2007-SJ-10-10-104

No. 104

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Wednesday, October 10, 2007.

10:00a.m.

The Senate was called to order by the Assistant President pro tempore, Senator Alan Sanborn.

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--excused 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--excused

Clark-Coleman--present Kuipers--present Van Woerkom--present

Clarke--present McManus--present Whitmer--present

Cropsey--present Olshove--present

Senator Randy Richardville of the 17th District offered the following invocation:

Father, we come before You today not only as servants of the citizens of the state of Michigan, but also as servants of the God who created us. In Your word You say that we were created in Your image and likeness. It is also clear that we are also imperfect.

Please help us today as we go about our work to look to one another to find the image of You in each of us and not look for the imperfections, knowing that You care for each one of us as Your own. Amen.

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

Motions and Communications

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

The motion prevailed.

Senator Anderson moved that Senators Thomas and Gleason be excused from today's session.

The motion prevailed.

Senators Brown and Hunter entered the Senate Chamber.

The following communication was received and read:

Office of the Auditor General

October 5, 2007

Enclosed is a copy of the following audit report:

Performance audit of Lansing Community College.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The audit report was referred to the Committee on Government Operations and Reform.

The following communication was received:

Department of State

Administrative Rules

Notice of Filing

October 8, 2007

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 1:30p.m. this date, administrative rule (07-10-03) for the Department of Environmental Quality, Water Bureau, entitled "Part 17. Soil Erosion and Sedimentation Control." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communication was referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, October 9:

House Bill Nos. 5007 5101 5138 5139 5143

The Secretary announced that the following official bill was printed on Tuesday, October 9, and is available at the legislative website:

Senate Bill No. 820

By unanimous consent the Senate proceeded 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.732

Senate Bill No.733

The motion prevailed.

The following bill was read a third time:

Senate Bill No.732, entitled

A bill to designate enterprises owned or controlled by qualified veterans as Michigan patriot businesses; and to provide for the powers and duties of certain state governmental officers and entities.

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.410 Yeas--35

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

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays--0

Excused--3

Brater Gleason Thomas

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

Senator Brater entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No.733, entitled

A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," (MCL 125.2001 to 125.2094) by adding section 79.

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.411 Yeas--36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays--0

Excused--2

Gleason Thomas

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

Messages from the House

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

Senate Bill No.53

House Bill No.4120

The motion prevailed.

Senate Bill No.276, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9f (MCL 211.9f), as amended by 2004 PA 79.

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No.412 Yeas--36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays--0

Excused--2

Gleason Thomas

Not Voting--0

In The Chair: Sanborn

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was not concurred in, 2/3 of the members serving not voting therefor.

Senator Cropsey requested the yeas and nays.

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

The recommendation was not concurred in, 2/3 of the members serving not voting therefor, as follows:

Roll Call No.413 Yeas--22

Allen Cropsey Jelinek Patterson

Barcia Garcia Kahn Richardville

Birkholz George Kuipers Sanborn

Bishop Gilbert McManus Stamas

Brown Hardiman Pappageorge Van Woerkom

Cassis Jansen

Nays--10

Brater Hunter Prusi Switalski

Cherry Jacobs Scott Whitmer

Clarke Olshove

Excused--2

Gleason Thomas

Not Voting--4

Anderson Basham Clark-Coleman Schauer

In The Chair: Sanborn

Senator Cropsey moved that the bill be given immediate effect.

The question being on the motion to give the bill immediate effect,

Senator Cropsey moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

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.116

The resolution consent calendar was adopted.

Senator Whitmer offered the following resolution:

Senate Resolution No.116.

A resolution in recognition of the 2007 class of recreation and park professionals inducted into the Michigan Recreation and Park Association Hall of Fame.

Whereas, Recognizing recreation and park professionals and special individuals who have made outstanding, unique, lasting, and extraordinary contributions to recreation and park services for persons living in Michigan, it is most appropriate for the members of the Michigan Senate to pause in reflection on the positive influence these individuals have had on improving the quality of life in communities throughout the state of Michigan; and

Whereas, The inductees of the 2007 class of recreation and park professionals and special individuals include: Thomas Chappelle, Sterling Heights; David Ewalt, Pontiac; Kerry Kammer, former Michigan Senator, Pontiac; WilliamSherman, Huron-Clinton Metropolitan Authority; Kenneth Smithee, Genesee County; posthumously, Anthony Filippis, Sr., Wright and Filippis, Rochester; Charles Oxley, Ann Arbor; and Thomas Washington, Michigan United Conservation Clubs; and

Whereas, These early leaders were bold in their willingness to be change agents. Whether identifying leadership traits, reflecting on the mechanics of key accomplishments, or recognizing the significance of being visionaries, much has been learned from these trailblazers in the recreation and park profession. Their achievements have been many at the local, state, national, and international levels; and

Whereas, In addition, these recreation and park professionals have consistently demonstrated important differences they made in people's lives across their Michigan communities. These early professionals were an invaluable source for positioning the profession and providing direction for the future, an evolution that has enabled the Michigan recreation and park profession to be recognized as creating community through people, parks, and programs; now, therefore, be it

Resolved by the Senate, That we hereby offer a unanimous accolade of tribute for the 2007 class of recreation and park professionals inducted into the Michigan Recreation and Park Association Hall of Fame; and be it further

Resolved, That copies of this resolution be transmitted to each inductee as an enduring testimony to the high esteem in which their lives and memories are held by the people of Michigan.

Senators Anderson, Cherry, Clark-Coleman, Olshove, Richardville, Schauer and Switalski were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senators McManus, Brown and Pappageorge introduced

Senate Joint Resolution I, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, sections 1 and 6 of article II, sections 2 and 3 of article IV, section 2 of article VIII, and section 6 of article IX and by repealing section 10 of article II, sections 4, 5, and 6 of article IV, and section 7 of article VII, to repeal constitutional provisions that have been declared unconstitutional.

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

Senators Jelinek, Anderson, Richardville, Pappageorge, Thomas, Gilbert, Basham, Birkholz, Clarke, Barcia, Gleason, Stamas, Garcia, Cherry, Van Woerkom and Whitmer introduced

Senate Bill No.821, entitled

A bill to require identifying marking of certain beverage containers; to prohibit the use of certain reverse vending machines; to prescribe penalties for violations of this act; and to provide for the powers and duties of certain state and local governmental officers and entities.

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

Senators Jelinek, Anderson, Richardville, Pappageorge, Thomas, Gilbert, Birkholz, Clarke, Barcia, Gleason, Stamas, Garcia, Cherry, Van Woerkom and Whitmer introduced

Senate Bill No.822, entitled

A bill to provide standards for reverse vending machines; to prohibit the use, replacement, leasing, transfer, and sales of certain designs of reverse vending machines; to prescribe penalties for violations of this act; and to provide for the powers and duties of certain state and local governmental officers and entities.

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

Senator Jelinek introduced

Senate Bill No.823, entitled

A bill to amend 1965 PA 285, entitled "Private detective license act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 10, 14, 16, 17, 19, 20, 22, 24, 27, and 29 (MCL 338.821, 338.822, 338.823, 338.824, 338.825, 338.826, 338.827, 338.828, 338.830, 338.834, 338.836, 338.837, 338.839, 338.840, 338.842, 338.844, 338.847, and 338.849), sections 1, 2, 3, 4, 5, 6, 7, 10, 14, 16, 17, 20, 22, 24, and 27 as amended by 2002 PA 474.

The bill was read a first and second time by title and referred to the Committee on Economic Development and Regulatory Reform.

Senator Brown introduced

Senate Bill No.824, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by repealing section 3d (MCL 205.93d).

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

House Bill No.5007, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 1203a (MCL 339.1203a), as added by 1997 PA 97.