No. 125

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Saturday, December 1, 2007.

12:05a.m.

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

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--excused

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--present Van Woerkom--present

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

Cropsey--present Olshove--present

Senator Judson S. Gilbert II of the 25th District offered the following invocation:

Heavenly Father, we thank You for this new day. We pray for wisdom as we do these proceedings on behalf of the people of the state of Michigan, and we'd ask Your blessings on this great state. And I would pray for safety as all of us drive home this evening.

This we ask in Christ's name. Amen.

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

Motions and Communications

Senator Cropsey moved that Senator Garcia be temporarily excused from today's session.

The motion prevailed.

Senator Cropsey moved that Senator Patterson be excused from today's session.

The motion prevailed.

The following communication was received and read:

Office of the Senate Majority Leader

November 30, 2007

Pursuant to PA 98 of 2007, we are making the following joint appointment to the Legislative Commission on Statutory Mandates:

Mr.Dennis Pollard of 419 Puritan, Birmingham, Michigan 48009, county of Oakland, for a term of three years.

If you have any questions please call Bill Sullivan at 373-2417.

Sincerely,

Michael D. Bishop

Senate Majority Leader

Andy Dillon

Speaker of the House

The communication was referred to the Secretary for record.

The following communication was received and read:

Office of the Speaker of the House

November 30, 2007

Pursuant to PA 96 of 2007, we make the following joint appointments to the Legislative Commission on Efficiency:

Ms.Fern Griesbach of 675 Fogg Road, Leslie, Michigan 49251, for a term of three years.

Mr.Charles M. Moore of 9410 Pineview Drive, Plymouth, Michigan 48170, for a term of three years.

Ms.Jan Stark of 2665 Crooks Road, Royal Oak, Michigan 48067, for a term of three years.

If you have any questions please call Sarah Gonzales Triplett at (517) 373-1865.

Sincerely,

Andy Dillon

Speaker of the House

Michael D. Bishop

Senate Majority Leader

The communication was referred to the Secretary for record.

The following communication was received and read:

Office of the Senate Majority Leader

November 30, 2007

Mr.John Strand

Legislative Council

Fourth Floor - Boji Tower

Lansing, Michigan 48909

Dear Mr.Strand:

Pursuant to PA 98 of 2007, I am calling upon the co-chairs of the Legislative Commission on Statutory Mandates to schedule the first meeting of the commission for the purpose of organizing.

Sincerely,

Michael D. Bishop

Senate Majority Leader

The communication was referred to the Secretary for record.

The Secretary announced that the following official bills were printed on Friday, November 30, and are available at the legislative website:

Senate Bill Nos. 926 927 928 929 930 931 932 933 934 935 936 937 938 939 940 941 942

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Senator Garcia entered the Senate Chamber.

The President, Lieutenant Governor Cherry, assumed the Chair.

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

Senate Bill No.534

Senate Bill No.539

Senate Bill No.885

Senate Bill No.910

The motion prevailed.

The following bill was read a third time:

Senate Bill No.534, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.

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.511 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Patterson

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.539, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 16 (MCL 125.2666), as amended by 2000 PA 145.

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.512 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Patterson

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.885, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 8d, 8e, 9, and 10 (MCL 125.2688d, 125.2688e, 125.2689, and 125.2690), section 8d as amended by 2006 PA 93, section 8e as added by 2006 PA 270, and section 10 as amended by 2005 PA 164.

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.513 Yeas--36

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cherry Hunter Prusi Whitmer

Nays--0

Excused--1

Patterson

Not Voting--1

Cassis

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.910, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 6 and 9 (MCL 207.806 and 207.809), section 6 as amended by 2003 PA 248 and section 9 as amended by 2000 PA 144.

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.514 Yeas--37

Allen Clark-Coleman Jacobs Richardville

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry

Nays--0

Excused--1

Patterson

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 Cherry 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.667, entitled

A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending section 7 (MCL 551.7), as amended by 2006 PA 613.

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.

Recess

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

The motion prevailed, the time being 12:24a.m.

4:42a.m.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Bishop moved that the conferee appointments to the following bill be withdrawn:

House Bill No.5408

The motion prevailed.

Senator Cropsey moved that rule 3.311 be suspended to permit reconsideration of the vote by which the House substitute to the following bill was not concurred in:

House Bill No.5408

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

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

Senate Bill No.511

House Bill No.4507

Senate Bill No.388

Senate Bill No.593

The motion prevailed.

House Bill No.5408, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending the title and sections 265, 403, 447, 515, and 601 (MCL 208.1265, 208.1403, 208.1447, 208.1515, and 208.1601) and by adding chapter 2C; and to repeal acts and parts of acts.

Senator Cropsey moved to reconsider the vote by which the House substitute was not concurred in.

The motion prevailed.

The question being on concurring in the House substitute to the Senate substitute,

Senator Gilbert offered the following substitute to the House substitute:

Substitute (S-8).

The question being on the adoption of the substitute,

Senator Gilbert offered the following amendments to the substitute:

1. Amend page 25, line 8, after "THE" by striking out "2009" and inserting "2010".

2. Amend page 25, line 9, after "AFTER" by striking out "2009" and inserting "2010".

The amendments to the substitute were adopted.

The substitute, as amended, was adopted.

Protest

Senator Brater, under her constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the Senate substitute to the House substitute to the Senate substitute to House Bill No.5408 and moved that the statement she made during the discussion of the Senate substitute be printed as her reasons for voting "no."

The motion prevailed.

Senator Brater's statement is as follows:

It is 4:45a.m. Saturday morning; the public is asleep. About a month ago, we were in this chamber at the same time passing what was supposed to be a correction to an ongoing budget problem. Now we are back here doing the same thing again in the middle of the night. Those of us on the Democratic side came in here a couple of minutes ago, were told what was negotiated, and now we're being asked to vote.

I do not want to go home and take those phone calls again from my constituents that say, "Why did you do this in the darkness of night? Why didn't you have deliberations and let the public have their input?" I just protest this procedure, and for that reason, I can't support it.

The question being on concurring in the House substitute to the Senate substitute, as substituted,

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

Roll Call No.515 Yeas--33

Allen Cropsey Jansen Richardville

Barcia Garcia Jelinek Schauer

Basham George Kahn Scott

Birkholz Gilbert Kuipers Stamas

Bishop Gleason McManus Switalski

Brown Hardiman Olshove Thomas

Cherry Hunter Pappageorge Van Woerkom

Clark-Coleman Jacobs Prusi Whitmer

Clarke

Nays--4

Anderson Brater Cassis Sanborn

Excused--1

Patterson

Not Voting--0

In The Chair: President

Senator Cropsey moved that the bill be given immediate effect.

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

Senator Gilbert offered to amend the title to read as follows:

A bill to amend 2007 PA 36, entitled "An act to provide 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," by amending the title and sections 105, 111, 113, 201, 239, 265, 403, 405, 409, 413, 445, 447, 515, and 601 (MCL 208.1105, 208.1111, 208.1113, 208.1201, 208.1239, 208.1265, 208.1403, 208.1405, 208.1409, 208.1413, 208.1445, 208.1447, 208.1515, and 208.1601), section 201 as amended by 2007 PA 90, and by adding chapter 2C and section 451; and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

Protests

Senators Brater and Cassis, under their constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to the Senate substitute, as substituted, to House Bill No.5408.

Senator Brater moved that the statement she made during the discussion of the Senate substitute be printed as her reasons for voting "no."

The motion prevailed.

Senator Brater's statement is as follows:

It is 4:45a.m. Saturday morning; the public is asleep. About a month ago, we were in this chamber at the same time passing what was supposed to be a correction to an ongoing budget problem. Now we are back here doing the same thing again in the middle of the night. Those of us on the Democratic side came in here a couple of minutes ago, were told what was negotiated, and now we're being asked to vote.

I do not want to go home and take those phone calls again from my constituents that say, "Why did you do this in the darkness of night? Why didn't you have deliberations and let the public have their input?" I just protest this procedure, and for that reason, I can't support it.

Senator Cassis' statement is as follows:

I voted "no" on the fiscal year '08 budgets above 2.1 percent projected rate of inflation, and "no" on growth of overall general fund increase in spending of 8.2 percent. I voted "no" against the service tax. The surcharge represents a 22percent tax increase on Michigan's smaller and medium-sized businesses, and shifts a larger proportion of tax burden to them.

I authored the repeal of the service tax, Senate Bill No.838. On November 20, I voted for a 14 percent MBT surcharge tie-barred to the repeal of the service tax, Senate Bill No.838, and a three-year hard date sunset.

This morning, December 1, I voted against a 22 percent MBT surcharge, an almost 8 percent increase, that will be in place for ten years, the biggest overall tax increase in a generation. No meaningful reforms, no budget reductions occurred as a result of House Bill No.5408. In my opinion, House Bill No.5408 says, "Yes to some pork, yes to more spending, $119 million left in the BSF, and somewhere around $150 million lapsed funds."

The original MBT will be more than just revenue-neutral and now compounds the MBT with a 22 percent surcharge. How does this advance Michigan's competitiveness with other states that have no surcharge? While the service tax represents poison that would kill businesses, the 22 percent surcharge just leaves them maimed. The service tax, brought to us, as was said, in the wee hours of the morning, has now been morphed into the emperor's new clothing in the garb of a "shift-and-shaft" surcharge tax.

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Cropsey moved that when the Senate adjourns today, it stand adjourned until Tuesday, December 4, at 10:00a.m.

The motion prevailed.

Committee Reports

The Committee on Education reported

House Bill No.4220, entitled

A bill to amend 1978 PA 566, entitled "An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies," by amending section 3 (MCL 15.183), as amended by 2004 PA 110.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Van Woerkom, Cassis and Gleason

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Thursday, November 29, 2007, at 2:55p.m., Room 210, Farnum Building

Present: Senators Kuipers (C), Van Woerkom, Cassis and Gleason

Excused: Senator Whitmer

The Committee on Agriculture reported

House Bill No.5034, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8501 (MCL 324.8501), as amended by 2006 PA 503.

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

The committee further recommends that the bill be given immediate effect.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Birkholz, Gleason and Whitmer

Nays: None

The bill and the substitute recommended by the committee were referred to the Committee of the Whole.

The Committee on Agriculture reported

House Bill No.5035, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8517 (MCL 324.8517), as added by 1998 PA 276.

With the recommendation that the bill pass.

The committee further recommends that the bill be given immediate effect.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert, Birkholz, Gleason and Whitmer

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Agriculture submitted the following:

Meeting held on Thursday, November 29, 2007, at 9:30a.m., Room 110, Farnum Building

Present: Senators Van Woerkom (C), Gilbert, Birkholz, Gleason and Whitmer

Scheduled Meetings

Appropriations -

Subcommittees -

Capital Outlay - Wednesday, December 5, 9:00a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-8080)

Natural Resources Department - Tuesday, December 4, 1:00p.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Homeland Security and Emerging Technologies - Tuesday, December 4, 12:30p.m., Room 100, Farnum Building (373-5932)

Legislative Retirement Board of Trustees - Wednesday, December 5, 3:00p.m., Room H-252, Capitol Building
(373-0575)

Michigan Capitol Committee - Thursday, December 6, 9:00a.m., Room 426, Capitol Building (373-5527)

Natural Resources and Environmental Affairs - Wednesday, December 5, 1:30p.m., Room 110, Farnum Building (373-3447)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 4:58a.m.

In pursuance of the order previously made, the President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, December 4, 2007, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate