No. 41

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Wednesday, April 30, 2008.

10:00 a.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—excused 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—excused Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present Olshove—present

Reverend Robert Hinz of Bedford Alliance Church of Temperance offered the following invocation:

Lord Jesus, we just want to thank You that You are the Sovereign God of the universe. We thank You that You have appointed these men and these women as leaders of this state. Lord, I pray that You would please give them the wisdom of Solomon as they make decisions. I pray for a spirit of unity among this body.

Lord, I ask that it would not be an issue of one party versus another party, but the issue would be what is best for the people of the state of Michigan. I pray that You give them keen insight to Your ways and Your desire. I pray for special peace today and a special blessing upon every man and every woman who is gathered here today that You might be glorified, for we ask it in the name of our Lord and Savior Jesus Christ. Amen.

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

Motions and Communications

Senators Bishop, Pappageorge, Gilbert, Jansen, McManus and Basham entered the Senate Chamber.

Senator Thomas moved that Senators Hunter, Barcia and Brater be temporarily excused from today’s session.

The motion prevailed.

Senator Cropsey moved that Senators Garcia and Kuipers be excused from today’s session.

The motion prevailed.

The following communication was received and read:

Office of the Senate Majority Leader

April 29, 2008

Pursuant to MCL 484.1713, I am reappointing Lloyd R. Fayling to the Michigan Emergency Telephone Service Committee. If you have any questions, please contact Bill Sullivan in my office at 373-2417.

Sincerely,

Michael D. Bishop

Senate Majority Leader

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, April 29:

House Bill Nos. 5316 5411 5681 5697 5832

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, April 29, for her approval the following bills:

Enrolled Senate Bill No. 415 at 1:30 p.m.

Enrolled Senate Bill No. 209 at 1:32 p.m.

Enrolled Senate Bill No. 1161 at 1:34 p.m.

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

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

Senate Bill No. 436

Senate Bill No. 222

Senate Bill No. 229

Senate Bill No. 232

Senate Bill No. 238

Senate Bill No. 240

The motion prevailed.

The following messages from the Governor were received:

Date: April 29, 2008

Time: 12:12 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1118 (Public Act No. 115), being

An act to amend 2007 PA 36, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,” (MCL 208.1101 to 208.1601) by adding section 410a.

(Filed with the Secretary of State on April 29, 2008, at 2:34 p.m.)

Date: April 29, 2008

Time: 12:16 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 885 (Public Act No. 117), being

An act to amend 1996 PA 376, entitled “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,” by amending sections 3, 8d, 8e, and 10 (MCL 125.2683, 125.2688d, 125.2688e, and 125.2690), section 3 as amended by 2006 PA 304, section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and section 10 as amended by 2007 PA 186.

(Filed with the Secretary of State on April 29, 2008, at 2:38 p.m.)

Respectfully,

Jennifer M. Granholm

Governor

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

House Bill No. 4507

Senate Bill No. 388

Senate Bill No. 868

Senate Bill No. 511

The motion prevailed.

Senate Bill No. 115, entitled

A bill to amend 2003 PA 226, entitled “Joint municipal planning act,” by amending the title and sections 5 and 7 (MCL 125.135 and 125.137).

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 2003 PA 226, entitled “An act to provide for joint land use planning and the joint exercise of certain zoning powers and duties by local units of government; and to provide for the establishment, powers, and duties of joint planning commissions,” by amending the title and sections 3, 5, and 7 (MCL 125.133, 125.135, and 125.137).

Pursuant to rule 3.202, the bill was laid over one day.

Third Reading of Bills

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

House Bill No. 5798

Senate Bill No. 72

Senate Bill No. 1256

The motion prevailed.

The following bill was read a third time:

House Bill No. 5798, entitled

A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” (MCL 460.1 to 460.10cc) by adding section 6r.

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. 274 Yeas—32

Allen Clark-Coleman Jelinek Sanborn

Anderson Cropsey Kahn Schauer

Basham George McManus Scott

Birkholz Gilbert Olshove Stamas

Bishop Gleason Pappageorge Switalski

Brown Hardiman Patterson Thomas

Cassis Jacobs Prusi Van Woerkom

Cherry Jansen Richardville Whitmer

Nays—0

Excused—5

Barcia Garcia Hunter Kuipers

Brater

Not Voting—1

Clarke

In The Chair: President

Senator Thomas moved that Senator Clarke be temporarily excused from the balance of today’s session.

The motion prevailed.

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

Senator Clarke entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No. 72, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2006 PA 562, and by adding section 811r.

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. 275 Yeas—28

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Birkholz George Kahn Schauer

Bishop Gilbert McManus Scott

Brown Gleason Olshove Stamas

Cassis Hardiman Pappageorge Thomas

Cherry Jacobs Patterson Van Woerkom

Nays—5

Basham Prusi Switalski Whitmer

Clark-Coleman

Excused—5

Barcia Garcia Hunter Kuipers

Brater

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1256, entitled

A bill to amend 2006 PA 152, entitled “An act to allow the requiring of a permit before demonstrating outside of locations in which a funeral service is being held; to allow local units of government to prohibit certain conduct at or near the locations in which a funeral service is being held; to prescribe the powers and duties of certain local governments and officials; and to provide for penalties,” by amending section 3 (MCL 123.1113).

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. 276 Yeas—33

Allen Clarke Jelinek Sanborn

Anderson Cropsey Kahn Schauer

Basham George McManus Scott

Birkholz Gilbert Olshove Stamas

Bishop Gleason Pappageorge Switalski

Brown Hardiman Patterson Thomas

Cassis Jacobs Prusi Van Woerkom

Cherry Jansen Richardville Whitmer

Clark-Coleman

Nays—0

Excused—5

Barcia Garcia Hunter Kuipers

Brater

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 Hardiman 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 without amendment, the following bills:

Senate Bill No. 943, entitled

A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 88.

House Bill No. 5695, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 720 (MCL 257.720), as amended by 2003 PA 142.

House Bill No. 5476, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as added by 2007 PA 133.

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

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1085, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40107a (MCL 324.40107a), as amended by 2003 PA 242.

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.

The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1122, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 8a (MCL 125.2688a), as amended by 2006 PA 476.

Substitute (S-1).

The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.

Resolutions

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

Senate Concurrent Resolution No. 22

Senate Resolution No. 154

Senate Concurrent Resolution No. 27

The motion prevailed.

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

Senate Resolution No. 184

The resolution consent calendar was adopted.

Senator Jansen offered the following resolution:

Senate Resolution No. 184.

A resolution commemorating May 2008 as Children’s Mental Health Month in Michigan.

Whereas, Children need to be healthy in order to learn, grow, and lead productive lives; and

Whereas, Mental health is a key component in a child’s healthy development; and

Whereas, Emotional and mental disorders in children are real and treatable; and

Whereas, There are effective treatments, services, and supports that can help children and youth with mental health problems and those at risk to thrive and live successfully; and

Whereas, Children and youth with mental health challenges are best assisted by communities pulling together to form a system of care using the principles of family-driven, youth-guided, and culturally-appropriate supports; and

Whereas, Stigma associated with mental illness should no longer exist; now, therefore, be it

Resolved by the Senate, That we hereby commemorate May 2008 as Children’s Mental Health Month in Michigan. We express our support for the proactive leadership of the Michigan Department of Community Health, the Association for Children’s Mental Health, Michigan health care providers, quality improvement partners, and consumer advocates in the delivery of effective mental health services in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Community Health and the Association for Children’s Mental Health as a token of our highest esteem.

Senators Anderson, Bishop, Brater, Cherry, Clarke, Gleason, Pappageorge, Schauer and Scott were named co‑sponsors of the resolution.

Senator Scott offered the following resolution:

Senate Resolution No. 183.

A resolution expressing support for the Human Rights Torch Relay.

Whereas, The Chinese communist regime has been granted the honor of hosting the 2008 Olympics in Beijing, with the provision that the nation improve its treatment of Chinese citizens; and

Whereas, Human rights violations have increased in China since this honor was granted; and

Whereas, The Chinese regime imprisons millions of Christian, Tibetan Buddhists, Uyghur Muslims, Falun Gong, democracy advocates, labor organizers, lawyers, journalists, environmental activists, political dissidents, and other innocent citizens in slave labor camps without trial; and

Whereas, The Chinese regime illegally harvests vital body organs for sale without consent from Falun Gong prisoners of conscience; and

Whereas, The Chinese regime continues to occupy Tibet and attempts to erase the cultures of Tibetans and Muslim Uyghurs; and

Whereas, The Chinese regime forces women to get abortions, even in the third trimester of pregnancy, to enforce the “one child per family” rule; and

Whereas, The Chinese regime supports the dictatorships in Sudan, Burma, Zimbabwe, and North Korea in perpetuating slaughter upon their citizens; and

Whereas, The Chinese regime prohibits freedom of religion, and those who practice their faith and beliefs in “underground churches” are arrested, imprisoned, and persecuted; and

Whereas, The Chinese regime prohibits freedom of speech, controls the population with private and public surveillance, and censures information on the Internet; and

Whereas, The Chinese regime prohibits freedom of the press and imprisons more journalists and reporters than any country in the world; and

Whereas, The Olympic Charter calls for the Games to represent “respect for universal fundamental ethical principles” and “the harmonious development of man, with a view to promoting a peaceful society concerned with the preservation of human dignity.” It states that “any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or other reason is inconsistent with membership in the Olympic Movement”; and

Whereas, The Human Rights Torch Relay is an international campaign that seeks to bring an end to all human rights abuses against the people of China and is dedicated to ending human rights abuses by the Chinese communist regime, to re-establishing the mandate of the Olympic Charter, and to preserving the true Olympic spirit; now, therefore, be it

Resolved by the Senate, That the members of this legislative body, on behalf of the people we represent, declare our support for the Human Rights Torch Relay campaign and proclaim April 2008 to be Human Rights Torch Relay Month; and be it further

Resolved, That copies of this resolution be transmitted to organizers of the Human Rights Torch Relay for their leadership and service in helping to end all human rights abuses against the people of China.

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 Commerce and Tourism.

The motion prevailed.

Senators Anderson, Cherry, Clarke, Gleason, Pappageorge and Schauer were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senators Hunter, Barcia and Brater entered the Senate Chamber.

Senators Kahn and Sanborn introduced

Senate Bill No. 1282, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3157 (MCL 500.3157).

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

Senators Kahn, Switalski, Gleason and George introduced

Senate Bill No. 1283, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20135.

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

House Bill No. 5316, entitled

A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 241b (MCL 18.1241b), as added by 1995 PA 38.