2006-SJ-05-10-044.htm

No. 44

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Wednesday, May 10, 2006.

10:00a.m.

The Senate was called to order by the Assistant President pro tempore, Senator Alan Sanborn.

The roll was called by the Secretary of the Senate, who announced that a quorum was present.

Allen--present Garcia--present Patterson--present

Barcia--present George--present Prusi--present

Basham--present Gilbert--present Sanborn--present

Birkholz--excused Goschka--present Schauer--present

Bishop--present Hammerstrom--present Scott--present

Brater--present Hardiman--present Sikkema--present

Brown--present Jacobs--present Stamas--present

Cassis--present Jelinek--present Switalski--present

Cherry--present Johnson--present Thomas--present

Clark-Coleman--present Kuipers--excused Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present Whitmer--present

Emerson--present Olshove--present

Senator Samuel Buzz Thomas III of the 4th District offered the following invocation:

Lord, make me an instrument of Your peace. Where there is hatred, let me so love; where there is injury, pardon; where there is doubt, faith; where there is despair, hope; where there is darkness, light; and where there is sadness, joy.

O, Divine Master, grant that I may not so much seek to be consoled as to console; to be understood as to understand; to be loved as to love; for it is in giving that we receive; it is in pardoning that we are pardoned; and it is in dying that we are born to eternal life.

Dear Lord, please give us the wisdom to do what is right for all of Michigan's people today. Humbly we pray in Your name and all would say, Amen.

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

Motions and Communications

Senators Johnson, Toy and Clarke entered the Senate Chamber.

Senator Hammerstrom moved that consideration of the following bill be postponed for today:

Senate Bill No.246

The motion prevailed.

Senator Hammerstrom moved that Senators Goschka and Garcia be temporarily excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that Senators Kuipers and Birkholz be excused from today's session.

The motion prevailed.

Senator Hammerstrom moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

House Bill No.5421

House Bill No.5422

House Bill No.5531

House Bill No.5532

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

Senator Schauer moved that Senators Barcia, Emerson and Leland be temporarily excused from today's session.

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 9:

House Bill Nos. 5917 5953 6021 6026

The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, May 10:

House Bill No. 5396

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, May 9, for her approval the following bill:

Enrolled Senate Bill No.838 at 3:45p.m.

Messages from the Governor

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

Senate Bill No.272

Senate Bill No.271

Senate Bill No.264

Senate Bill No.274

Senate Bill No.281

Senate Bill No.175

Senate Bill No.236

Senate Bill No.892

Senate Bill No.893

Senate Bill No.956

Senate Bill No.957

Senate Bill No.179

Senate Bill No.1026

Senate Bill No.1027

Senate Bill No.1028

Senate Bill No.372

The motion prevailed.

The following messages from the Governor were received and read:

May 9, 2006

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 5474a of the Public Health Code, 1978 PA 368, MCL 333.5474a:

Childhood Lead Poisoning Prevention and Control Commission

Mr.Randy R. Barst of 410 East Jefferson Street, Frankenmuth, Michigan 48734, county of Saginaw, succeeding Denise O. Chambers, who has resigned, representing the Department of Human Services, for a term commencing May9, 2006 and expiring July 1, 2007.

May 9, 2006

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to state office under Executive Order 1995-11, 1968 PA 11, MCL 395.302, and MCL 395.351:

Commission on Disability Concerns

Ms.Kristina M. Atkins of 1210 West Maple Street, Kalamazoo, Michigan 49008, county of Kalamazoo, appointed to represent the general public, for a term commencing May 9, 2006 and expiring March 5, 2009.

Mr.Jeffery A. Lang of 615 North Pennsylvania Avenue, Suite 5, Lansing, Michigan 48912, county of Ingham, succeeding Ken Tregenza, whose term has expired, representing the general public, for a term commencing May 9, 2006 and expiring March 5, 2008.

Ms.Betty J. Priskorn of 20674 Coachwood, Riverview, Michigan 48192, county of Wayne, succeeding Kenneth D. Frensley, whose term has expired, representing the general public, for a term commencing May 9, 2006 and expiring March 5, 2008.

Ms.Judith S. Williams of 1740 Union Avenue, S.E., Grand Rapids, Michigan 49507, county of Kent, succeeding Johnnie Tuitel, whose term has expired, representing the general public, for a term commencing May 9, 2006 and expiring March 5, 2007.

Mr.Ronald L. Bower of 5370 Martus Road, North Branch, Michigan 48461, county of Lapeer, reappointed to represent the general public, for a term expiring March 5, 2008.

Mr.Joseph M. Connelly of 32148 Camborne Lane, Livonia, Michigan 48157, county of Wayne, reappointed to represent the general public, for a term expiring March 5, 2009.

Mr.Anthony Filippis, Sr., of 1118 Midland Boulevard, Royal Oak, Michigan 48073, county of Oakland, reappointed to represent the general public, for a term expiring March 5, 2009.

Ms.Jane P. MacFarlane of 43629 Arbor Way #122, Canton, Michigan 48188, county of Wayne, reappointed to represent the general public, for a term expiring March 5, 2009.

Mr.Daniel R. Vivian of 48368 Manitou Drive, Okemos, Michigan 48864, county of Ingham, reappointed to represent the general public, for a term expiring March 5, 2009.

Mr.Jose B. Zavala of 1238 Selma Street, Westland, Michigan 48186, county of Wayne, reappointed to represent the general public, for a term expiring March 5, 2009.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.

The motion prevailed, and the Assistant President pro tempore, Senator Sanborn, designated Senator Allen as Chairperson.

After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Sanborn, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

Senate Bill No.689, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts," (MCL 691.1401 to 691.1419) by adding section 7c.

House Bill No.6003, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 11e (MCL 247.661e), as added by 1992 PA 223.

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

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

Senate Bill No.1198, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 111l.

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.1172, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 301, 401, and 717 (MCL 484.1301, 484.1401, and 484.1717), section 301 as amended by 1994 PA 29, section 401 as amended by 1999 PA 81, and section 717 as added by 1999 PA 79, and by adding section 413.

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.1202, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending section 5 (MCL 445.65) and by adding section 5a.

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.1106, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), section2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA 270.

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:

House Bill No.4138, entitled

A bill to provide for standards of accessibility for certain publicly funded housing; and to provide for certain powers and duties of certain state authorities.

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:

House Bill No.5421, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.

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:

House Bill No.5422, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 34 and 42 (MCL 791.234 and 791.242), section 34 as amended by 2004 PA 218.

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:

House Bill No.5531, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520a and 520c (MCL 750.520a and 750.520c), as amended by 2002 PA 714, and by adding section 520n.

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:

House Bill No.5532, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending the title and sections 4 and 6 (MCL 791.204 and 791.206), the title as amended by 1996 PA 164 and section 6 as amended by 1996 PA 104, and by adding section 85.

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.

During the Committee of the Whole, Senators Leland, Barcia, Goschka, Garcia and Emerson entered the Senate Chamber.

By unanimous consent the Senate returned to the order of

Messages from the House

Senate Bill No.709, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.

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

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No.327 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senators Allen, Barcia, Bishop, Cassis, Cherry, Cropsey, Garcia, Gilbert, Goschka, Hammerstrom, Jelinek, Johnson, McManus, Olshove, Patterson, Prusi, Sanborn, Schauer, Sikkema, Toy and Van Woerkom were named co-sponsors of the bill.

Senate Bill No.717, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16y of chapter XVII (MCL 777.16y), as amended by 2005 PA 304.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No.328 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senators Barcia, Bishop, Cassis, Cherry, Cropsey, Gilbert, Hammerstrom, Hardiman, Jelinek, Johnson, McManus, Olshove, Patterson, Sanborn, Sikkema, Stamas and Van Woerkom were named co-sponsors of the bill.

Senate Bill No.718, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34 (MCL 791.234), as amended by 2004 PA 218.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

Senator Cropsey offered the following amendment to the substitute:

1. Amend page 3, line 22, after "SECTION" by striking out "520B(2)(B)" and inserting "520B(2)(C)".

The amendment to the substitute was adopted.

The question being on concurring in the House substitute, as amended,

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

Roll Call No.329 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The Senate agreed to the full title.

Senators Barcia, Bishop, Brown, Cassis, Cherry, Cropsey, Goschka, Hammerstrom, Hardiman, Jacobs, Jelinek, McManus, Olshove, Patterson, Sanborn, Schauer, Toy and Van Woerkom were named co-sponsors of the bill.

Senate Bill No.872, entitled

A bill to amend 1963 (2nd Ex Sess) PA 43, entitled "An act to provide for public hearings on budgets of local units of government," by amending section 3 (MCL 141.413).

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

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

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

Senate Bill No.875, entitled

A bill to amend 1943 PA 20, entitled "An act relative to the investment of funds of public corporations of the state; and to validate certain investments," by amending section 1 (MCL 129.91), as amended by 1997 PA 196.

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

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

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

Senate Bill No.908, entitled

A bill to amend 2003 PA 238, entitled "Michigan notary public act," by amending section 27 (MCL 55.287); and to repeal acts and parts of acts.

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 amended the title to read as follows:

A bill to amend 2003 PA 238, entitled "An act to provide for the qualification, appointment, and regulation of notaries; to provide for the levy, assessment, and collection of certain service charges and fees and to provide for their disposition; to create certain funds for certain purposes; to provide for liability for certain persons; to provide for the admissibility of certain evidence; to prescribe powers and duties of certain state agencies and local officers; to provide for remedies and penalties; and to repeal acts and parts of acts," by amending sections 27 and 47 (MCL 55.287 and 55.307); and to repeal acts and parts of acts.

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

Senate Bill No.1122, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 36 (MCL 791.236), as amended by 2003 PA 75.

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.

Pending the order that, under rule 3.202, the bill be laid over one day,

Senator Hammerstrom moved that the rule be suspended.

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

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No.330 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senators Barcia, Basham, Bishop, Cassis, Cherry, Cropsey, Garcia, Goschka, Hammerstrom, Hardiman, Jelinek, Johnson, McManus, Olshove, Patterson, Stamas, Toy and Van Woerkom were named co-sponsors of the bill.

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

The motion prevailed.

Senator Cropsey's statement is as follows:

I just wanted to remark that on a couple of the previous bills, Senate Bill Nos. 717 and 718, Senators Toy and Gilbert worked diligently on those. On this bill, Senate Bill No.1122, which is the last bill of this package, this is your bill, Mr.President, that you sponsored, and I just wanted to thank you because I believe it was about two years ago you had approached me on the GPS tethers for people who get out on parole. Your persistence has paid off. I think this will help make the people of this state safer. There is funding in our Corrections budget as we pass that through the Senate here for the tether program. I just wanted to thank you for your persistence, for your background and knowing how these people operate, and for your persistence in seeing this through.

Senate Bill No.1132, entitled

Substitute (H-1).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No.331 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No.1192, entitled

Substitute (H-2).

The question being on concurring in the substitute made to the bill by the House,

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

Roll Call No.332 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Third Reading of Bills

Senator Hammerstrom moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage:

House Bill No.5421

House Bill No.5422

House Bill No.5531

House Bill No.5532

House Bill No.6003

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

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

Senate Bill No.837

Senate Bill No.1226

Senate Bill No.1234

House Bill No.5144

House Bill No.5554

Senate Bill No.1128

Senate Bill No.1004

House Bill No.5313

House Bill No.5045

House Bill No.5421

House Bill No.5422

House Bill No.5531

House Bill No.5532

House Bill No.6003

House Bill No.4108

The motion prevailed.

The following bill was read a third time:

Senate Bill No.837, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 20 (MCL 431.320), as amended by 2006 PA 42.

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.333 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1226, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 2004 PA 63.

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.334 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1234, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535 (MCL 750.535), as amended by 2002 PA 720.

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.335 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.5144, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40120.

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.336 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5554, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2511.

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.337 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The following bill was read a third time:

Senate Bill No.1128, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," (MCL 552.601 to 552.650) by adding section 15a.

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.338 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1004, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2005 PA 23.

The question being on the passage of the bill,

Senator McManus offered the following amendment:

1. Amend page 9, line 6, after "(O)" by inserting "BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION,".

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.339 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.5313, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 28 (MCL 211.28), as amended by 1993 PA 292.

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.340 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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 assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5045, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 30b and 30c (MCL 125.2330b and 125.2330c).

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.341 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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 create a mobile home commission; to prescribe its powers and duties and those of local governments; to provide for a mobile home code and the licensure, regulation, construction, operation, and management of mobile home parks, the licensure and regulation of retail sales dealers, warranties of mobile homes, and service practices of dealers; to provide for the titling of mobile homes; to prescribe the powers and duties of certain agencies and departments; to provide remedies and penalties; to declare the act to be remedial; to repeal this act on a specific date; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5421, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.

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.342 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain 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.5422, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 42 (MCL 791.242).

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.343 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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 probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5531, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520a and 520c (MCL 750.520a and 750.520c), as amended by 2002 PA 714, and by adding section 520n.

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.344 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The following bill was read a third time:

House Bill No.5532, entitled

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.345 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

The following bill was read a third time:

House Bill No.6003, entitled

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.346 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

Senator Hammerstrom moved that the bill be given immediate effect.

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.4108, entitled

A bill to establish safety and security practices for certain persons involved in the retail or wholesale sale or use of certain fertilizers; to provide certain powers and duties for certain state agencies; and to provide for immunity from liability under certain circumstances.

The question being on the passage of the bill,

Senator Garcia offered the following substitute:

Substitute (S-2).

The substitute 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.347 Yeas--36

Allen Clarke Jacobs Schauer

Barcia Cropsey Jelinek Scott

Basham Emerson Johnson Sikkema

Bishop Garcia Leland Stamas

Brater George McManus Switalski

Brown Gilbert Olshove Thomas

Cassis Goschka Patterson Toy

Cherry Hammerstrom Prusi Van Woerkom

Clark-Coleman Hardiman Sanborn Whitmer

Nays--0

Excused--2

Birkholz Kuipers

Not Voting--0

In The Chair: Sanborn

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.

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

A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," (MCL 600.101 to 600.9947) by adding section 2976.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No.71

The motion prevailed.

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

Senate Resolution No.136

Senate Resolution No.137

The resolution consent calendar was adopted.

Senators McManus, George, Birkholz, Kuipers, Gilbert, Van Woerkom, Patterson, Cropsey, Bishop, Jelinek, Sikkema, Hammerstrom, Garcia, Hardiman, Stamas, Brown, Allen, Toy, Goschka, Cassis, Basham and Barcia offered the following resolution:

Senate Resolution No.136.

A resolution commemorating May 2006 as Bike Month in Michigan.

Whereas, The bicycle is a viable and environmentally-sound form of transportation and an excellent form of recreation; and

Whereas, Thousands of people throughout Michigan will experience the joys of bicycling during the month of May through educational programs, commuting events, trail work days, helmet promotions, and charity rides; and

Whereas, Michigan offers many bicycling opportunities for transportation, recreation, and exercise, and it is important for children and adults to learn the basics of bicycle safety; and

Whereas, Cyclists can enjoy Michigan's beautiful scenery and many of our parks, attractions, and historic sites from a unique vantage point; and

Whereas, May has been declared National Bike Month by the League of American Bicyclists to increase awareness about bicycling opportunities through organized activities such as bike-to-work days and bicycle rodeos for children; now, therefore, be it

Resolved by the Senate, That we commemorate May 2006 as Bike Month in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Secretary of State Terri Lynn Land.

Senators Cherry, Clarke, Jacobs, Olshove, Schauer and Switalski were named co-sponsors of the resolution.

Senators Leland and Basham offered the following resolution:

Senate Resolution No.137.

A resolution honoring the life and memory of Charles Edward Taylor, the world's first airplane mechanic, and recognizing May 24, 2006, as Aviation Maintenance Technician Day.

Whereas, Charles Edward Taylor was born on May 24, 1869; and

Whereas, In 1902, Charles Edward Taylor began working as a machinist for Orville and Wilbur Wright at the Wright Cycle Company in Dayton, Ohio; and

Whereas, Within six weeks, Charles Edward Taylor, using only a lathe and drill press, built the first engine used to power the Wright Flyer; and

Whereas, Charles Edward Taylor's ingenuity earned him a place in aviation history when the Wright brothers successfully flew their airplane on December 17, 1903; and

Whereas, After this historic event, Charles Edward Taylor continued to design engines for the Wright brothers and later taught them to build aircraft engines; and

Whereas, In 1908, Charles Edward Taylor accompanied Orville Wright to Fort Meyer, Virginia, for test flights by the United States government, and in 1909, accompanied Wilbur Wright to New York for the Hudson-Fulton flights; and

Whereas, Charles Edward Taylor served as lead mechanic for Calbraith (Cal) Rodgers, who made his first transcontinental flight in 1911, and had a successful career in aviation maintenance for more than 60 years; and

Whereas, Charles Edward Taylor was honored by the Federal Aviation Administration with the establishment of the Charles Edward Taylor Master Mechanic Award, which recognizes persons with 50 years or more of aviation maintenance experience; and

Whereas, Charles Edward Taylor died in 1956; now, therefore, be it

Resolved by the Senate, That we hereby honor the life and memory of Charles Edward Taylor and express our appreciation for the invaluable contributions he made to aviation; and be it further

Resolved, That we encourage the citizens of the Michigan to recognize May 24, 2006, as Aviation Maintenance Technician Day in honor of Charles Edward Taylor; and be it further

Resolved, That we urge the citizens of the United States of America and the Federal Aviation Administration Great Lakes Region to participate in activities commemorating the 103rd anniversary of the Wright brothers flight; and be it further

Resolved, That a copy of this resolution be transmitted to the Federal Aviation Administration Great Lakes Region as a token of our esteem.

Senators Cassis, Cherry, Clark-Coleman, Clarke, Goschka, Jacobs, Olshove, Schauer, Scott and Switalski were named co-sponsors of the resolution.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Cropsey, Scott and Basham 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:

In today's Gongwer, there's a report by Gongwer that I think is very interesting, that I think bears more investigation. This has to do with failure to report unemployment reports, and this dealt with the Governor. The Governor is having to pay $815.78 in fines because of a failure to file two reports.

Now the Governor didn't know that these fines were due, that a report was due. According to the Governor's Press Secretary Liz Boyd who said they were unaware of the missing filings, they were unaware of the lien that the unemployment agency placed upon the Governor's former home in Northville until the press alerted them. Mrs.Boyd said, "It was obviously a human error. It's all been taken care of." She said the Governor was not notified of the missing reports nor why the lien was put on the house after it was sold. It goes on and says the Governor was not planning to challenge any of the fines or any of the interest charges.

Now what I find interesting on this is that the actual taxes owed is $5.27, but yet there's going to be $762.82 in nonfiling penalties, $10 in a late filing, $25 in note fines for the wage record report, and $10.45 of added costs. I take a look at this and I say, okay, there was $5 in taxes that weren't paid, that were overlooked; the Governor did not know about. But yet, we're coming up with over $815 in fees and fines and everything else. Something tells me this system is not just.

I wish the Governor would fight it. I wish the Governor would investigate and find out not only how the Governor ended up in this, but how many other people are ending up in this; how many small employers end up having to have this type of injustice done to them. I can understand the Governor, being a public person, not wanting to make an issue of it, but an issue should be made of it because is it just to say I didn't realize $5 was owed, nobody notified or anything else, and then end up paying over $800 in fines? That is not a just system. That is wrong. That's wrong not only for the Governor, but for every business person or every employer who find themselves in that type of situation. The system needs to be changed so that justice is done and not be punitive.

Senator Scott's statement is as follows:

From my website, this is from Hamtramck: "Count me in. My insurance rate on my tiny little house in Hamtramck is as much as the expensive homes in the Shores"--and I'm sure she means Grosse Pointe Shores. "Where is the fairness in all of this? We cannot all be wealthy and thank God we're all not poor."

Senator Basham's statement is as follows:

I applaud the Senator from the 33rd District and also the Senator from the 2nd District, talking about what is just and what is unjust. I think their issues are legitimate. I have issues that I think are unjust. I'm a veteran, Mr.President, but the war in Iraq I think sometimes and most of the time is unjust, and it is costing this country a billion dollars every 10 days--every 10 days. That's a trillion-dollar war and that money could be spent in Michigan to supply those folks necessary to enforce the laws that we set here in the Legislature and pass.

For instance, the State Police in my district, the Metro South Post, it's a 45-man post. They currently have 29 people working at that post. We haven't funded a trooper academy in a couple of years. I understand that they have done a lot of work on sexual predators, but to get out and to issue those warrants and to actually round up those sexual predators is a whole different task. So we can pass laws up here in the Legislature, but if we don't have the bodies, the feet on the ground, the people to man these departments when you find an error, somebody who can find something that's wrong in a department and go fix it, it costs this state a lot of money. I think that the war in Iraq, again, when you spend a billion dollars every 10 days on a war that the entire world community wonders if, in fact, we should have went to war, should have been involved in and not just this country bearing the cost of that.

I get hammered every day from my local officials about revenue sharing. That's money that the feds should be bringing back to the districts. You know, we are hurting in this state because we are tied to the auto industry and also those ancillary businesses to it. So we have unique businesses in this state, like the boating industry is getting hit by the high cost of fuel. We need a national energy policy.

So those are some of the things that I think are unjust.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Switalski introduced

Senate Bill No.1259, entitled

A bill to provide for an authority to manage and operate certain city and village water and sewer systems; and to provide for the appointment of members to the authority.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Senators McManus, Kuipers, Goschka, Bishop and Allen introduced

Senate Bill No.1260, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections21502, 21503, 21506a, and 21552 (MCL 324.21502, 324.21503, 324.21506a, and 324.21552), section 21502 as amended and sections 21506a and 21552 as added by 2004 PA 390 and section 21503 as amended by 1996 PA 181.

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

House Bill No.5396, entitled

A bill to amend 1915 PA 31, entitled "Youth tobacco act," by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), the title and section 4 as amended by 1992 PA 272 and sections 1 and 2 as amended by 1988 PA 314.

The House of Representatives has passed the bill.

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

House Bill No.5917, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 407, 408, 412, and 717 (MCL 484.1401, 484.1407, 484.1408, 484.1412, and 484.1717), section 401 as amended by 1999 PA 81, sections 407 and 412 as added by 1999 PA 78, section 408 as amended by 2006 PA 74, and section 717 as added by 1999 PA 79.

The House of Representatives has passed the bill.

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

House Bill No.5953, entitled

A bill to amend 1909 PA 259, entitled "An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof," by amending section 1 (MCL 552.101), as amended by 1985 PA 42.

The House of Representatives has passed the bill.

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

House Bill No.6021, entitled

A bill to amend 1986 PA 196, entitled "Public transportation authority act," by amending sections 8 and 18 (MCL 124.458 and 124.468), section 8 as amended by 1998 PA 168.

The House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No.6026, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, and 614 (MCL 380.4, 380.5, and 380.614), sections 4 and 5 as amended by 2005 PA 61 and section 614 as amended by 2004 PA 419.

The House of Representatives has passed the bill.

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

Committee Reports

The Committee on Health Policy reported

House Bill No.5630, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5112.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.5631, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2253 (MCL 333.2253).

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.5653, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16337, 17001, 17008, 17025, 17066, 17074, 17078, 17501, 17508, 18001, 18011, and 18021 (MCL 333.16337, 333.17001, 333.17008, 333.17025, 333.17066, 333.17074, 333.17078, 333.17501, 333.17508, 333.18001, 333.18011, and 333.18021), section 16337 as added by 1993 PA 79, sections 17001 and 17501 as amended by 2005 PA 264, section 17025 as amended by 1980 PA146, sections 17066, 17074, and 17078 as amended by 1990 PA 247, and section 18021 as amended by 1993 PA79, and by adding sections 18008, 18048, 18049, 18050, 18054, 18056, and 18058; and to repeal acts and parts of acts.

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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

Nays: None

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

The Committee on Health Policy reported

Senate Bill No.1121, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 409 (MCL 330.1409), as amended by 2004 PA 555.

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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, George, Whitmer and Jacobs

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 Health Policy submitted the following:

Meeting held on Wednesday, May 3, 2006, at 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Hammerstrom (C), Patterson, George, Whitmer and Jacobs

The Committee on Transportation reported

Senate Bill No.1224, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 612 and 660 (MCL 257.612 and 257.660), section 612 as amended by 1990 PA 33 and section 660 as amended by 2002 PA 494, and by adding sections 660a, 660b, 660c, and 660d.

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.

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers, Goschka, Leland and Basham

Nays: None

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

The Committee on Transportation reported

House Bill No.5607, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 224 (MCL 257.224), as amended by 1995 PA 129.

With the recommendation that the bill pass.

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers, Goschka, Leland and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No.5979, entitled

With the recommendation that the bill pass.

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kuipers, Goschka, Leland and Basham

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, May 9, 2006, at 1:41p.m., Room 110, Farnum Building

Present: Senators Gilbert (C), Kuipers, Goschka, Leland and Basham

The Committee on Judiciary reported

House Bill No.5421, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520b (MCL 750.520b), as amended by 2002 PA 714.

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Whitmer and Brater

Nays: None

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

The Committee on Judiciary reported

House Bill No.5422, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 34 and 42 (MCL 791.234 and 791.242), section 34 as amended by 2004 PA 218.

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Whitmer and Brater

Nays: None

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

The Committee on Judiciary reported

House Bill No.5531, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520a and 520c (MCL 750.520a and 750.520c), as amended by 2002 PA 714, and by adding section 520n.

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Whitmer and Brater

Nays: None

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

The Committee on Judiciary reported

House Bill No.5532, entitled

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.

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer, Whitmer and Brater

Nays: None

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

The Committee on Judiciary reported

House Bill No.5450, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 349 (MCL 750.349).

With the recommendation that the bill pass.

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Patterson, Schauer, Whitmer and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No.5451, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 349b.

With the recommendation that the bill pass.

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Patterson, Schauer, Whitmer and Brater

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No.5449, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as amended by 2005 PA 302.

With the recommendation that the bill pass.

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Patterson, Schauer, Whitmer and Brater

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, May 9, 2006, at 1:40p.m., Room 210, Farnum Building

Present: Senators Cropsey (C), Bishop, Sanborn, Patterson, Schauer, Whitmer and Brater

COMMITTEE ATTENDANCE REPORT

The Subcommittee on History, Arts, and Libraries submitted the following:

Meeting held on Tuesday, May 9, 2006, at 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators George (C), McManus and Clarke

COMMITTEE ATTENDANCE REPORT

The Subcommittee on General Government submitted the following:

Meeting held on Tuesday, May 9, 2006, at 1:00p.m., Room 405, Capitol Building

Present: Senators Garcia (C) and Switalski

Excused: Senator McManus

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Tuesday, May 9, 2006, at 3:00p.m., Room 100, Farnum Building

Present: Senators Allen (C), Toy, McManus, Schauer and Olshove

COMMITTEE ATTENDANCE REPORT

The Committee on Natural Resources and Environmental Affairs submitted the following:

Joint meeting held on Tuesday, May 9, 2006, at 3:00p.m., Room 519, South Tower, House Office Building

Present: Senators Birkholz (C), Van Woerkom, Brater and Basham

Excused: Senator Patterson

Scheduled Meetings

Agriculture, Forestry and Tourism - Thursday, May 11, 9:00a.m., Room 110, Farnum Building (373-1635)

Appropriations -

Subcommittees -

Agriculture - Thursdays, May 11 (CANCELED) and May 18, 3:30p.m., Room 100, Farnum Building (373-5932)

Commerce, Labor and Economic Development - Wednesday, May 17, 3:00p.m., Room 405, Capitol Building (373-2420) (CANCELED)

General Government - Tuesday, May 16, 1:00p.m., Room 405, Capitol Building (373-2420)

History, Arts, and Libraries - Tuesday, May 16, 12:00 noon, Senate Appropriations Room, 3rd Floor, Capitol Building (373-0793)

Human Services Department - Wednesday, May 17, 8:00a.m., Rooms 402 and 403, Capitol Building (373-1801)

Judiciary and Corrections - Tuesday, May 16, 3:00p.m., Room 402, Capitol Building (373-3760)

State Police and Military Affairs - Thursdays, May 11 and May 18, 2:00p.m., Room 100, Farnum Building (373-5932)

Transportation Department - Tuesdays, May 16 and May 23, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Education - Thursday, May 11, 2:00p.m., Room 210, Farnum Building (373-6920)

Government Operations - Tuesday, May 23, 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0797)

Legislative Retirement Board of Trustees - Wednesday, May 17, 3:00p.m., Room H-252, Capitol Building (373-0575)

Natural Resources and Environmental Affairs/House Natural Resources, Great Lakes, Land Use and Environment - Thursday, May 11, 8:00a.m., Room 519, South Tower, House Office Building (373-3447)

State Drug Treatment Court Advisory Committee - Tuesday, May 23, 9:00a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Subcommittees -

Certification - Tuesday, May 23, immediately after the full State Drug Treatment Court Advisory Committee meets, Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Cross Assignment - Tuesday, May 23, immediately after the full State Drug Treatment Court Advisory Committee meets, Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 11:34a.m.

The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Thursday, May 11, 2006, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate