No. 21

STATE OF MICHIGAN

Journal of the Senate

95th Legislature

REGULAR SESSION OF 2009

Senate Chamber, Lansing, Wednesday, March 18, 2009.

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 Olshove—present

Anderson—present George—present Pappageorge—present

Barcia—present Gilbert—present Patterson—present

Basham—present Gleason—present Prusi—present

Birkholz—present Hardiman—present Richardville—present

Bishop—present Hunter—present Sanborn—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

Reverend Timothy Dilena of Revival Tabernacle Assembly of Highland Park offered the following invocation:

O God, Your word says in Proverbs 14:34, “Righteousness exalts a nation, but sin is a disgrace to any people.” Help us to know, God, how imperative this is. We know legislation is good. We know that we need it and it’s important, but righteousness is imperative and nonoptional for our state and for our nation.

We believe what You say because You always tell the truth. The greatest sin for us is to need You not when times are tough, but let us need You when good times get ready to come back to our nation because our help comes from You. Our hill is not found in D.C., but according to Psalm 3:4, “It is a holy hill.”

Well, our Big Three, we pray for them and we pray for those leaders and CEOs who need help. We are thankful in heaven that the Big Three are doing just fine—the Father, the Son, and the Holy Spirit.

I thank You for the men and women who are serving us here in Lansing. Your word says in Daniel 2:21 that You will place them here. Give our leaders wisdom this morning; that You have put here wisdom in their decisions, directions desired for them. These are not easy times and many of them feel the weight of so many families depending upon them. Your word says in James that if we need wisdom to ask for it.

Guide our Senators and our Senate, our legislators, and Representatives today. Guide them with conviction to do what is best and to do what is right. When decisions are tough, give them courage to stand, O God. Let them feel not only the weight of their office, but let them feel another hand upon them leading them and telling them they are not alone. That is Your hand.

Thank you for our legislators. Thank You for our Senators. Thank You, Lord God, that You are the one who will begin to give us what we need today to lead and guide this nation.

We pray, Lord God, that You will begin to allow us to become instruments in Your hand. Put Your hand upon us and use us masterfully today, this week, Lord God, to lead our state and to lead the people whom we represent. In Your name, we pray. Amen.

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

Motions and Communications

Senators Garcia, Thomas, Barcia, Kahn, Cherry, Jansen and Clarke entered the Senate Chamber.

The following communication was received and read:

Office of the Speaker of the House of Representatives

March 11, 2009

Pursuant to Public Act 224 of 2004 (MCL 600.108), we are making the following appointments to the State Drug Treatment Court Advisory Committee:

Mr. Christopher M. Luty, 1176 W. Shearer, Sanford, Michigan 48657 (an individual representing law enforcement in a jurisdiction that has had a drug or alcohol treatment court for at least two years).

Ms. Sophia Burr, 1600 Antietam Avenue, #709, Detroit, Michigan 48207 (an individual who has successfully completed a juvenile drug treatment court program).

Regards,

Andy Dillon

Speaker of the House

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, March 17:

House Bill Nos. 4103 4119 4211 4224 4234 4397 4398 4402

Messages from the Governor

The following message from the Governor was received and read:

March 17, 2009

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Sections 16121 and 18505 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.18505:

Michigan Board of Social Work

Ms. Merry S. Battles of 1412 Trails End Street, Kalamazoo, Michigan 49001, county of Kalamazoo, succeeding David P. Stanislaw, who has resigned, appointed to represent certified social workers, for a term commencing March 17, 2009 and expiring December 31, 2012.

Ms. Heather Adams Bell of 2827 Reeds Lake Boulevard, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding Carolyn J. Curran, whose term has expired, appointed to represent the general public, for a term commencing March 17, 2009 and expiring December 31, 2012.

Sincerely,

Jennifer M. Granholm

Governor

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

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 Sanborn 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. 257, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as added by 1997 PA 167.

Substitute (S-2).

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. 258, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 7k.

Substitute (S-2).

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. 259, entitled

A bill to create the office of the legislative child fatality investigator; and to prescribe the powers and duties of the legislative child fatality investigator, the legislative council, certain state departments and officers, and certain county and private agencies serving children.

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. 260, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” (MCL 722.621 to 722.638) by adding section 7l.

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. 261, entitled

A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 7b (MCL 722.627b), as added by 1997 PA 167.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Cropsey moved that the following bills be placed on the Third Reading of Bills calendar to follow Senate Joint Resolution H:

Senate Bill No. 222

Senate Bill No. 108

Senate Bill No. 323

The motion prevailed.

Recess

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

The motion prevailed, the time being 10:28 a.m.

10:59 a.m.

The Senate was called to order by the President pro tempore, Senator Richardville.

The following joint resolution was announced:

Senate Joint Resolution H, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 3 of article IX, to limit the increase in taxable value of real property under certain circumstances.

(This joint resolution was not adopted on March 17 and the motion to reconsider the vote postponed. See Senate Journal No. 20, p. 343.)

The question being on the motion to reconsider the vote by which the joint resolution was not adopted,

The motion prevailed.

The question being on the adoption of the joint resolution,

Senator Whitmer offered the following amendment:

1. Amend page 2, line 15, after “VALUE.” by inserting “FOR TAXES LEVIED AFTER 2009, THE LEGISLATURE SHALL ANNUALLY APPROPRIATE FUNDS SUFFICIENT TO REIMBURSE EACH LOCAL TAXING UNIT THAT LEVIES AN AD VALOREM TAX FOR ANY REVENUE FORGONE AS A RESULT OF THE CALCULATION OF THE TAXABLE VALUE OF PROPERTY PURSUANT TO THE IMMEDIATELY PRECEDING SENTENCE.”.

The amendment was not adopted, a majority of the members serving not voting therefore.

Senator Thomas requested the yeas and nays.

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

The amendment was not adopted, a majority of the members serving not voting therefor, as follows:

Roll Call No. 59 Yeas—15

Anderson Cherry Jacobs Switalski

Barcia Clark-Coleman Olshove Thomas

Basham Clarke Prusi Whitmer

Brater Gleason Scott

Nays—22

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Hunter Pappageorge Van Woerkom

Cropsey Jansen

Excused—0

Not Voting—0

In The Chair: Richardville

The question being on the adoption of the joint resolution,

The joint resolution was adopted, 2/3 of the members serving voting therefor, as follows:

Roll Call No. 60 Yeas—29

Allen Clark-Coleman Hunter Pappageorge

Anderson Cropsey Jansen Patterson

Barcia Garcia Jelinek Richardville

Basham George Kahn Sanborn

Birkholz Gilbert Kuipers Stamas

Bishop Gleason McManus Thomas

Brown Hardiman Olshove Van Woerkom

Cassis

Nays—8

Brater Clarke Prusi Switalski

Cherry Jacobs Scott Whitmer

Excused—0

Not Voting—0

In The Chair: Richardville

Senators Allen, Barcia, Basham, Birkholz, Bishop, Brown, Cropsey, Garcia, Gilbert, Gleason, Hardiman, Hunter, Jansen, Jelinek, Kahn, Kuipers, McManus, Patterson and Sanborn were named co‑sponsors of the joint resolution.

Protests

Senators Switalski, Cherry, Brater, Whitmer, Clarke and Jacobs, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Joint Resolution H.

Senators Switalski, Clarke and Jacobs moved that the statements they made during the discussion of the joint resolution be printed as their reasons for voting “no.”

The motion prevailed.

Senator Switalski’s statement, in which Senators Cherry, Brater and Whitmer concurred, is as follows:

Yesterday I talked about how Senate Joint Resolution H is a tax increase. Today I want to talk about fairness. What is fair? The Michigan Constitution says it is fair that everybody pays the same. The Constitution says that we should pay 50 percent of the value of our house. Now is it fair that one person pays 50 percent and another pay 30 percent? No, that is two-thingsism. Under Proposal A, we said we would tolerate a limited amount of two-thingsism. Proposal A capped growth and taxable value below the rate of market value with the understanding that the discounted property would eventually catch up.

Now we are told there is a great injustice upon the land. How can taxable value go up when market value goes down? That is like saying how can rain come down when the temperature goes up? The Constitution says fairness is that everybody pays 50 percent. Which is more fair, one homeowner paying 50 percent while the other pays 30 percent or the other homeowner paying 35 percent? Wouldn’t 35 percent be fair, especially to the majority of people who are paying 50 percent? I checked with the equalization directors in Oakland and Macomb Counties and 60 percent of the households have no gap anymore between taxable and market value, and they are paying 50 percent. That number is growing.

Why is it fair to keep the minority with their full discount of 50 percent? Mr. President, say we live next door to each other and we have exactly the same house. You are paying taxes on $125,000 and I am paying on $150,000. Now suppose that if this Senate Joint Resolution H passes, a buyer walks up. He can buy either one of our houses for $150,000, but if he buys yours, he will save $25,000 in the tax. I am being cheated. Not only do I have to pay more tax, but now you get to sell your house ahead of me because of your tax discount. That is completely unfair. It is two-thingsism.

Senate Joint Resolution H will put this unfairness into the Constitution. Defeat Senate Joint Resolution H.

Senator Clarke’s statement is as follows:

I believe that we can address the apparent unfairness of someone whose property value is dropping, yet his or her tax burden may be increasing. We can address that issue as well as the local units of government budgetary concerns of providing essential services to the taxpayers. By doing one thing, we can by legislation, not by changing the Constitution, give the local taxing units the authority to freeze the property tax base in their community. This would provide that homeowner with the tax relief that we all need, but also it would allow that local unit of government to make the decision whether they want to freeze the tax base to attract more residents to their community and weigh that against the loss of increased revenue that they would otherwise receive.

Local units of government have lost a lot of money because this Legislature has not addressed the foreclosure process. I believe that we should address the foreclosure problem by keeping families in their homes who have the ability to maintain their property. That would also help maintain their tax base. We don’t need to change the Constitution. All we need to do is give local units of government the authority to freeze property tax bases. That is a responsible way to do it.

Senator Jacobs’ first statement is as follows:

I just have to respond to my good friend, the Senator from Troy. The very reason that you spoke against this amendment is the reason that I am telling you that we need to vote for this amendment. It is the problem that I have with this entire Senate joint resolution.

Yes, indeed, we are losing $100 million a month. We cannot afford to keep our doors open keeping things the way that they are here. Now we are going to take another $250 million hit—$77 million to our school budget. I feel like I am living in a 3-D movie. This doesn’t make sense. We must at least try to make whole the services that we need to basically keep our doors open in Michigan. In this bad economy, the demand for government services is even greater. We know homes go into foreclosure. We need to know that there is an increase for public safety. I heard the city of Pontiac only has 66 police officers right now for that city. Can they take the hit that they will take if we don’t pass this amendment? If this amendment doesn’t pass, to take the hit that they will get? The same kind of hit that Muskegon will get and Flint will get. You know, some of these urban areas that are being decimated right now.

So I think we need to at least support the Whitmer amendment if we are going to do anything that is fiscally responsible out of this chamber today.

Senator Jacobs’ second statement is as follows:

You know, when Proposal A was passed, I voted against it even though I knew that I was going to be a great beneficiary of it. I was paying a lot in taxes. My property taxes were cut in half, and I am still, fifteen years later, enjoying the benefits of Proposal A. Not everybody in Michigan has been in their home like I have for 30 years.

Now again, today, we are going to pass something that will totally benefit me again, but it is not going to benefit the other 50 percent of people in Michigan who really do need their property tax relief. I think that Senator Switalski did a really good job explaining that.

You know, under our watch, since 2001 revenue sharing is down—are we ready—$3 billion. That’s $3 billion under our watch since 2001. So what we are going to do again today is put another nail in the coffin for local services that are barely able to meet the needs of our constituents. So I think we should be very careful and very thoughtful before we push this button in a minute or so. This is really not good public policy, although it is great populist policy.

When I was a younger person, I really thought about going to medical school. The reason I decided not to was I was nervous about making life-and-death decisions. I just didn’t want that responsibility. I fast forward and here I am in the Legislature and I feel like every day I do make those life-and-death decisions.

I think this is one of those very, very tough votes that we have to take as legislators. I understand where everybody is coming from on both sides of the aisle, as well as various philosophies, but I certainly don’t want our communities to die and wither under my watch. That is why I urge my colleagues not to adopt Senate Joint Resolution H.

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

The motion prevailed.

Senator Whitmer’s statement is as follows:

I rise today to offer an amendment to this joint resolution before us. Yesterday I spoke against the resolution because there is a huge price tag that is associated with the passage of this. I was opposed yesterday because of the hit to the locals—the police protection, fire protection, and to our schools; to put it more simply, cops and kids.

This amendment will ensure that they are protected from those devastating cuts; protecting those who protect us—the cops; and protecting those who need us the most—kids. Repeatedly, the sponsor insisted that this was not a cut.

So I would hope for his support on this amendment. Let’s ensure that there is no cut to cops or to kids. I ask for your support.

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. 22

The resolution consent calendar was adopted.

Senator Kuipers offered the following resolution:

Senate Resolution No. 22.

A resolution recognizing March 1-7, 2009, as School Social Worker Week in the state of Michigan.

Whereas, The Michigan Association of School Social Workers is a professional organization serving more than 900 members; and

Whereas, School social workers are vital members of a school’s educational team, playing a central role in creating partnerships among home, school, and community to ensure student academic success and promote effective transitions for students from school to productive adult lives; and

Whereas, School social workers specialize in providing services to all students, especially those who face enormous challenges from poverty, discrimination, abuse and neglect, addiction, divorce of parents, loss of a loved one, developmental delays, cognitive and learning disabilities, emotional impairment, and autistic spectrum disorder, as well as physical and other health problems; and

Whereas, There is a growing need for school districts to provide the services offered by school social workers to address school violence, bullying, peer pressure, and student behavior problems which reduce the opportunity for all students to achieve their full potential for academic success and personal development; and

Whereas, School social workers are in a unique position to address pressing social and environmental problems, such as homelessness, student and family crises, and the issues of truancy, unplanned pregnancy, and school drop-outs; and

Whereas, One in ten children suffers from a serious emotional or mental disturbance, but over half of their primary-care providers never ask parents if they have concerns about the mental health of their child. Parents of one in four children diagnosed with a serious mental health problem report difficulty getting needed mental health services for their children. School mental health services, including the diagnostic, therapeutic, referral, and case management services provided by school social workers, are a readily-accessible and effective way to help families obtain the mental health services their children need to improve their emotional well-being and educational outcomes; and

Whereas, School social workers are uniquely trained, licensed, and certified professional mental health service providers. They possess specialized clinical skills, extensive experience, and ongoing professional development which equips them to understand child development and the psychopathology of mental health conditions, such as depression, anxiety, autism spectrum disorder, eating disorders, attention deficit and hyperactivity disorder, and other emotional and adjustment challenges that our children face; and

Whereas, School social workers develop and implement treatment plans, behavior intervention plans, and prevention and crisis intervention services that deal with school violence, suicide, and other traumatic events that have significant impacts on students, teachers, and the entire school; now, therefore, be it

Resolved by the Senate, That the members of this legislative body recognize March 1-7, 2009, as School Social Worker Week; and be it further

Resolved, That we congratulate the Michigan Association of School Social Workers and commend the organization for the valuable role it plays in providing for the mental, physical, and emotional well-being of the young people of the great state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Association of School Social Workers as a token of our esteem.

Senators Anderson, Basham, Birkholz, Brater, Gleason, Jacobs, Pappageorge, Switalski and Van Woerkom were named co‑sponsors of the resolution.

Introduction and Referral of Bills

Senator Cherry introduced

Senate Bill No. 391, entitled

A bill to amend 2006 PA 479, entitled “Michigan promise grant act,” by amending section 4 (MCL 390.1624), as amended by 2008 PA 517.

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

Senators Basham, Kahn, Jelinek and Prusi introduced

Senate Bill No. 392, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 82 (MCL 750.82), as amended by 1994 PA 158.

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

Senators Basham, Kahn, Jelinek and Prusi introduced

Senate Bill No. 393, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2005 PA 336.

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

House Bill No. 4083, entitled

A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 11 (MCL 125.2011), as amended by 1987 PA 278.