No. 78

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Tuesday, September 23, 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—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—excused

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

Clarke—present McManus—present Whitmer—present

Cropsey—present Olshove—present

Minister Joshua Graves of Rochester Church of Christ of Rochester Hills offered the following invocation:

God, we acknowledge You as Creator and Sustainer of this world. You have charged us to be good stewards of Your creation and Your children. And this morning we confess our fragility in this project as we sometimes fall short. At times we vote out of fear. At times we don’t tell the truth because the truth won’t get us what we want. At times we’re prone and tempted to spin reality, hoping our creative tales will buy us one more day. So we ask that You hear our confession today.

We are Republican and we are Democrat. We pray to the same God, read from the same holy text, and we attempt to interpret the same Constitution. Yet our understanding of You, our implementation of these texts, and our convictions regarding the Constitution are varying, often at odds.

So we pray that You would comfort those this morning who are broken, distressed, and without hope. We ask that You give those of us who have been blessed the courage to live our lives as a blessing to everyone around us. Help us to take our jobs seriously, knowing that work is a gift from You. Help us not to take ourselves too seriously, lest we think that our passions and beliefs are the only ones that count.

As we work today, remind us that the future belongs to the creatively maladjusted. As we work today, remind us that we are caught up in an inescapable mutuality. As we work today, remind us that there is no greater love than a love which compels a human to lay down his life for his neighbor.

You’ve created us from dust and from dust we shall return. That You have breathed life into all of us is something that we cannot fully comprehend. It’s that knowledge which drives us to live a life worth believing in. Amen.

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

Motions and Communications

Recess

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

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

10:36 a.m.

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

During the recess, Senators Gleason, Hunter, Schauer, Van Woerkom, Jansen, Jelinek, Stamas, Cassis, Hardiman, Pappageorge, Bishop, George, Richardville, Kahn, Birkholz, Garcia and Allen entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 18:

House Bill Nos. 6059 6091 6130 6200 6226 6238 6297 6298 6385 6406 6414 6415

The Secretary announced that the following official bills and joint resolution were printed on Thursday, September 18, and are available at the legislative website:

Senate Bill No. 1523

House Bill Nos. 6458 6459 6460 6461 6462 6463 6464 6465

House Joint Resolution MMM

The Secretary announced that the following official bills were printed on Friday, September 19, and are available at the legislative website:

Senate Bill Nos. 1508 1509 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521

1522 1524 1525 1526

House Bill Nos. 6466 6467 6468 6469 6470 6471 6472 6473 6474 6475 6476 6477 6478 6479

6480 6481 6482 6483 6484 6485 6486 6487 6488 6489 6490

By unanimous consent the Senate proceeded 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

House Bill No. 4507

Senate Bill No. 868

Senate Bill No. 239

Senate Bill No. 1038

The motion prevailed.

Senate Bill No. 834, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as added by 2006 PA 124.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senator Anderson moved that Senator Thomas be excused from today’s session.

The motion prevailed.

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. 493

House Bill No. 4468

House Bill No. 4469

House Bill No. 5351

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 493, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16342 and part 176.

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. 560 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Thomas

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4468, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601b (MCL 257.601b), as amended by 2003 PA 314.

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. 561 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Thomas

Not Voting—0

In The Chair: President

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

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4469, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2004 PA 26.

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. 562 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Thomas

Not Voting—0

In The Chair: President

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

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5351, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 611a.

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. 563 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—1

Thomas

Not Voting—0

In The Chair: President

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

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Motions and Communications

The following communications were received and read:

Office of the Senate Majority Leader

September 23, 2008

Pursuant to Senate Rule 3.203, I am hereby re-referring House Bill 6365 and House Bill 6366 from the Senate Committee on Education to the Senate Committee on Agriculture.

If you have any questions regarding this matter, please do not hesitate to contact me.

September 23, 2008

Pursuant to Senate Rule 3.203, I am hereby re-referring Senate Bill 1516 from the Senate Committee on Education to the Senate Committee on Banking and Financial Institutions; also hereby re-referring Senate Bill 1517 from the Senate Committee on Local, Urban and State Affairs to the Senate Committee on Banking and Financial Institutions.

If you have any questions regarding this matter, please do not hesitate to contact me.

Respectfully yours,

Michael D. Bishop

Senate Majority Leader

The communications were referred to the Secretary for record.

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, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

Senate Bill No. 1422, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 431a (MCL 208.1431a), as added by 2008 PA 92.

Substitute (S-3)

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. 181

Senate Resolution No. 200

The motion prevailed.

Senators Barcia, Kahn, Gleason and Prusi offered the following resolution:

Senate Resolution No. 221.

A resolution to urge the Director of the Michigan Department of Natural Resources and the Natural Resources Commission to lift the ban on deer baiting in the Lower Peninsula and to take certain actions to protect the health of the state’s deer herd.

Whereas, The state of Michigan adopted the Michigan Surveillance and Response Plan for Chronic Wasting Disease in 2002. The plan calls for an immediate ban on baiting and supplemental feeding of cervids in a peninsula of this state in which chronic wasting disease (CWD) is found; and

Whereas, In August 2008, chronic wasting disease was confirmed in a three-year old privately owned white tail deer at a captive cervid ranch in Kent County. Pursuant to the Michigan Surveillance and Response Plan for Chronic Wasting Disease, the Director of the Michigan Department of Natural Resources immediately issued an interim order banning the baiting and feeding of deer in Michigan’s Lower Peninsula; and

Whereas, It is now known that all of the other deer at the Kent County ranch have tested negative for chronic wasting disease. The epidemiology investigation of the infected deer has not shown the presence of chronic wasting disease at related captive cervid operations, and chronic wasting disease has not been shown to be present in Michigan’s free ranging deer population; and

Whereas, Broad baiting bans have not been shown to be an effective means to control chronic wasting disease, leading states such as Wisconsin to not implement broad baiting bans to stop the spread of the disease; and

Whereas, A broad ban on baiting in Michigan’s Lower Peninsula is anticipated to result in lowered participation in the 2008 archery and firearms deer seasons, resulting in a decreased rate of harvest; and

Whereas, Many of the deer management units in Michigan, particularly in the southern Lower Peninsula, are already over-populated; and

Whereas, A decreased rate of harvest would result in greater deer density in the wild deer population and an increased rate of motorized vehicle collisions with deer with the potential for the loss of human life; and

Whereas, A ban on baiting throughout the entire Lower Peninsula for 2008 would result in millions of dollars of economic cost to farmers and retailers and would result in a wide ranging loss of employment and the ruin of some small markets, stores, and farms; now, therefore, be it

Resolved by the Senate, That we urge the Director of the Michigan Department of Natural Resources to lift the ban on the baiting of deer in Michigan’s entire Lower Peninsula without delay and to apply a ban on the baiting of deer to the Kent County CWD surveillance zone, those areas in close proximity to the zone as is deemed reasonable to control the spread of chronic wasting disease in central west Michigan, and those areas in which baiting is currently banned as part of the effort to control the spread of bovine tuberculosis; and be it further

Resolved, That we request the Michigan Natural Resources Commission to conduct public hearings on the baiting of deer and elk in Michigan and to use sound scientific management to issue rules regarding baiting, taking into account the management, economic, and social impact of baiting and its effects on the health of the state’s deer herd; and be it further

Resolved, That copies of this resolution be transmitted to the Governor of Michigan, the Director of the Michigan Department of Natural Resources, and the Michigan Natural Resources Commission.

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 Hunting, Fishing and Outdoor Recreation.

The motion prevailed.

House Concurrent Resolution No. 87.

A concurrent resolution to request that the U.S. Fish and Wildlife Service extend indefinitely the depredation order for double-crested cormorants.

Whereas, The double-crested cormorants are dramatically depleting the public and private fishing industry throughout the Great Lakes and on inland lakes and streams. The destruction of the fisheries population is causing havoc to our recreational, tourist, and commercial industries; and

Whereas, The cormorants are also causing tree and vegetation destruction at an accelerated rate. The destruction is not limited to natural resources, but includes bridge and lighthouse deterioration. Public swimming beaches are being closed due to cormorant feces which poses a public health hazard in addition to its excessive and unpleasant odor; and

Whereas, The increase of the double-crested cormorant population has caused significant devastation to Michigan’s Les Cheneaux Islands, destroying vegetation and depleting the yellow perch population. The cormorant population increase is being reversed through the U.S. Department of Agriculture Wildlife Services reduction program which includes egg oiling. This program has led to improved fish reproduction and improvements in the fish populations; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we request that the U.S. Fish and Wildlife Service extend indefinitely the depredation order for double-crested Cormorants; and be it further

Resolved, That copies of this resolution be transmitted to the U.S. Fish and Wildlife Service, the United States Department of Agriculture Wildlife Services Division, and the members of the Michigan congressional delegation.

The House of Representatives has adopted the concurrent resolution.

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 Natural Resources and Environmental Affairs.

The motion prevailed.

Senators Gleason and Switalski were named co‑sponsors of the concurrent resolution.

Introduction and Referral of Bills

Senator Thomas introduced

Senate Bill No. 1527, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2006 PA 298, and by adding section 602b.

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

Senator Thomas introduced

Senate Bill No. 1528, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 907 (MCL 257.907), as amended by 2006 PA 298, and by adding section 602b.

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

Senator Stamas introduced

Senate Bill No. 1529, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17048 (MCL 333.17048), as amended by 1996 PA 355.

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

Senator Stamas introduced

Senate Bill No. 1530, entitled

A bill to amend 1962 PA 192, entitled “Professional service corporation act,” by amending sections 2 and 4 (MCL 450.222 and 450.224), section 2 as amended by 1998 PA 48 and section 4 as amended by 2000 PA 335.

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

Senator Stamas introduced

Senate Bill No. 1531, entitled

A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 902 and 904 (MCL 450.4902 and 450.4904), section 902 as amended by 1997 PA 52 and section 904 as amended by 2000 PA 333.

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

Senator Jelinek introduced

Senate Bill No. 1532, entitled

A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” (MCL 445.571 to 445.576) by adding section 2a.

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

Senators Hardiman, Allen and McManus introduced

Senate Bill No. 1533, entitled

A bill to amend 1950 (Ex Sess) PA 21, entitled “An act to create the Mackinac bridge authority, and to prescribe its powers and duties; to provide for the determination of the physical and financial feasibility of a bridge connecting the upper and lower peninsulas of Michigan; to provide for a board of consulting engineers, and to prescribe its powers and duties; and to make an appropriation to carry out the provisions of this act,” (MCL 254.301 to 254.302) by amending the title and by adding section 1a.

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

Senator Allen introduced

Senate Bill No. 1534, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2080 (MCL 500.2080), as amended by 1986 PA 318.

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

Senators George, Brown, Cassis, Gilbert and Jansen introduced

Senate Bill No. 1535, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 455 (MCL 208.1455), as added by 2008 PA 77.

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

Senator Gilbert introduced

Senate Bill No. 1536, entitled

A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” by amending section 10 (MCL 474.60), as amended by 1998 PA 235.

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

House Bill No. 6059, entitled

A bill to amend 1997 PA 70, entitled “Compulsive gaming prevention act,” by amending section 3 (MCL 432.253).