No. 14

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Wednesday, February 13, 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—excused

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 Jason E. Allen of the 37th District offered the following invocation:

Dear Lord, we thank You for this day. We are grateful for the responsibility that You have given to us. Thank You for our state. Thank You for our people. Thank You for our industry. Thank You for our agriculture, and thank You for our commerce; and, yes, especially, thank you for this weather.

Give us Your guidance, wisdom, and insights as we face the future. 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 Gleason, Barcia, Jansen and Jelinek entered the Senate Chamber.

Senator Thomas moved that Senators Jacobs, Clarke, Hunter and Schauer be temporarily excused from today’s session.

The motion prevailed.

Senator Schauer entered the Senate Chamber.

Senator Cropsey moved that Senators Hardiman, Pappageorge, Brown and Garcia and be temporarily excused from today’s session.

The motion prevailed.

Senator Cropsey moved that Senator Sanborn be excused from today’s session.

The motion prevailed.

The Secretary announced that the following official bills and joint resolution were printed on Tuesday, February 12, and are available at the legislative website:

Senate Bill Nos. 1086 1087

Senate Joint Resolution K

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 message from the Governor was received:

Date: February 12, 2008

Time: 10:00 a.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 577 (Public Act No. 6), being

An act to regulate certain persons building certain residential structures; to provide for certain disclosures and prescribe certain limitations regarding the transfer of that residential structure; and to provide for remedies and penalties.

(Filed with the Secretary of State on February 12, 2008, at 10:37 a.m.)

Respectfully,

Jennifer M. Granholm

Governor

Senators Jacobs and Clarke entered the Senate Chamber.

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 Switalski 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. 4650, entitled

A bill to revise the standards under which courts of this state recognize foreign money judgments; to establish procedures for the recognition of foreign money judgments; to limit the time within which an action to enforce a foreign money judgment may be commenced; to make uniform the law relating to the enforcement of foreign money judgments; and to repeal acts and parts of acts.

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. 192, entitled

A bill to amend 1955 PA 133, entitled “An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States,” by amending section 3 (MCL 32.273), as amended by 2002 PA 121.

Substitute (S-1).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 2, line 5, after “EMPLOYEE” by striking out “GIVES NOTICE” and inserting “REPORTS TO WORK OR APPLIES”.

2. Amend page 5, line 15, after “AFTER” by striking out “GIVING THE EMPLOYER WRITTEN NOTICE” and inserting “REPORTING TO WORK OR APPLYING TO THE EMPLOYER”.

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

During the Committee of the Whole, Senators Pappageorge, Kahn, Garcia and Hardiman entered the Senate Chamber.

Resolutions

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

Senate Concurrent Resolution No. 22

The motion prevailed.

Senate Resolution No. 86.

A resolution to memorialize the Congress of the United States to reject legislation that would preempt the authority of the Great Lakes states to curb the release of ballast water.

The question being on the adoption of the following committee substitute:

Substitute (S-2).

The substitute was not adopted.

Senator Patterson offered the following substitute:

A resolution to memorialize the Congress of the United States to reject legislation that would preempt the authority of the Great Lakes states to curb the release of ballast water.

Whereas, Ballast water discharges from ships entering the Great Lakes are the leading pathway for the introduction of aquatic invasive species. Since the opening of the St. Lawrence Seaway in 1959, ocean-going ships have introduced more than 30 new species to the Great Lakes; and

Whereas, Once introduced and established, aquatic invasive species are nearly impossible to eliminate and costly to control. Zebra mussels and other aquatic invasive species introduced from ballast water have irrevocably changed the Great Lakes and directly cost cities and industries—and indirectly cost Great Lakes residents—tens of millions of dollars per year to control; and

Whereas, Current federal ballast water regulations designed to protect the Great Lakes are ineffective. At least eleven new aquatic invasive species have been introduced from ballast water since current requirements for ballast water exchange with open ocean water went into effect, including the recent introduction of viral hemorrhagic septicemia (VHS) that directly threatens the $4.5-billion Great Lakes fishery; and

Whereas, The ocean-going shipping industry has shown little urgency over the last two decades to develop and install ballast water treatment technology, even as it introduced more and more aquatic invasive species to new regions. Rather, the industry has continuously fought efforts in the United States Congress, state legislatures, and the courts to require expeditious treatment of their ballast water. For every year treatment is not required for ballast water, an additional one to two new species, with unknown but potentially devastating impacts, make the Great Lakes their permanent home; and

Whereas, The state of Michigan has succeeded in identifying and requiring treatment technologies that would provide additional protection to the Great Lakes; and

Whereas, Michigan and other states bear primary responsibility for protecting the health and safety of their citizens and the integrity of natural resources for their citizens. The Congress of the United States acknowledged the authority for the Great Lakes states to act unilaterally to protect and preserve the waters of the Great Lakes Basin in the federal Clean Water Act and the National Invasive Species Act, as affirmed this past summer by the United States District Court for the Eastern District of Michigan; and

Whereas, Federal ballast water legislation, such as the Coast Guard Authorization Act of 2007 (H.R. 2830) and the Ballast Water Management Act of 2007 (S. 1578), would preempt Michigan’s efforts to protect its waters from further degradation. Preempting state actions before strong federal treatment standards are in place would leave the Great Lakes vulnerable to future invasions and would trample on fundamental states’ rights to protect their natural resources. This shortsighted approach undermines the millions of dollars and thousands of hours spent each year working to restore the Great Lakes to a healthy, self-sustaining system; and

Whereas, The Coast Guard Authorization Act of 2007 and the Ballast Water Management Act of 2007 would also set a precedent for future federal actions that restrict state authority to protect essential natural resources. Clearly, Michigan and other states are best suited to make decisions that keep waters safe, clean, and healthy for its residents with regulations, when needed, above and beyond minimum federal requirements; now, therefore, be it

Resolved by the Senate, That we memorialize the Congress of the United States to reject legislation that would preempt the authority of the Great Lakes states to curb the release of ballast water; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The substitute was adopted.

The resolution, as substituted, was adopted.

Senators Barcia and Kuipers were named co‑sponsors of the resolution.

Senator Gleason offered the following resolution:

Senate Resolution No. 147.

A resolution designating February 2008 as Michigan Craniofacial Awareness Month.

Whereas, Each year more than 100,000 children in the United States are either born with or develop a craniofacial condition which involves the head and neck. It typically results from abnormal growth patterns in the bones of the face and skull, causing moderate or severe disfigurement; and

Whereas, Hereditary and congenital conditions such as Down’s Syndrome and cleft lip and palate are the leading causes of facial disfigurement. Hundreds of thousands of others suffer facial disfigurement from trauma and diseases, including cancer; and

Whereas, Many syndromes that affect the facial bones can result in mental retardation and even death if not treated through surgical procedures. However, surgery to expand the underdeveloped facial bones and skull can lead to very normal and even an above-normal intelligence level. The abilities of affected individuals are very often underestimated; and

Whereas, Advanced medical technology can save people who might otherwise die from accidents or burns, but their faces remain affected. People with craniofacial conditions often experience emotional isolation and rejection and live in seclusion from society; and

Whereas, Early diagnosis and surgical corrections encompassing a broad spectrum of reconstructive procedures aimed at correcting differences of the cranium and face can minimize potential problems associated with craniofacial conditions and improve appearance, as well as facial function, while easing the emotional stress for the child and family; and

Whereas, Correcting facial differences improves the self-esteem and confidence in those affected. Increasing public awareness, acceptance, and fostering a respect for the dignity of persons with craniofacial differences gives them hope for a better future and allows them a fuller, happier, and more productive life; and

Whereas, Mutual support organizations are now forming to help the facially disfigured, their families, and the professionals who care for them. Through media, newsletters, and the Internet, people throughout our state and nation offer shared experiences and resources for recovery. These praiseworthy mutual support groups encourage people to esteem the person behind every face; and

Whereas, Various foundations and institutions are also addressing their needs by funding programs for research and education regarding craniofacial conditions and funding surgical and nonsurgical treatment for people from our country and around the world; and

Whereas, Because of the difficulties presented to persons who look “different,’’ it is important that the public understand the exceptional challenges confronting people with craniofacial conditions. Personal and community outreach efforts to befriend and assist persons with craniofacial conditions deserve our cooperation, participation, and recognition; now, therefore, be it

Resolved by the Senate, That we hereby designate the month of February 2008 as Craniofacial Awareness Month in Michigan to encourage all citizens to become better informed of craniofacial conditions and advances in medical treatment; and be it further

Resolved, That a copy of this resolution be transmitted to Saydee L. Robinson of Montrose, Michigan, as a reflection of our support of her leadership and efforts on behalf of those suffering from craniofacial conditions.

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 resolution was adopted.

Senator Cropsey moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution.

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

Senator Brown entered the Senate Chamber.

By unanimous consent the Senate returned 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. 786

Senate Bill No. 1007

Senate Bill No. 1008

Senate Bill No. 626

Senate Bill No. 1049

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 786, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8401 (MCL 600.8401), as amended by 1999 PA 27.

The question being on the passage of the bill,

Senator Whitmer offered the following amendment:

1. Amend page 1, line 6, after “~~$3,000.00~~” by striking out “$6,000.00” and inserting “$5,000.00”.

The amendment was adopted, a majority of the members serving voting therefor.

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. 39 Yeas—34

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Scott

Basham Cropsey Kahn Stamas

Birkholz Garcia Kuipers Switalski

Bishop George McManus Thomas

Brater Gilbert Olshove Van Woerkom

Brown Gleason Pappageorge Whitmer

Cassis Hardiman

Nays—2

Patterson Schauer

Excused—2

Hunter Sanborn

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. 1007, entitled

A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending sections 2, 3, 4, 5, 6, 7, 20, 30, 31, 33a, 41, 44, 50, 53, 60, 61, 62, 63, 68, and 69 (MCL 288.472, 288.473, 288.474, 288.475, 288.476, 288.477, 288.490, 288.500, 288.501, 288.503a, 288.511, 288.514, 288.520, 288.523, 288.530, 288.531, 288.532, 288.533, 288.538, and 288.539), section 33a as added by 2004 PA 277.

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. 40 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Schauer

Basham Cropsey Kahn Scott

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays—0

Excused—2

Hunter Sanborn

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. 1008, entitled

A bill to amend 2001 PA 267, entitled “Manufacturing milk law of 2001,” by amending sections 10, 11, 12, 13, 15, 16, 17, 70, 90, 110, 110a, 111, 113, 114, 115, 116, 119, 125, 130, 131, 136, 137, 139, 140, 142, 143, 152, and 159 (MCL 288.570, 288.571, 288.572, 288.573, 288.575, 288.576, 288.577, 288.630, 288.650, 288.670, 288.670a, 288.671, 288.673, 288.674, 288.675, 288.676, 288.679, 288.685, 288.690, 288.691, 288.696, 288.697, 288.699, 288.700, 288.702, 288.703, 288.712, and 288.719), section 110a as added by 2004 PA 282.

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. 41 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Schauer

Basham Cropsey Kahn Scott

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays—0

Excused—2

Hunter Sanborn

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. 626, entitled

A bill to prohibit certain dog races; to prohibit the simulcasting of certain dog races; and to prescribe penalties.

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. 42 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Schauer

Basham Cropsey Kahn Scott

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Gleason Pappageorge Van Woerkom

Cassis Hardiman Patterson Whitmer

Nays—0

Excused—2

Hunter Sanborn

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Senator Hunter entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No. 1049, 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 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. 43 Yeas—24

Allen Cassis Hardiman Olshove

Barcia Cropsey Jansen Pappageorge

Basham Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Stamas

Brown Gleason McManus Van Woerkom

Nays—13

Anderson Clarke Prusi Switalski

Brater Hunter Schauer Thomas

Cherry Jacobs Scott Whitmer

Clark-Coleman

Excused—1

Sanborn

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

Statements

Senators Cropsey and Scott asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Cropsey’s statement is as follows:

Last week, I rose to ask the Governor to give us a budget for the Michigan Department of Corrections that was based on law and not on wishful thinking. Sadly, we were given a budget for the Michigan Department of Corrections that has a hole of at least $17 million, and if we include also the promise on telephone fees and unidentified efficiencies, the budget hole is over $40 million.

Today the Michigan Department of Corrections subcommittee will meet at 3:00 p.m. or immediately following the full Appropriations Committee meeting, whichever is later. I do expect that the full Appropriations Committee will probably go past 3:00 p.m. Before the budget overview by the Senate Fiscal Agency, I will be showing a PowerPoint presentation that lays out the truth behind crime in Michigan and the Michigan Department of Corrections budget, such as their claim that we incarcerate prisoners at a higher rate than surrounding states.

What got me digging into these facts is that about a year ago, the Michigan Department of Corrections made public comments last summer that they ended prisoner work crews. They told the media that while they charged local units of government $15 per prisoner per day, it actually cost $150 per prisoner per day. I did a little calculation, and at $150 per prisoner per day, that’s $234,000 to $312,000 per year to pay for the oversight of one officer and whatever supervision exists for that officer. I have yet to meet an officer who gets paid that much, even with overtime. When I asked the department about this figure, they lowered the costs by one-third, but that is still about twice what an officer gets paid. The media was never given this new figure, or at least they never reported on it, and I began to wonder how the department could be so wrong on its calculations.

I started asking the same question I always do of every budget: Where does the money go? And from there, I have found lots of empirical data that rebuts what the Michigan Department of Corrections has been telling the media. I would encourage the media to sit in on the Corrections subcommittee and see what we have found thus far, and I haven’t even started on what is meant by recidivism or repeat offenders, which is what is really driving our prison population.

While I commend the Michigan Department of Corrections for making efforts, albeit several unsuccessful efforts to control their costs, starting today, we will focus on the facts. No more smoke. No more mirrors. To quote a TV figure from my generation, “Just the facts, ma’am.”

Senator Scott’s statement is as follows:

Louis Armstrong—you all know who he is—always said that there are people who if they don’t know, you can’t tell them. On my worst days, I share his view as it applies to some of my colleagues here in this chamber. Some days I feel like they just don’t know, and, believe me, I get tired of telling them. Then I remember my promise and I rise once again to remind them all about fairness, equality, and providing relief from some biased and excessive insurance premiums. Some of you still don’t know, but my pledge is to keep telling you until you do.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Patterson introduced

Senate Bill No. 1088, entitled

A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” (MCL 484.2101 to 484.2604) by amending the title; and to repeal acts and parts of acts.

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

Senator Gleason introduced

Senate Bill No. 1089, entitled

A bill to amend 1917 PA 350, entitled “An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act,” by amending the title and sections 1, 2, 3, 4, 5, and 8 (MCL 445.401, 445.402, 445.403, 445.404, 445.405, and 445.408), sections 1, 2, 3, 4, 5, and 8 as amended by 2006 PA 675; and to repeal acts and parts of acts.

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

Senators Cherry, Richardville, Olshove, Prusi, Anderson and Scott introduced

Senate Bill No. 1090, entitled

A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 19 (MCL 29.19), as amended by 2006 PA 337.

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

Senator Brown introduced

Senate Bill No. 1091, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2009; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by various agencies.