2007-SJ-09-04-081

No. 81

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Tuesday, September 4, 2007.

12:00 noon

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 not 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 Patricia L. Birkholz of the 24th District offered the following invocation:

Dear Lord, as we bow our heads today at the dawn of a new beautiful morning and the dawn of a new month, I ask forYour hand of help upon the legislators here gathered. Help us to use the wisdom that You have granted us. Help us to work together with patience and active listening skills. Help us to come together to do what is right for the state of Michigan as we move forward.

Be with our families, be with our men and women overseas, and all the people of the state. Grant us wisdom and peace with Your guiding hand. Amen.

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

Recess

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

The motion prevailed, the time being 12:03p.m.

3:37p.m.

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

During the recess, Senators Sanborn, Gilbert, Patterson, Hardiman, Kuipers, Jansen, Pappageorge, McManus, Brown, Bishop, Van Woerkom, Stamas, Kahn, Cassis, Richardville, George, Garcia, Allen and Jelinek entered the Senate Chamber.

A quorum of the Senate was present.

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

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

Senate Bill No.436

The motion prevailed.

The following messages from the Governor were received and read:

August 30, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to state office under Section 15 of the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1015:

General Industry Safety Standards Commission

Mr.AJ Hale, Jr., of 24 Peter Pan Lane, Marshall, Michigan 49068, county of Calhoun, succeeding Michael L. Eckert, who has resigned, representing employers in the private sector, for a term commencing August 30, 2007 and expiring March 26, 2009.

Ms.Elizabeth M. Koto of 830 Cadieux Road, Grosse Pointe, Michigan 48230, county of Wayne, succeeding George A. Reamer, who has resigned, representing the management of public employers of this state, for a term commencing August 30, 2007 and expiring March 26, 2008.

Mr.Dwayne F. Betcher of 2929 34th Street, Allegan, Michigan 49010, county of Allegan, reappointed to represent employees in the public sector, for a term expiring March 26, 2010.

Mr.Thomas J. Pytlik of 3306 Westway Drive, Bay City, Michigan 48706, county of Bay, reappointed to represent the management of principal industries in the state, for a term expiring March 26, 2010.

August 30, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to state office under Sections 16121 and 17821 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17821:

Michigan Board of Physical Therapy

Ms.Linda M. Thomas-Pilarczyk of 2855 Riegel Road, Parma, Michigan 49269, county of Jackson, succeeding Terry G. Bennett, whose term has expired, representing the general public, for a term commencing August 30, 2007 and expiring December 31, 2007.

Ms.Sandra L. Maes of 2 Evergreen, Harrison Township, Michigan 48007, county of Macomb, reappointed to represent the general public, for a term expiring December 31, 2009.

August 31, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointments to state office under Sections 16121 and 17721 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17721:

Michigan Board of Pharmacy

Ms.Gwenesia S. Collins of 34810 Giannetti Drive, Sterling Heights, Michigan 48312, county of Macomb, succeedingCollin K. Hennessey, who has resigned, representing pharmacists, for a term commencing August 31, 2007 and expiring June 30, 2011.

Mr.David S. Bach, Pharm D., of 6295 Charles Drive, West Bloomfield, Michigan 48322, county of Oakland, reappointed to represent pharmacists, for a term expiring June 30, 2011.

Ms.Suhair Farida of 7053 Timberview Trail, West Bloomfield, Michigan 48322, county of Oakland, reappointed to represent pharmacists, for a term expiring June 30, 2011.

Sincerely,

Jennifer M. Granholm

Governor

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

By unanimous consent the Senate returned to the order of

Motions and Communications

The following communication was received:

Office of Financial and Insurance Services

July 20, 2007

I am pleased to forward to you a copy of the 2006 OFIS Annual report. It contains valuable references for information about regulated entities engaged in the business of insurance, banking and securities in Michigan. It is more than just a statistical report, however. We offer updates about each area of the agency, a summary of legislative activity, and descriptions of changes in the status of the entities we regulate.

I hope you will take a few minutes to review this information. This publication is also available on the website at www.michigan.gov/ofis.

Linda A. Watters

Commissioner

The communication was referred to the Secretary for record.

The following communication was received:

Department of Community Health

August 20, 2007

Enclosed is a copy of the Bureau of Health Professions annual report required by Public Act 368 of 1978 [MCL 333.16143(2)] and Public Act 79 of 1993 [MCL 333.16241(8)]. The data contained in the reports covers the time period of October 1, 2005 through September 30, 2006.

If you need additional copies of the reports, please contact Angela Awrey at 517-373-8068.

Sincerely,

Janet Olszewski

Director

The communication was referred to the Secretary for record.

The Secretary announced that the following House bill was received in the Senate and filed on Thursday, August 30:

House Bill No. 4360

The Secretary announced the enrollment printing and presentation to the Governor on Friday, August 31, for her approval the following bill:

Enrolled Senate Bill No.624 at 11:42a.m.

The Secretary announced that the following official bills were printed on Thursday, August 30, and are available at the legislative website:

House Bill Nos. 5140 5141 5142 5143 5144 5145 5146 5147 5148 5149

The Secretary announced that the following official bills were printed on Friday, August 31, and are available at the legislative website:

Senate Bill Nos. 693 694 695 696 697 698 699

House Bill Nos. 5150 5151 5152 5153

By unanimous consent the Senate proceeded to the order of

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.595

The motion prevailed.

The following bill was read a third time:

Senate Bill No.595, entitled

A bill to amend 2000 PA 92, entitled "Food law of 2000," by amending sections 4111, 4113, 4116, 4117, 4125, 5101, 5105, 5107, 6101, 6115, 6129, 6137, 6147, 6149, 7105, 7113, 7115, 7119, 7125, 7137, 8105, and 8107 (MCL 289.4111, 289.4113, 289.4116, 289.4117, 289.4125, 289.5101, 289.5105, 289.5107, 289.6101, 289.6115, 289.6129, 289.6137, 289.6147, 289.6149, 289.7105, 289.7113, 289.7115, 289.7119, 289.7125, 289.7137, 289.8105, and 289.8107), sections 4111, 4117, 6101, and 6149 as amended by 2002 PA 487 and section 4116 as added by 2004 PA 267, and by adding sections 6140, 6150, and 7106.

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.286 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

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, Lieutenant Governor Cherry, designated Senator Richardville as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No.4592, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding part 7B.

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

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

Senate Resolution No.94

The resolution consent calendar was adopted.

Senators Whitmer and Cherry offered the following resolution:

Senate Resolution No.94.

A resolution commemorating the 40th Anniversary of James Madison College at Michigan State University.

Whereas, It is with admiration for this nationally-recognized institution that we commemorate the 40th Anniversary of James Madison College at Michigan State University. Rightfully known as one of MSU's crown jewels, James Madison College has offered its students the best of both worlds throughout the last 40 years--a small residential college within a large university. The results have been as effective as they have been far-reaching. We commend everyone who has contributed to this inspiring success; and

Whereas, All across our nation, graduates of James Madison College have taken their well deserved place in courtrooms, boardrooms, the halls of government, and in every other professional arena. In Michigan, alumni are serving in the House of Representatives and the executive office, as well as in law, banking, real estate, and countless other fields. James Madison students are having a profound and positive impact throughout the world and are bringing great pride to that "little school that thought it could"; and

Whereas, From 1960 to 1966, enrollment grew 75 percent at MSU. President Hannah, administrators, and faculty created James Madison College to retain the positive aspects of the small university of the 1950s. In the fall of 1967, the first James Madison College students came to Case Hall to take part in a small, liberal arts college. Times were far different then, and so were the interests and goals of the students. James Madison College has kept pace with this fast-changing world and has adapted to meet the needs of the students and the economy they will face upon graduation; and

Whereas, The college's recipe for success is no secret--award-winning professors, a small faculty-to-student ratio, highly-motivated students, fascinating courses, an excellent writing program, and the opportunity for off-campus field experiences. These efforts have brought great dividends to the students. In fact, we have all reaped many rewards from this success. James Madison College teaches students to think creatively, write clearly, and solve problems effectively. The students have grasped these skills and we are all far richer because of it. We hope this school continues to flourish throughout the 21st century; now, therefore, be it

Resolved by the Senate, That we proudly commemorate the 40th Anniversary of MSU's James Madison College and congratulate all associated with it; and be it further

Resolved, That a copy of this resolution be transmitted to MSU President Lou Ann Simon.

Senators Anderson, Birkholz, Clark-Coleman, Garcia, Gleason, Jacobs, Pappageorge, Prusi, Richardville, Schauer, Scott and Switalski were named co-sponsors of the resolution.

Senator Gilbert offered the following resolution:

Senate Resolution No.95.

A resolution to urge the International Joint Commission and the United States Army Corps of Engineers to expedite studies investigating the effect of dredging and erosion of the St. Clair River on the water levels of the upper Great Lakes and, if necessary, take prompt actions to remediate any impacts.

Whereas, The upper Great Lakes have regularly approached historic low water levels over the last decade. In the fall, Lake Superior could break records for low water levels established in the late 1920s. Meanwhile, Lake Erie has generally remained near its historic average water level; and

Whereas, Extreme low water levels affects the economy and quality of life along the upper Great Lakes. Ships must carry less coal, iron ore, grains, and other cargos, increasing the expense of delivering vital materials for manufacturing and power production. Recreational boaters risk running aground as they navigate shallow areas and attempt to dock their boats. Shoreline property owners and visitors encounter increases in nuisance vegetation growing along exposed lakebeds; and

Whereas, A 2005 independent engineering study concluded that Lake Michigan and Lake Huron are more than 2.5 feetlower than natural levels because of dredging conducted during the 1960s on the St. Clair River and subsequent erosion. This estimate more than doubled previous estimates of the impact from changes to the St. Clair River and far outstrips any effect from water diversions out of the Great Lakes basin; and

Whereas, Both the International Joint Commission (IJC) and the United States Army Corps of Engineers have acknowledged that the contribution of dredging, erosion, and other factors affecting upper Great Lakes water levels deserve closer scrutiny. The IJC will be investigating the changes to the St. Clair River and potential remediation as part of its review of upper Great Lakes water levels regulation but is not scheduled to complete its study until 2012; and

Whereas, Recent reports indicate that erosion may be accelerating, with the potential to lower water levels of the upper Great Lakes even further. The dire implications of this report, if true, create a new urgency to move forward quickly with investigations before the problem gets any worse; now, therefore, be it

Resolved by the Senate, That we urge the International Joint Commission and the United States Army Corps of Engineers to expedite studies investigating the effect of dredging and erosion of the St. Clair River on the water levels of the upper Great Lakes and, if necessary, take prompt actions to remediate any impacts; and be it further

Resolved, That copies of this resolution be transmitted to the International Joint Commission, the United States Army Corp of Engineers Detroit District, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the director of the Michigan Department of Natural Resources, the director of the Michigan Department of Environmental Quality, and the Michigan Office of the Great Lakes.

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

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Cropsey moved that the resolution be referred to the Committee on Natural Resources and Environmental Affairs.

The motion prevailed.

Senators Birkholz, Garcia, Gleason, Jacobs, Pappageorge, Prusi, Richardville and Switalski were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators Jelinek, Kahn and Jansen introduced

Senate Bill No.700, entitled

A bill to amend 2006 PA 110, entitled "Michigan zoning enabling act," by amending section 204 (MCL 125.3204).

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Senators Jelinek, Schauer, Gleason and Clarke introduced

Senate Bill No.701, entitled

A bill to amend 1978 PA 566, entitled "An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees;to prohibit the holding of incompatible public offices; and to provide certain judicial remedies," by amending section 3 (MCL 15.183), as amended by 2004 PA 110.

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

Senators Allen, Kuipers, Gilbert and Birkholz introduced

Senate Bill No.702, entitled

A bill to amend 1976 PA 449, entitled "An act to regulate the pricing of consumer items and the advertising of consumer items, services, goods, merchandise, commodities, and real property; to prescribe the powers and duties of certain state and local officials in relation thereto; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 1 and 3 (MCL 445.351 and 445.353) and by adding sections 3a and 3b.

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

Senators Basham, Clarke, Jacobs, Anderson, Prusi, Clark-Coleman, Hunter, Gleason and Scott introduced

Senate Bill No.703, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending sections 9, 11, 12, and 12b (MCL 445.69, 445.71, 445.72, and 445.72b), sections 12 and 12b as added by 2006 PA 566, and by adding sections 19, 19a, 19b, and 19c.

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

Senators Basham, Clarke, Jacobs, Anderson, Prusi, Clark-Coleman, Hunter, Gleason and Scott introduced

Senate Bill No.704, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 10c of chapter II (MCL 762.10c), as added by 2004 PA 453.

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

Senators Basham, Clarke, Jacobs, Anderson, Prusi, Clark-Coleman, Hunter, Gleason and Scott introduced

Senate Bill No.705, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2006 PA 594.

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

Senators Basham, Clarke, Jacobs, Anderson, Prusi, Clark-Coleman, Hunter, Gleason and Scott introduced

Senate Bill No.706, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 159g (MCL 750.159g), as amended by 2002 PA 124.

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

Senators Basham, Anderson, Schauer, Gleason and Jacobs introduced

Senate Bill No.707, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 58.

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

Senators Basham, Anderson, Schauer, Gleason and Jacobs introduced

Senate Bill No.708, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.155) by adding sections 7mm and 9l.

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

Senator Basham introduced

Senate Bill No.709, entitled

A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending section 6 (MCL 38.556), as amended by 2003 PA 8.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Senators Gleason, Jacobs, Thomas, Cherry, Clarke, Olshove, Prusi, Schauer, Cropsey, Sanborn, Kahn, Birkholz, Gilbert, Van Woerkom, Stamas, Jansen, Garcia, Allen, Kuipers, Pappageorge, Richardville, Hardiman, Cassis, Scott, Barcia, Clark-Coleman, Basham, Hunter and Switalski introduced

Senate Bill No.710, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending the heading of part 101 and sections 10101, 10102, 10103, 10104, 10105, 10106, 10107, 10108, 10109, 10204, and 20165 (MCL 333.10101, 333.10102, 333.10103, 333.10104, 333.10105, 333.10106, 333.10107, 333.10108, 333.10109, 333.10204, and 333.20165), section 10102 as amended by 2003 PA 62, section 10104 as amended by 2005 PA 140, section 10108 as amended by 2006 PA 301, section 10204 as amended by 1999 PA 60, and section 20165 as amended by 1998 PA 108, and by adding sections 10110, 10111, 10112, 10113, 10114, 10115, 10116, 10117, 10118, 10119, 10120, 10121, 10122, and 10123; and to repeal acts and parts of acts.