement is as follows:

You know, our schedules can be a little bit erratic and a little bit hectic; not only our schedules, but the schedules for our staff people also. When you have goo ad staff, that really helps tremendously for us to do our jobs. One of the key staff people I have is the lady who sits at the front desk. You come into my office and she makes people feel warm and welcome and smiles. It is just wonderful to have somebody there so that when constituents come in or when other people come in, they say, "Would you like a cup of coffee?" and gives them a nice smile and makes them feel right at home.

Unfortunately, Melanie Miles on my staff, who does the receptionist job, will be leaving. She is going to be working down in the southeastern part of the state in her area of training. She has just been a wonderful asset in our office, and I am going to be missing her. She has been dependable every day that she has been there. She is one of those types of people when there isn't anything on her desk, she is looking around at other people and saying, "Boy, you are working hard; can I help you out?" She's just an invaluable staff person. I just hate to lose her, but I know she is going on to better things.

I just wanted to thank Melanie Miles for the work that she has put in in my office and to recognize her on the floor of the Senate today.

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

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, June 26:

House Bill Nos. 4132 4240 4399 4936

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, June 26, for her approval the following bills:

Enrolled Senate Bill No.266 at 10:39a.m.

Enrolled Senate Bill No.360 at 10:41a.m.

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 Kuipers as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Richardville, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No.570, entitled

A bill to amend 2006 PA 479, entitled "Michigan promise grant act," by amending section 2 (MCL 390.1622).

Senate Bill No.600, entitled

A bill to amend 2006 PA 479, entitled "Michigan promise grant act," by amending sections 4 and 8 (MCL 390.1624 and 390.1628).

The bills were placed on the order of Third Reading of Bills.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No.530

Senate Bill No.545

Senate Bill No.365

The motion prevailed.

The following bill was read a third time:

Senate Bill No.530, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section82126 (MCL 324.82126), as amended by 2003 PA 2.

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.202 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Pappageorge

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.545, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3118 (MCL 324.3118), as amended by 2004 PA 91.

The question being on the passage of the bill,

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

Roll Call No.203 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Pappageorge

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.365, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 451 (MCL 500.451), as amended by 1994 PA 228.

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.204 Yeas--31

Allen Cherry Jansen Sanborn

Anderson Clarke Jelinek Schauer

Barcia Cropsey Kahn Stamas

Birkholz Garcia Kuipers Switalski

Bishop George McManus Thomas

Brater Gilbert Olshove Van Woerkom

Brown Gleason Patterson Whitmer

Cassis Hardiman Richardville

Nays--6

Basham Hunter Prusi Scott

Clark-Coleman Jacobs

Excused--1

Pappageorge

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

Resolutions

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

Senate Resolution No.79

The resolution consent calendar was adopted.

Senators Allen, Prusi and George offered the following resolution:

Senate Resolution No.79.

A resolution commemorating the Fiftieth Anniversary of the completion of the Mackinac Bridge.

Whereas, The Michigan Senate is proud to commemorate the Fiftieth Anniversary of the completion of the Mackinac Bridge, providing the vital link between the Upper and Lower Peninsulas of our great state; and

Whereas, In 1934, the Michigan Legislature created the Mackinac Straits Bridge Authority and empowered it to investigate the feasibility of the construction of a bridge and to finance the work through the issuance of revenue bonds. Despite limited funds, the authority actively pursued this project and had the blessings of the United States Army Corps of Engineers, as well as President Franklin Delano Roosevelt. However, work stalled with the onset of World War II, and ultimately, the Michigan Legislature abolished the authority in 1947; and

Whereas, In 1950, the Michigan Legislature re-established the Mackinac Straits Bridge Authority with direction to facilitate the creation of a bridge connecting Mackinaw City and St. Ignace, joining the two unique peninsulas that make up our state; and

Whereas, In 1954, construction officially began on the bridge under the direction of Dr.David Steinman to create the longest suspension bridge in the world. With finance and construction efforts coming from all over the nation, the construction of the bridge proved to be a vital boost in the economy of our state. Utilizing the most recent technological and engineering advances, as well as 42,000 miles of cable, the five-mile bridge is able to accommodate four lanes of motorized traffic and is suspended 200 feet above the choppy waters of the Straits of Mackinac; and

Whereas, The bridge opened for traffic as scheduled on November 1, 1957, despite the many hazards of maritime construction over the Straits of Mackinac, officially creating our state's most recognizable man-made landmark; and

Whereas, With over four million crossings of the Mackinac Bridge annually, it is essential to the economic vitality of our state that the Mackinac Bridge be recognized upon reaching the milestone of fifty years of service linking the Upper and Lower Peninsulas. The bridge has allowed for historical and economic growth in Michigan and has helped vitalize the immensely important tourism industry in northern Michigan; and

Whereas, The millions of visitors and commercial vehicles that traverse the bridge every year directly contribute to the local economies of St. Ignace, Mackinac Island, and Mackinaw City in a given year, making the Mackinac Bridge extraordinarily important in the regional and statewide economy; and

Whereas, The Mackinac Bridge has become a worldwide landmark, symbolizing the ingenuity with which our state has come to be known. The crown jewel of our great state, the "Mighty Mac" has served to inspire the fortitude, strength, and spirit of Michigan and its people. A symbol of the enduring greatness of our state, the Mackinac Bridge is evidence of the determination and willpower of the citizens of Michigan; now, therefore, be it

Resolved by the Senate, That we hereby commemorate the Fiftieth Anniversary of the Mackinac Bridge. Special thanks is given to the engineers and iron workers who designed, built, and continue to maintain this piece of Michigan history and to the community and state leaders who believed in this grand vision of two peninsulas united by a bridge of steel. It is a pleasure to recognize this important structure and the vital purpose it has served in Michigan's commerce, travel, economic well-being, and source of pride; and be it further

Resolved, That copies of this resolution be transmitted to the Mackinac Bridge Authority, the city of St. Ignace, the village of Mackinaw City, the city of Mackinac Island, and the Michigan Department of Transportation in celebration of this historical milestone.

Senators Anderson, Barcia, Basham, Cassis, Clarke, Gilbert, Gleason, Jacobs, Kuipers, Richardville, Schauer, Switalski and Van Woerkom were named co-sponsors of the resolution.

Senators Garcia, Brater, Cropsey, Allen, Barcia and Gilbert offered the following resolution:

Senate Resolution No.80.

A resolution to encourage the Federal Highway Administration to approve the $1,000,000 grant request, submitted by the Michigan Department of Transportation, to develop a rail transit route as an alternative to U.S. 23 in Livingston and Washtenaw counties.

Whereas, The U.S. 23 corridor, one of the most heavily congested corridors in Southeast Michigan, is a critical route connecting the communities of Howell and Brighton to the Ann Arbor area and is the key route for traffic flow between Livingston and Washtenaw counties. U.S. 23 between Livingston and Washtenaw counties continually experiences heavy congestion, resulting in more than 2,600 crashes per year. Almost 60 percent of these accidents are rear-end crashes during peak traffic times and nearly 19 percent of the crashes result in injuries. Between 2003 and 2005, accidents on this stretch of highway resulted in over 600 injuries and 6 fatalities; and

Whereas, The development of a commuter rail system that parallels the U.S. 23 corridor to provide morning and evening peak service would establish the only general transit connection between Livingston and Washtenaw counties. Surveys completed by the University of Michigan, the Ann Arbor Chamber of Commerce, the Brighton Chamber of Commerce, and the Washtenaw Community College demonstrate a significant interest in a commuter rail system, with more than half the respondents indicating that they would use such a service 4 to 5 days per week; and

Whereas, A commuter rail system is being planned and developed by a large group of community partners, including Great Lakes Central Railroad, the Michigan Department of Transportation, Livingston County, Washtenaw County, the city of Ann Arbor, the city of Brighton, the city of Howell, Ann Arbor Township, Northfield Township, the Ann Arbor Chamber of Commerce, the Greater Brighton Chamber of Commerce, the Howell Chamber of Commerce, the Ann Arbor Transportation Authority, and the Livingston Essential Transportation Services. To help this partnership move forward in establishing an alternative general transit route between Livingston and Washtenaw counties, a grant request for $1,000,000 was submitted to the Federal Transportation, Community, and System Preservation Program to assist in paying for the necessary upgrades to support a safe and secure passenger system with appropriate stops to pick up and drop off passengers; now, therefore, be it

Resolved by the Senate, That we encourage the Federal Highway Administration to approve the $1,000,000 grant request, submitted by the Michigan Department of Transportation, to develop a rail transit route as an alternative to highway travel on U.S. 23 to reduce congestion and provide a more comprehensive transportation plan for travel between Livingston and Washtenaw counties; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan congressional delegation, the Federal HighwayAdministration, Great Lakes Central Railroad, the Ann Arbor Transportation Authority, and Livingston Essential Transportation Services.

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 resolution was adopted.

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

The motion prevailed.

Senator Garcia's statement is as follows:

I am the sponsor of this resolution to express the Senate's support for a grant of $1 million from the Federal Highway Administration for the development of a passenger railcar service between Ann Arbor, Brighton, and Howell. As you know, I represent Brighton and Howell. I also happen to travel the U.S. 23 corridor quite often. My son goes to the University of Michigan, and I get down to the southeast portion of the state a fair amount. This highway, U.S. 23, experiences a tremendous amount of traffic, both in the morning and in the evening, and there is no viable alternative route. So what this would do is provide an opportunity of rail service, giving alternate means of transportation for people who are traveling to and from Brighton and Howell down to Ann Arbor.

I think it would behoove this body to support this resolution so that we can get the Federal Highway Administration to give us this grant.

Senators Bishop and Cropsey offered the following resolution:

Senate Resolution No.81.

A resolution to amend the Standing Rules of the Senate.

Resolved by the Senate, That Rule 3.313 is hereby amended to read as follows:

"3.313 MOTION FOR CALL OF THE SENATE

A Call of the Senate shall be ordered by a majority of the Senators ~~voting, whether a quorum or not~~ELECTED AND SERVING. After a Call of the Senate is ordered, the doors shall be closed and the Senators shall not be permitted to leave the Senate floor without permission of the Senate. The roll of the Senate shall be taken by the Secretary of the Senate and the absentees noted. The Sergeant at Arms, or persons duly empowered by a majority of the Senators voting, may be dispatched and may arrest any or all of the Senators absent without leave."

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 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 serving voting therefor, as follows:

Roll Call No.205 Yeas--20

Allen Cropsey Jansen Patterson

Birkholz Garcia Jelinek Richardville

Bishop George Kahn Sanborn

Brown Gilbert Kuipers Stamas

Cassis Hardiman McManus Van Woerkom

Nays--17

Anderson Clark-Coleman Jacobs Scott

Barcia Clarke Olshove Switalski

Basham Gleason Prusi Thomas

Brater Hunter Schauer Whitmer

Cherry

Excused--1

Pappageorge

Not Voting--0

In The Chair: Richardville

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

The motion prevailed.

Senator Schauer's statement is as follows:

I would hope the sponsor of the resolution will speak to the reason and motivation behind this resolution. As I read it--and I have just seen it for the first time--this would change the Standing Rules of the Senate. It would change the threshold for ordering a Call of the Senate.

Now here is what I think is very interesting. First, I ought to note that the Senate is having a hard enough time doing its job, and if there was a circumstance where there was not a majority of members here, okay, and we had critical business to do, for example, balancing the state's budget, and there was a motion for a Call of the Senate in order to get all of the members necessary, or at least a majority, where this body could function. This rule change would prohibit that, so it would penalize this minority, in this case, that was here to do the business of this body, such as balancing the state's budget. This would say that a Call of the Senate shall be ordered by a majority of the Senators elected and serving. The current language says it shall be ordered by a majority of Senators voting, whether a quorum or not exist.

Now let's keep in mind these were your rules. These were approved unanimously, I recall, in January and now for some reason--you know, I don't think any of us should vote for this unless we hear a proper rationale for changing the rules of this body. So it really nullifies the necessity of having this rule in our Standing Rules in the first place.

Again, the relevance of having this rule is if there are not the members here to conduct the business of this body, I guess this weakens the Senate. It offers another excuse for the Senate not to do its work in the first place. I think we ought to do our job. We ought to show up, and we ought to do our work. This offers another excuse from this happening.

So I would urge a "no" vote for both Democrats and Republicans, especially if we don't hear an explanation of why this improves this body.

Senators Hardiman, Jansen, Kuipers, Allen, Birkholz, Gilbert, Van Woerkom, Stamas, Jelinek, Bishop, Richardville, Cropsey, Pappageorge, Brown, Barcia, Garcia and Clarke offered the following concurrent resolution:

Senate Concurrent Resolution No.15.

A concurrent resolution to request the congressional Joint Committee on the Library to approve the replacement of Michigan's statue of Zachariah Chandler with an image of President Gerald R. Ford as part of the National Statuary Hall Collection and to take other actions related to this undertaking.

Whereas, Under federal law, each state is invited to provide two statues of distinguished citizens for display in the United States Capitol. Michigan's contributions to this Nation Statuary Hall Collection, Lewis Cass and Zachariah Chandler, were placed in our nation's Capitol in 1889 and 1913, respectively; and

Whereas, The Architect of the Capitol manages the National Statuary Hall Collection, which was established in 1864. Legislation enacted in 2000 provides for the replacement of statues, which must be approved by the Joint Committee on the Library. This procedure requires the states to take specific actions. This process was followed in 2003, when Kansas provided a statue of President Eisenhower, and more recently in California, which has authorized a statue of President Ronald Reagan that will soon become part of the collection; and

Whereas, The process of a state replacing a statue begins with the state's legislature adopting a resolution to request the Joint Committee on the Library to approve the replacement. This resolution is to identify the statue being replaced, to name the individual who is the subject of the new statue, to select a commission to represent the state in naming a sculptor, and to outline the means of payment for the entire replacement process. The governor of the state must send a letter of approval to the Architect of the Capitol; and

Whereas, The Gerald R. Ford Foundation has expressed its strong commitment to this project and has pledged its leadership and financial support to this important undertaking; and

Whereas, As Michigan history unfolds, the notable accomplishments of Zachariah Chandler are more appropriately celebrated in Michigan. Returning the statue to Michigan can provide an important incentive to our citizens to learn more of his contributions; and

Whereas, The remarkable story of Gerald R. Ford and his leadership as our 38th President is integral to the nation's history, especially for his lasting impact during the unique challenges of the 1960s and 1970s. This decorated World War II naval officer, who devoted 25 years to the people of western Michigan as their voice in Congress and served as Vice President at a time of great challenges, carved a life of public service that embodied the highest standards. His courageous actions as President in standing up for the country's best interests at the expense of political expediency are now widely recognized by a grateful nation. The personal integrity that marked all aspects of the life of the man from Grand Rapids continues to inspire the people of Michigan; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we request the congressional Joint Committeeon the Library to approve the replacement of Michigan's statue of Zachariah Chandler with an image of President GeraldR. Ford as part of the National Statuary Hall Collection in our nation's Capitol. We make this request on behalf of the people of Michigan; and be it further

Resolved, That we urge the Governor to communicate approval of this replacement project to the Architect of the Capitol and to sign an agreement with the Architect of the Capitol to replace the Zachariah Chandler statue with one of President Gerald R. Ford; and be it further

Resolved, That we hereby select the Gerald R. Ford Foundation as the entity that will develop the process for selecting an artist for the statue of President Ford and underwrite the costs of this entire project, including the costs of creating, transporting, and placing both statues at their respective locations and the costs related to ceremonies that may be held in Lansing and Washington, D.C.; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor, the Architect of the Capitol, the Gerald R. Ford Foundation, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Joint Committee on the Library of Congress.

Pending the order that, under rule 3.204, the concurrent 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 concurrent resolution,

Senator Cropsey moved that the concurrent resolution be referred to the Committee on Commerce and Tourism.

The motion prevailed.

Senators Anderson, Cassis, Gleason, Jacobs, Schauer and Switalski were named co-sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senators Pappageorge, Cassis, Switalski, Cropsey, Bishop, Birkholz, Gilbert, Van Woerkom, McManus, Kahn, Barcia, Garcia, Patterson, Sanborn, Stamas, Hardiman, Gleason, Kuipers, Jansen, Jelinek, Scott, Prusi, Thomas, Olshove, Clark-Coleman and Allen introduced

Senate Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 31 of article IV andsection 18 of article V, to limit the budget, to require certain deposits into certain state funds, and to require a 2/3 majority for certain appropriations.

The joint resolution was read a first and second time by title and referred to the Committee on Government Operations and Reform.

Senators Garcia, Pappageorge, Hardiman, Kuipers, Cropsey and Barcia introduced

Senate Joint Resolution F, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article IV, to provide for temporary replacement members of the legislature if a member is called to active military service.

The joint resolution was read a first and second time by title and referred to the Committee on Government Operations and Reform.

Senators Clarke and Schauer introduced

Senate Bill No.609, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2002 PA 630.

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

Senators Clarke, Brater, Jacobs, Hunter, Basham, Whitmer, Anderson and Schauer introduced

Senate Bill No.610, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 147b (MCL 750.147b), as added by 1988 PA 371.

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

Senator Thomas introduced

Senate Bill No.611, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending the title and section 20 (MCL 431.320), section 20 as amended by 2006 PA 185.

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

Senators Basham, Jacobs, Anderson, Brater, Scott, Hunter, Thomas, Switalski, Clarke and Schauer introduced

Senate Bill No.612, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 8609, 8611, 8613, 8615, 8617, 8619, and 8621.