No. 92
STATE OF MICHIGAN
Journal of the Senate
93rd Legislature
REGULAR SESSION OF 2006
Senate Chamber, Lansing, Wednesday, December 6, 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--present 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--excused Switalski--present
Cherry--present Johnson--present Thomas--present
Clark-Coleman--present Kuipers--present Toy--present
Clarke--present Leland--present Van Woerkom--present
Cropsey--present McManus--present Whitmer--present
Emerson--present Olshove--present
Senator Deborah Cherry of the 26th District offered the following invocation:
Dear Lord, as we gather here today, we pray that we are ever mindful of opportunities to render our service to fellow citizens and to our community. Help us keep in mind the enduring values of life, exerting our efforts in those areas and on those things upon which future generations can build with confidence. We are thankful for this day, for its blessings and opportunities and its challenges. May we appreciate and use each day that comes to us.
Soon, Lord, we will be saying goodbye to the end of a year and to many old friends and colleagues we have worked with and have looked up to for their guidance and wisdoms. As James Taylor writes in his song, "Shed a Little Light," commemorating Martin Luther King, "Let us recognize that there are ties between us, all men and women living on the earth. Ties of hope and love, sister and brotherhood, that we are bound together in our desire to see the world become a place in which our children can grow free and strong. We are bound together by the task that stands before us and the road that lies ahead. We are bound and we are bound." We will welcome the new year with new colleagues and friends.
But, we thank You, Lord, for the knowledge our old friends have brought to our lives and to the state of Michigan. Keep them in Your sight, Lord, as they--Ken, Bob, Beverly, Shirley, Burton, Mike, and Laura--continue Your work in other ventures. Thank You, Lord. 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 Leland, Whitmer, Van Woerkom, Brown and Garcia entered the Senate Chamber.
Senator Schauer moved that Senator Emerson be temporarily excused from today's session.
The motion prevailed.
Senator Emerson entered the Senate Chamber.
Senators Hardiman, Allen, Clark-Coleman, Toy, Leland and Scott asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Hardiman's first statement is as follows:
I rise for an announcement, one certainly of mixed feelings. Carol Moore, who has worked in my office for three and a half years, almost the full time that I have been here in the Senate, is retiring. I just wanted to say a few things about her to you.
She has wonderful work experience. Certainly, she has been a wonderful mother, wife, and homemaker for a number of years. She has worked in the private sector for a number of years. She worked for State Representative Fran Amos prior to coming to me; prior to that, she did scheduling for Governor John Engler. When I was looking for someone to help me and help manage the office, but also do scheduling, I thought if she could do scheduling for John Engler, she could certainly do that for me. She has, indeed, done a wonderful, wonderful job.
But it is not so much what she has done; it is how she has done it. Many times I run into folks who say that I have called your office, and you know, they had this wonderful experience. It was because they spoke to Carol. I don't know if you have experienced a smile over the phone, but if you called Carol, that is what you get. I know I get it when I call the office. I kind of enjoy it. I enjoy hearing my name too, but I enjoy the smile over the phone.
She has made me look good by getting me to places. Sometimes the schedule is very tight. She has done that, but always with a smile. But she has not only been a wonderful employee or a wonderful co-worker, but we have enjoyed great fellowship together. She is a wonderful friend and I am going to miss her.
I am going to mention that she does have her family here today. Up in the east Gallery is her husband Dwight; her son Kevin and his wife Kari; her son Jeff and his wife, who couldn't be with us today, although she usually is as a Journal Clerk--Renae; her daughter Lori and husband Matt Rosendale; and also their granddaughter Haley Rosendale is there. We welcome them to the Michigan Senate today as well.
I do have a State Seal that has been signed by all of you, and I have also signed a little note expressing my gratitude and just my thanks for her friendship and her encouragement to me over these past three and a half years. It is certainly my prayer that God would richly bless her life as she goes about spreading her light to so many others in the broader community, as she has done for me and the folks who come to my office.
Please help me to thank Carol Moore.
Senator Allen's statement is as follows:
I would like to take a moment to introduce the newest member of Team Allen. This morning we are blessed to have on the floor today Ashleigh Christian Dalling, who was born to Erin and her husband Derek on November 10. She is the newest member of our staff and we are really glad to have her as a part of our family. Can we give an appropriate Senate welcome to Ashleigh.
Senator Clark-Coleman's statement is as follows:
This is a somber occasion for me. I rise today to offer a memorial statement in honor of one of our state's finest mayors and one of my most-treasured political partners. Dearborn Mayor Michael A. Guido passed away yesterday afternoon, ending a long battle with cancer.
He lived his life with compassion and vigor that resonated in his governance of one of the strongest cities in Michigan. He loved the city of Dearborn and its people. It's that shared love which drew us together as political allies.
Mayor Guido ended racial inequality and separation in a city that had long ascribed to those negative principles. He brought all groups to the table of democracy and ensured that every resident had access to city hall and also access to impeccable city services.
For 21 years, Mayor Guido sat at the helm of the city of Dearborn. He admitted to being a moderate Republican, a fact that didn't stop our mutual admiration for each other. He served his citizens well under three Governors--two Democrats and one Republican--all the while delivering seamless services to his constituents.
I will miss Mayor Guido for several reasons--his kindness, honesty, compassion, dedication, focus, and deep capacity to love his city and his people. Most of all, I will miss our relationship as Senator and Mayor, also as both Wayne State University grads, Dearborn boosters, and Irma and Michael.
Mr.President, I ask that the Senate stand in a moment of silence in tribute to my friend, Dearborn Mayor Michael Guido.
A moment of silence was observed in memory of Dearborn Mayor Michael Guido.
Senator Toy's statement is as follows:
I, too, rise on the passing of a great Michiganian. For two decades, Michael A. Guido capably served the residents of Dearborn as that community's mayor.
A first-generation American, Mayor Guido was inspired by his father's 42-year career with the city of Dearborn. Michael Guido served two terms as the youngest person ever elected to the Dearborn City Council, before becoming the youngest person ever elected mayor of that city.
In June of this year, Mayor Guido became the 64th president of the prestigious United States Conference of Mayors.
During his time in the city of Dearborn, he helped to revitalize and grow that community. He was a peacemaker who prided himself on working in partnerships with local businesses and residents. He was focused on customer service and creative solutions.
A talented and effective leader, Mayor Guido exhibited great humility and a sharp, sharp sense of humor. He was a great singer, he was a great impersonator, he was a good eater--he loved to go to Giuliano's over there--and yet he was a poor golfer. He really was. Mayor Guido was a good Italian and a very, very good friend of mine. He will be sorely missed by all those lives he touched.
God bless you, Mayor Mike.
Senator Leland's statement is as follows:
I just want to say a couple words about Mayor Guido. I want to join with my colleagues in mourning him. This is a tremendous loss. I have known the Mayor for well over 20 years.
As many of you know, my district borders the city of Dearborn and I also represent Dearborn Heights. Over the years, I have had many opportunities to be in the presence of the Honorable Mayor Guido. We had several meals together. We did some things in the community together. He was just a terrific person. He was a real hands-on mayor. He loved his constituents. He would travel about the district talking to his constituents, riding around in the car, getting out of it, and just finding out what was going on in the neighborhood on the block, what's on their minds. He was just a great hands-on person--a politician's politician. There are just so few mayors in this state who had the energy, the vision, and the wisdom and the humility. I just feel so bad that he has passed on.
I will always remember him as a terrific person, a great mayor, a good family man, and a great provider of constituent services--something that you all know I hold very near and dear to myself.
Good luck to you, Mayor, we will all be up there seeing you shortly.
Senator Scott's statement is as follows:
I certainly would like to add my condolences to Mayor Guido's family. He was a wonderful, wonderful person. I met him in 1988 when I became mayor of Highland Park. I really thought he had been mayor longer because he just knew all the ropes. When we went to conferences, he was always there to educate and work with you in so many ways and able to share a lot of information with me about how to be a mayor and some of the things that are our responsibilities. He was a lot of fun, especially when we went to conferences and that. He was just a stand-up guy who cared about and truly loved his constituents--loved his community.
So I just want my condolences to go to his family and friends and that, and just thank God for his life and for who he was to all of us who knew him.
God bless Mayor Guido and may you rest in peace.
Senator Hardiman's second statement is as follows:
I also want to express my sentiments regarding Mayor Mike Guido. I met the Mayor when we were both serving with the Michigan Municipal League. Sometimes we'd come together from the East and from the West to represent the issues that cities had, but the most memorable times that I had that I shared with him were times over dinner or at a conference. I know that he was a great mayor and he did many wonderful things and that's been discussed already. But just sitting with him, talking, and enjoying his company, my wife and I enjoyed many wonderful moments with the Mayor and his wife. I have to say that I don't think I've laughed as hard as I did when I was with him. He enjoyed telling jokes. He enjoyed making people laugh. He was also an encourager and a motivator. I certainly will miss that. I want to send out my best wishes and God bless you to his wife and his family as well.
Senator Hammerstrom moved that consideration of the following bills be postponed for today:
Senate Bill No.246
Senate Bill No.1242
The motion prevailed.
Senator Hammerstrom moved that Senator Jelinek 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:
Senate Bill No.1508
Senate Bill No.1512
The motion prevailed, a majority of the members serving voting therefor.
Senator Hammerstrom moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today:
Senate Resolution No.148
The motion prevailed, a majority of the members serving voting therefor.
The following communication was received:
Department of Human Services
November 22, 2006
Pursuant to Section 1002 of P.A. 147 of 2005, we are enclosing a copy of the following report:
Type of ReportFacilityReport #License #
Special Investigation Adrian Training School 2006C0212029 CS460201294
This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/dhs/.
If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.
Sincerely,
Marianne Udow
The communication was referred to the Secretary for record.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, December 5:
House Bill Nos. 6470 6472 6473 6663 6668
The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 6:
House Bill Nos. 6300 6368 6469 6545 6661 6681
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 5, for her approval the following bills:
Enrolled Senate Bill No.701 at 12:46p.m.
Enrolled Senate Bill No.1328 at 4:02p.m.
Enrolled Senate Bill No.1004 at 4:04p.m.
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senate Bill No.248, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217d, 801, 811d, 811e, 811f, 811g, 811h, 811i, 811j, 811k, 811l, and 811n (MCL 257.217d, 257.801, 257.811d, 257.811e, 257.811f, 257.811g, 257.811h, 257.811i, 257.811j, 257.811k, 257.811l, and 257.811n), sections 217d and 811h as amended by 2003 PA 152, section 801 as amended by 2004 PA 427, sections 811d, 811f, and 811g as added by 2000 PA 77, section 811e as amended by 2001 PA 124, section 811i as added by 2000 PA 74, section 811j as added by 2000 PA 71, section 811k as added by 2000 PA 73, section 811l as added by 2000 PA 70, and section 811n as added by 2000 PA 79, and by adding sections 811m, 811o, and 811p; and to repeal acts and parts of acts.
Substitute (H-8).
The question being on concurring in the substitute made to the bill by the House,
Senator Cassis offered the following amendment to the substitute:
1. Amend page 6, line 22, after "COUNTY" by inserting "ROAD".
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.770 Yeas--22
Allen Cropsey Hardiman Sanborn
Birkholz Garcia Jacobs Sikkema
Bishop George Kuipers Stamas
Brown Gilbert McManus Toy
Cassis Goschka Patterson Van Woerkom
Cherry Hammerstrom
Nays--15
Barcia Clarke Olshove Switalski
Basham Emerson Prusi Thomas
Brater Johnson Schauer Whitmer
Clark-Coleman Leland Scott
Excused--1
Jelinek
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 not concurred in, 2/3 of the members serving not voting therefor.
The Senate agreed to the title as amended.
Protest
Senator Leland, under his constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute to Senate Bill No.248 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting "no."
The motion prevailed.
Senator Leland's statement is as follows:
I rise to oppose this legislation. The bill is vastly different than the bill we sent to the House way back in September of 2005. Senate Bill No.248 was 37 pages long and added 15 sections of Michigan law. This bill is just eight pages long and amends two sections of law that were not even mentioned in the first bill.
I would urge my colleagues to be careful in reviewing this legislation. Senate Bill No.248 undoes an effort to greatly standardize speed limits. This new law was just passed this year, Public Act 85 of 2006, and took effect last month.
Supporters of this bill argue that Senate Bill No.248 tackles a local control issue, but that argument is misguided. Townships are an equal participant with county road commissions and the State Police in establishing speed limits on county roads. This process can be based on a formula of how many roads and driveways intersect the roadway or can be superseded by the process for establishing a speed limit through a traffic control order if applicable.
Cities and villages enjoy absolute autonomy in establishing prima facie speed limits on streets under their jurisdiction and control. These limits can be established by any means recognized in the Michigan Vehicle Code or the Uniform Traffic Code for cities, villages, and townships. However, they should not be able to arbitrarily set lower speed limits based on nothing more than a whim or misguided perception.
When speed limits are posted that do not represent the actual operating environment in normal driving behavior, drivers continue to travel at the same speeds. Some information even indicates that the faster drivers may drive fast when inappropriate low speeds are posted. Artificially low speed limits result in a false sense of security for those in the community from the data from the Oakland County Road Commission that shows they do nothing to actually reduce vehicle speeds on a given roadway. Their conclusion is that signing is ineffective and constitutes a placebo. The combination of the effectiveness on speed limit signs to truly reduce overall vehicle travel speeds and the illusion of reduced travel speeds create a lethal mix for residents and other road users. Study after study has shown that, for the most part, drivers drive at any speeds they are comfortable with based on traffic and road conditions.
If we allow local government to change speed limits without cause, the only effect will be that drivers will face speed traps and increased costs, points, and insurance premium surcharges even though their behavior is not unsafe. This is nothing but a cash cow for locals. There are mechanisms in place to actively gauge what a safe and appropriate speed limit should be for any particular stretch of road.
This legislation should be turned down in favor of letting the existing process work, a process which only became fully effective just over a month a go. Let the changes settle in. In the next legislature, you can revisit whether the process needs to be modified. But if it does, let's be sure we tackle this issue with logic and intelligence, not a knee-jerk reaction. I ask you to join me, the Michigan State Police, the County Road Association, and the Michigan Department of Transportation in opposing Senate Bill No.248.
Senate Bill No.567, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," (MCL 252.301 to 252.325) by adding section 7a.
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.771 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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.
Senate Bill No.568, entitled
An act to amend 1972 PA 106, entitled "An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts," by amending sections 2, 3, 4, 6, 7, 9, 11, 12, 15, 16, 17, 18, 18a, and 19 (MCL 252.302, 252.303, 252.304, 252.306, 252.307, 252.309, 252.311, 252.312, 252.315, 252.316, 252.317, 252.318, 252.318a, and 252.319), sections 2, 3, 4, 6, 7, 9, 15, 17, and 19 as amended and section 11 as added by 1998 PA 533 and section 18a as added by 1998 PA 464, and by adding section 11a; and to repeal acts and parts of acts.
Substitute (H-3).
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.772 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 title as amended.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
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 Kuipers 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:
House Bill No.6291, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2682.
House Bill No.6295, entitled
A bill to amend 1984 PA 270, entitled "Michigan strategic fund act," by amending section 88a (MCL 125.2088a), as added by 2005 PA 225.
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.229, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416e.
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.230, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section3406s.
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.1508, entitled
A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 41 (MCL 800.41), as amended by 1998 PA 513.
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.1512, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 2004 PA 563.
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.6303, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2006 PA 32.
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.6292, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 276.
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.6293, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2683.
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.
By unanimous consent the Senate returned to the order of
Third Reading of Bills
Senator Hammerstrom moved that the rules be suspended and that the following bills, now on the order of ThirdReading of Bills, be placed on their immediate passage:
Senate Bill No.1508
Senate Bill No.1512
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.1508
Senate Bill No.1512
House Bill No.5022
House Bill No.6118
House Bill No.4042
House Bill No.5135
House Bill No.5374
House Bill No.5435
House Bill No.5492
House Bill No.6455
House Bill No.5968
House Bill No.5885
House Bill No.5886
House Bill No.5960
House Bill No.6318
House Bill No.6359
House Bill No.6039
Senate Bill No.891
The motion prevailed.
The following bill was read a third time:
Senate Bill No.1508, entitled
A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 41 (MCL 800.41), as amended by 1998 PA 513.
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.773 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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.1512, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 2004 PA 563.
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.774 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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.5022, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 276.
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.775 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; 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.6118, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 4 and 8 (MCL 207.804 and 207.808), section 4 as amended by 2003 PA 248 and section 8 as amended by 2006 PA 283.
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.776 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 promote economic growth and job creation within this state; to create and regulate the Michigan economic growth authority; to prescribe the powers and duties of the authority and of state and local officials; to assess and collect a fee; to approve certain plans and the use of certain funds; and to provide qualifications for and determine eligibility for tax credits and other incentives for authorized businesses and for qualified taxpayers,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4042, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2006 PA 184.
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.777 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 title of the bill.
The following bill was read a third time:
House Bill No.5135, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 37a of chapter VII, sections 12, 13, and 20a of chapter VIII, sections 1k, 10, 11, 12, and 13 of chapter IX, section 3 of chapter XI, and sections 13j, 16y, 16z, 21, 51, 52, 53, and 54 of chapter XVII (MCL 767.37a, 768.12, 768.13, 768.20a, 769.1k, 769.10, 769.11, 769.12, 769.13, 771.3, 777.13j, 777.16y, 777.16z, 777.21, 777.51, 777.52, 777.53, and 777.54), section 37a of chapter VII as added by 1994 PA 229, section 20a of chapter VIII as amended by 1983 PA 42, section 1k of chapterIX as added by 2005 PA 316, sections 10, 11, and 12 of chapter IX as amended and sections 51, 52, and 53 of chapterXVII as added by 1998 PA 317, section 13 of chapter IX as amended by 1994 PA 110, section 3 of chapter XI as amended by 2004 PA 330, section 13j of chapter XVII as added by 2002 PA 30, section 16y of chapter XVII as amended by 2006 PA 166, section 16z of chapter XVII as amended by 2006 PA 62, and sections 21 and 54 of chapter XVII as amended by 2000 PA 279; and to repeal acts and parts of acts.
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.778 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5374, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 507 (MCL 600.507), as amended by 2006 PA 103.
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.779 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 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,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5435, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 224a (MCL 750.224a), as amended by 2004 PA 338.
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.780 Yeas--30
Allen Clarke Jacobs Schauer
Barcia Cropsey Kuipers Sikkema
Basham Garcia McManus Stamas
Birkholz George Olshove Switalski
Bishop Gilbert Patterson Toy
Brown Goschka Prusi Van Woerkom
Cassis Hammerstrom Sanborn Whitmer
Cherry Hardiman
Nays--7
Brater Emerson Leland Thomas
Clark-Coleman Johnson Scott
Excused--1
Jelinek
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.5492, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7457 (MCL 333.7457), as added by 1988 PA 139.
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.781 Yeas--35
Allen Clark-Coleman Jacobs Scott
Barcia Clarke Johnson Sikkema
Basham Cropsey Kuipers Stamas
Birkholz Garcia McManus Switalski
Bishop George Olshove Thomas
Brater Gilbert Patterson Toy
Brown Goschka Prusi Van Woerkom
Cassis Hammerstrom Sanborn Whitmer
Cherry Hardiman Schauer
Nays--2
Emerson Leland
Excused--1
Jelinek
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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.6455, entitled
A bill to amend 1985 PA 87, entitled "William VanRegenmorter crime victim's rights act," by amending sections 13a, 16a, 17a, 31, 41a, 44a, 46b, 61, 76a, 78a, and 80a (MCL 780.763a, 780.766a, 780.767a, 780.781, 780.791a, 780.794a, 780.796b, 780.811, 780.826a, 780.828a, and 780.830a), sections 13a, 16a, 31, 44a, 61, and 76a as amended and sections 17a, 46b, and 80a as added by 2005 PA 184 and sections 41a and 78a as amended by 2000 PA 503, and by adding sections 2a, 18b, 31a, 45a, 61b, and 77b.
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.782 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 establish the rights of victims of crime and juvenile offenses; to provide for certain procedures; to establish certain immunities and duties; to limit convicted criminals from deriving profit under certain circumstances; to prohibit certain conduct of employers or employers' agents toward victims; and to provide for penalties and remedies,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5968, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 4a of chapter IX (MCL 769.4a), as amended by 2004 PA 220.
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.783 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5885, entitled
A bill to amend 1931 PA 285, entitled "An act to provide for city, village and municipal planning; the creation, organization, powers and duties of planning commissions; the regulation and subdivision of land; and to provide penalties for violation of the provisions of this act," by amending sections 7b, 8, and 8a (MCL 125.37b, 125.38, and 125.38a), sections 7b and 8a as added and section 8 as amended by 2001 PA 265.
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.784 Yeas--35
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Thomas
Brown Gilbert Olshove Toy
Cassis Goschka Patterson Van Woerkom
Cherry Hammerstrom Prusi Whitmer
Clark-Coleman Hardiman Sanborn
Nays--2
Brater Switalski
Excused--1
Jelinek
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 title of the bill.
Protest
Senator Brater, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No.5885 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting "no."
The motion prevailed.
Senator Brater's statement is as follows:
I just rise to call the members' attention to these bills. I think I am very much in the minority in having concerns about these bills, but I do think that in light of the work that the Governor's Land Use Council put into trying to foster into jurisdictional cooperation, we should take a moment to know what we are voting on. These two bills deal with eliminating the requirement that municipalities submit their plans to county planning boards for approval--review really. Although the objection to the current practices that only two counties, Washtenaw and Oakland, are currently reviewing these plans, I think that we need to keep in mind that this is the only process that the state of Michigan has for any kind of interjurisdictional cooperation in the planning process, except for allowing for joint planning commissions.
I think it's really going in the wrong direction in terms of implementing the Governor's land use policy that are recommendations that we made. There are situations where a township could be making a plan to convert something zoned ag to commercial, and it could abut an agricultural area in an adjoining township that that township was trying to preserve. We are basically impeding efforts to preserve farmland in this state. I think we should instill sound planning principles, and just for that reason, I am going to vote "no."
The following bill was read a third time:
House Bill No.5886, entitled
A bill to amend 1959 PA 168, entitled "An act to provide for township planning; for the creation, organization, powers and duties of township planning commissions; for the regulation and subdivision of land; and to prescribe penalties and provide remedies," by amending sections 7b, 8, and 9 (MCL 125.327b, 125.328, and 125.329), section 7b as added and sections 8 and 9 as amended by 2001 PA 263.
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.785 Yeas--36
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brown Gilbert Olshove Thomas
Cassis Goschka Patterson Toy
Cherry Hammerstrom Prusi Van Woerkom
Clark-Coleman Hardiman Sanborn Whitmer
Nays--1
Brater
Excused--1
Jelinek
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 title of the bill.
The following bill was read a third time:
House Bill No.5960, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section78101 (MCL 324.78101), as amended by 2004 PA 587, and by adding section 78117.
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.786 Yeas--36
Allen Clark-Coleman Hardiman Schauer
Barcia Clarke Jacobs Scott
Basham Cropsey Johnson Sikkema
Birkholz Emerson Leland Stamas
Bishop Garcia McManus Switalski
Brater George Olshove Thomas
Brown Gilbert Patterson Toy
Cassis Goschka Prusi Van Woerkom
Cherry Hammerstrom Sanborn Whitmer
Nays--0
Excused--1
Jelinek
Not Voting--1
Kuipers
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.
Senator Hammerstrom moved that Senator Kuipers be temporarily excused from the balance of today's session.
The motion prevailed.
The following bill was read a third time:
House Bill No.6318, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 5 (MCL 24.205), as amended by 2004 PA 23.
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.787 Yeas--36
Allen Clark-Coleman Hardiman Schauer
Barcia Clarke Jacobs Scott
Basham Cropsey Johnson Sikkema
Birkholz Emerson Leland Stamas
Bishop Garcia McManus Switalski
Brater George Olshove Thomas
Brown Gilbert Patterson Toy
Cassis Goschka Prusi Van Woerkom
Cherry Hammerstrom Sanborn Whitmer
Nays--0
Excused--2
Jelinek 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 effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.6359, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3801, 3805, 3807, 3809, 3811, 3815, 3817, 3819, 3823, 3827, 3830, 3831, 3835, 3839, 3841, and 3849 (MCL 500.3801, 500.3805, 500.3807, 500.3809, 500.3811, 500.3815, 500.3817, 500.3819, 500.3823, 500.3827, 500.3830, 500.3831, 500.3835, 500.3839, 500.3841, and 500.3849), sections 3801, 3807, 3809, 3811, 3815, and 3819 as amended and section 3830 as added by 2002 PA 304 and sections 3805, 3817, 3823, 3827, 3831, 3835, 3839, 3841, and 3849 as added by 1992 PA 84, and by adding section 3804; and to repeal acts and parts of acts.
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.788 Yeas--36
Allen Clark-Coleman Hardiman Schauer
Barcia Clarke Jacobs Scott
Basham Cropsey Johnson Sikkema
Birkholz Emerson Leland Stamas
Bishop Garcia McManus Switalski
Brater George Olshove Thomas
Brown Gilbert Patterson Toy
Cassis Goschka Prusi Van Woerkom
Cherry Hammerstrom Sanborn Whitmer
Nays--0
Excused--2
Jelinek 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 classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,".
The Senate agreed to the full title.
Senator Kuipers entered the Senate Chamber.
The following bill was read a third time:
House Bill No.6039, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) 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.789 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No.891, entitled
A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending the title and sections 1, 3, 13, and 28 (MCL 205.1, 205.3, 205.13, and 205.28), the title and section 1 as amended by 2002 PA 657, section 3 as amended by 2003 PA 92, section 13 as amended by 1996 PA 479, and section 28 as amended by 2003 PA 114.
The question being on the passage of the bill,
Senator Hardiman offered the following amendments:
1. Amend page 2, line 6, after "CERTAIN" by inserting "OTHER".
2. Amend page 8, line 9, by inserting:
"(E)(f) The department shall succeed to and is vested with all powers, duties, functions, responsibilities, and jurisdiction of the attorney general over the collection of all past due money and accounts that are owing to the state of Michigan or any department, commission, or institution of this state, vested in the attorney general by Act No.375 of the Public Acts of 1927, being sections 14.131 to 14.134 of the Michigan Compiled Laws1927 PA 375, MCL 14.131 TO 14.134." and relettering the remaining subdivision.
3. Amend page 10, line 2, by striking out all of subsection (4) and renumbering the remaining subsection.
4. Amend page 10, line 9, after "(4)" by striking out "A DEPARTMENT" and inserting "THE DEPARTMENT OF HUMAN SERVICES".
5. Amend page 11, line 13, after "in" by striking out "SECTION 13 OR".
The amendments were 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.790 Yeas--37
Allen Clarke Jacobs Schauer
Barcia Cropsey Johnson Scott
Basham Emerson Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Clark-Coleman
Nays--0
Excused--1
Jelinek
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
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.
Senate Concurrent Resolution No.62.
A concurrent resolution approving a lease among the State of Michigan, the State Building Authority, and Michigan Technological University relative to the Michigan Technological University General Campus Renovations (the "Facility").
The Assistant Secretary of the Senate made the following statement:
Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting voting therefor, as follows:
Roll Call No.791 Yeas--36
Allen Clark-Coleman Hardiman Schauer
Barcia Clarke Johnson Scott
Basham Cropsey Kuipers Sikkema
Birkholz Emerson Leland Stamas
Bishop Garcia McManus Switalski
Brater George Olshove Thomas
Brown Gilbert Patterson Toy
Cassis Goschka Prusi Van Woerkom
Cherry Hammerstrom Sanborn Whitmer
Nays--0
Excused--1
Jelinek
Not Voting--1
Jacobs
In The Chair: Sanborn
Senator Schauer moved that Senator Jacobs be temporarily excused from the balance of today's session.
The motion prevailed.
Senate Concurrent Resolution No.63.
A concurrent resolution to revise the scope and increase the total project cost of the Technical and Industrial Building Renovations project at Washtenaw Community College.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Senator Jacobs entered the Senate Chamber.
Senate Concurrent Resolution No.61.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northwestern College relative to the Northwestern College Oleson Center Renovations.
The Assistant Secretary of the Senate made the following statement:
Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting voting therefor, as follows:
Roll Call No.792 Yeas--36
Allen Clark-Coleman Jacobs Schauer
Barcia Clarke Johnson Scott
Basham Cropsey Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Nays--0
Excused--1
Jelinek
Not Voting--1
Emerson
In The Chair: Sanborn
Senator Allen was named co-sponsor of the concurrent resolution.
Senate Concurrent Resolution No.59.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Glen Oaks Community College relative to the Glen Oaks Community College Science Addition/Allied Health Renovation project.
The Assistant Secretary of the Senate made the following statement:
Mr.President and members of the Senate, the lease and exhibits are attached to the resolution and are available for review by the membership now at the rostrum or after session in the offices of the Session Staff in the Romney Building.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting voting therefor, as follows:
Roll Call No.793 Yeas--36
Allen Clark-Coleman Jacobs Schauer
Barcia Clarke Johnson Scott
Basham Cropsey Kuipers Sikkema
Birkholz Garcia Leland Stamas
Bishop George McManus Switalski
Brater Gilbert Olshove Thomas
Brown Goschka Patterson Toy
Cassis Hammerstrom Prusi Van Woerkom
Cherry Hardiman Sanborn Whitmer
Nays--0
Excused--1
Jelinek
Not Voting--1
Emerson
In The Chair: Sanborn
Senate Resolution No.148.
A resolution to recognize the Vietnamese Freedom and Heritage Flag as the flag of the Vietnamese-American community.
The question being on the adoption of the resolution,
The resolution was adopted.
Senator Johnson offered the following concurrent resolution:
Senate Concurrent Resolution No.64.
A concurrent resolution to revise the subtotal project costs for the Wayne State University Engineering Development Center project.
Whereas, The Wayne State University Engineering Development Center project was authorized in 2006 PA 345 with a total project cost of $27,350,000; and
Whereas, The subtotal costs for the State Building Authority and Wayne State University need to be revised to reflect the accurate costs of the project. The subtotal revisions do not increase the total project cost as established in 2006 PA 345; and
Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature, acting pursuant to MCL § 18.1246, revises the subtotal costs for the Wayne State University Engineering Development Center project by increasing the State Building Authority share from $12,350,000 to $14,999,800 and increasing the Wayne State University share from $11,500,000 to $12,350,000, with the General Fund General Purpose share remaining at $200, and the total project cost remaining at an amount not to exceed $27,350,000 and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further
Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and Wayne State University.
Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Appropriations.
The motion prevailed.
Senators Birkholz, Brater, Clarke, Jacobs, Switalski and Toy were named co-sponsors of the concurrent resolution.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Hammerstrom moved that the following bill, now on the order of the order of General Orders, be referred to the Committee on Finance:
Senate Bill No.1360, entitled
A bill to amend 2001 PA 34, entitled "Revised municipal finance act," by amending section 103 (MCL 141.2103) and by adding sections 518 and 519.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Thomas introduced
Senate Bill No.1519, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 531 (MCL 436.1531), as amended by 2005 PA 97.
The bill was read a first and second time by title and referred to the Committee on Economic Development, Small Business and Regulatory Reform.
House Bill No.4125, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2006 PA 380.
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 Education.
House Bill No.4337, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2005 PA 214.
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 Finance.
House Bill No.5259, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 2006 PA 83.
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.5351, entitled
A bill to repeal 1941 PA 152, entitled "An act to provide for the payment of bounties for the killing of starlings and crows; and to prescribe penalties for the violation of the provisions of this act," (MCL 433.301 to 433.304).
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 Natural Resources and Environmental Affairs.
House Bill No.5420, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2827 (MCL 333.2827).
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 Health Policy.
House Bill No.5608, entitled
A bill entering into the interstate insurance product regulation compact; and for related purposes.
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 Banking and Financial Institutions.
House Bill No.5637, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 2006 PA 83.
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.5717, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 59 and 78n (MCL 211.59 and 211.78n), section 59 as amended by 2001 PA 97 and section 78n as added by 1999 PA 123.
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 Finance.
House Bill No.5847, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8a (MCL 125.2688a), as amended by 2006 PA 440.
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 Commerce and Labor.
House Bill No.5851, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5827 (MCL 600.5827) and by adding chapter 30 and section 5840.
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 Judiciary.
House Bill No.5999, entitled
A bill to amend 1909 PA 17, entitled "An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons and substances; to prohibit or limit the selling, giving, or furnishing of certain weapons and substances to prisoners; to prohibit the control or possession of certain weapons and substances by prisoners; and to prescribe penalties," (MCL 800.281 to 800.285) by amending the title, as amended by 1982 PA 343, and by adding section 3a.
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.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6000, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17g of chapter XVII (MCL 777.17g), as added by 2002 PA 28.
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.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6049, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 30 (MCL 211.30), as amended by 2003 PA 194.
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 Finance.
House Bill No.6076, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4w (MCL 205.54w), as amended by 2004 PA 173.
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 Finance.
House Bill No.6077, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4s (MCL 205.94s), as added by 1999 PA 117.
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 Finance.
House Bill No.6187, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 233 (MCL 257.233), as amended by 2005 PA 317.
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.6271, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1715 (MCL 600.1715), as amended by 1983 PA 228.
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.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6300, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20950 (MCL 333.20950), as amended by 2000 PA 375.
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 Health Policy.
House Bill No.6346, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811 (MCL 257.811), as amended by 2004 PA 71.
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.6368, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 667a (MCL 257.667a), as amended by 2002 PA 534.
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.6386, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 6a (MCL 205.96a), as amended by 2004 PA 172.
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 Finance.
House Bill No.6387, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 5b (MCL 205.55b), as amended by 2004 PA 173.
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 Finance.
House Bill No.6390, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2891 (MCL 333.2891), as amended by 2004 PA 467.
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 Health Policy.
House Bill No.6392, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16184 and 16185 (MCL 333.16184 and 333.16185), section 16184 as added by 2006 PA 24 and section 16185 as added by 2006 PA 25.
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 Health Policy.
House Bill No.6394, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 12a (MCL 28.432a), as amended by 2002 PA 719.
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.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6416, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7524 (MCL 333.7524), as amended by 1994 PA 8.
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.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6469, entitled
A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 421 (MCL 280.421).
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 Agriculture, Forestry and Tourism.
House Bill No.6470, entitled
A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 247 (MCL 280.247).
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 Agriculture, Forestry and Tourism.
House Bill No.6472, entitled
A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 6 (MCL 280.6).
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 Agriculture, Forestry and Tourism.
House Bill No.6473, entitled
A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 21 (MCL 280.21), as amended by 1989 PA 134.
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 Agriculture, Forestry and Tourism.
House Bill No.6545, entitled
A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 196 (MCL 280.196), as amended by 1989 PA 149.
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 Agriculture, Forestry and Tourism.
House Bill No.6553, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 39 of chapter XVII (MCL 777.39), as added by 1998 PA 317.
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.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6576, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 30104b.
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 Natural Resources and Environmental Affairs.
House Bill No.6577, entitled
A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending sections 4 and 21 (MCL 325.1004 and 325.1021), section 4 as amended by 2006 PA 37, and by adding section 4a.
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 Natural Resources and Environmental Affairs.
House Bill No.6580, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57, 57b, 57f, and 57g (MCL 400.57, 400.57b, 400.57f, and 400.57g), section 57 as added by 1995 PA 223, section 57b as amended by 1999 PA 9, and sections 57f and 57g as amended by 2001 PA 280, and by adding sections 57p, 57q, 57r, 57s, and 57t.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6587, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57e (MCL 400.57e), as amended by 2001 PA 280.
The House of Representatives has passed the bill.
The bill was read a first and second time by title.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6599, entitled
A bill to amend 1917 PA 350, entitled "An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act," by amending sections 1, 2, 3, 4, 5, and 8 (MCL 445.401, 445.402, 445.403, 445.404, 445.405, and 445.408), sections 1 and 3 as amended by 2006 PA 294; and to repeal acts and parts of acts.
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 Economic Development, Small Business and Regulatory Reform.
House Bill No.6626, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7d (MCL 211.7d), as amended by 1998 PA 469.
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 Finance.
House Bill No.6630, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14h of chapter XVII (MCL 777.14h), as amended by 2004 PA 457.
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 Economic Development, Small Business and Regulatory Reform.
House Bill No.6636, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section11105a (MCL 324.11105a), as added by 1995 PA 124; and to repeal acts and parts of acts.
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.
Senator Hammerstrom moved that rule 3.203 be suspended to permit referral of the bill to the Committee of the Whole and placed on the order of General Orders.
The motion prevailed, the majority of the members serving voting therefor.
House Bill No.6661, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 115f, 115g, 115h, 115i, 115j, 115k, 115l, and 115m (MCL 400.115f, 400.115g, 400.115h, 400.115i, 400.115j, 400.115k, 400.115l, and 400.115m), sections 115f and 115g as amended by 2004 PA 193, sections 115h and 115k as added by 1994 PA 238, and sections115i, 115j, 115l, and 115m as amended by 2002 PA 648, and by adding sections 115t and 115u.
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 Judiciary.
House Bill No.6663, entitled
A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 5 (MCL 480.15), as amended by 2005 PA 177.
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.6668, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections4101, 4105, and 4110 (MCL 324.4101, 324.4105, and 324.4110), section 4105 as amended by 2004 PA 325, and by adding sections 4112 and 4113.
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 Natural Resources and Environmental Affairs.
House Bill No.6681, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," (MCL 42.1 to 42.34) by adding section 13a.
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 Commerce and Labor.
Statements
Senator Scott asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Scott's statement is as follows:
I just want to remind my colleagues and staff that it is so important that we deal with this insurance. There's still a window open that we could do something, but I'm sure that it's not going to happen. Let's keep in mind that the first of the year, we really do need to deal with insurance--not only car insurance, but homeowners insurance--for those who make the least and pay the most.
Committee Reports
The Committee on Banking and Financial Institutions reported
House Bill No.5815, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section2264a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael D. Bishop
Chairperson
To Report Out:
Yeas: Senators Bishop, Van Woerkom, Stamas, Leland, Olshove and Clark-Coleman
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Banking and Financial Institutions reported
House Bill No.5816, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael D. Bishop
Chairperson
To Report Out:
Yeas: Senators Bishop, Van Woerkom, Stamas, Leland, Olshove and Clark-Coleman
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Banking and Financial Institutions reported
House Bill No.6299, entitled
A bill to amend 1999 PA 276, entitled "Banking code of 1999," by amending sections 4401 and 4405 (MCL 487.14401 and 487.14405).
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Michael D. Bishop
Chairperson
To Report Out:
Yeas: Senators Bishop, Van Woerkom, Stamas, Leland, Olshove and Clark-Coleman
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Banking and Financial Institutions submitted the following:
Meeting held on Thursday, November 30, 2006, at 1:00p.m., Room 100, Farnum Building
Present: Senators Bishop (C), Van Woerkom, Stamas, Leland, Olshove and Clark-Coleman
Excused: Senator Sanborn
The Committee on Agriculture, Forestry and Tourism reported
House Bill No.5033, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2003 PA 140.
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 and Jelinek
Nays: Senators Brater and Whitmer
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Agriculture, Forestry and Tourism submitted the following:
Meeting held on Thursday, November 30, 2006, at 9:00a.m., Room 110, Farnum Building
Present: Senators Van Woerkom (C), Gilbert, Jelinek, Brater and Whitmer
The Committee on Local, Urban and State Affairs reported
House Bill No.5278, entitled
A bill to amend 1919 PA 339, entitled "Dog law of 1919," (MCL 287.261 to 287.290) by adding section 14a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Goschka, Basham and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
House Bill No.6239, entitled
A bill to amend 1943 PA 174, entitled "An act to establish a fiscal year for and the time of filing annual reports based thereon of counties, county road commissions and other county agencies; and to declare the effect of this act," by amending section 1 (MCL 45.201), as amended by 1994 PA 347.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Goschka, Basham and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
House Bill No.4357, entitled
A bill to amend 2004 PA 438, entitled "An act to designate Police Officers Memorial Day in the state of Michigan," by amending the title and sections 1 and 2 (MCL 435.351 and 435.352).
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.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Goschka, Basham and Whitmer
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
House Bill No.5529, entitled
A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts," by amending section 11 (MCL 41.811), as amended by 2004 PA 464.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Goschka, Basham and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
House Bill No.6116, entitled
A bill to amend 1959 PA 54, entitled "An act to provide for the disposition and sale of certain stolen property recovered by any county sheriff; and to provide for the disposition of the proceeds of sale and certain other property," by amending section 1 (MCL 434.171), as amended by 1984 PA 257.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Goschka, Basham and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
House Bill No.6322, entitled
A bill to amend 1979 PA 214, entitled "An act to provide for the disposition and sale of certain stolen or abandoned property recovered or discovered within a village or township; and to provide for the disposition of the proceeds of sale and certain other property," by amending the title and section 1 (MCL 434.181), the title as amended by 1984 PA 258.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Goschka, Basham and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
House Bill No.5553, entitled
A bill to amend 1988 PA 57, entitled "An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to guarantee certain labor contracts and employment rights in regard to the formation and reorganization of authorities; to provide for certain condemnation proceedings; to provide for the levy of property taxes for certain purposes; and to prescribe penalties and provide remedies," by amending the title and sections 5 and 9 (MCL 124.605 and 124.609), the title as amended by 1999 PA 167.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Birkholz and Goschka
Nays: Senator Basham
The bill was referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
Senate Resolution No.148.
A resolution to recognize the Vietnamese Freedom and Heritage Flag as the flag of the Vietnamese-American community.
(For text of resolution, see Senate Journal No.58, p. 1315.)
With the recommendation that the resolution be adopted.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Birkholz, Goschka, Basham and Whitmer
Nays: None
The resolution was placed on the order of Resolutions.
The Committee on Local, Urban and State Affairs reported
Senate Bill No.1452, entitled
A bill to amend 1836 PA 25, entitled "An act concerning the records of deeds and other conveyances of land," by amending section 1 (MCL 565.581).
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.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Birkholz and Goschka
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
Senate Bill No.1453, entitled
A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 2002 PA 19.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Birkholz, Goschka and Basham
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
Senate Bill No.1454, entitled
A bill to amend 1867 PA 20, entitled "An act relative to recording deeds, mortgages and instruments of record, and to declare the effect thereof," by amending section 1 (MCL 565.491), as amended by 1992 PA 211.
With the recommendation that the substitute (S-2) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Birkholz, Goschka and Basham
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Local, Urban and State Affairs reported
House Bill No.6325, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of commissioners with respect to county and regional parks and recreation commissions," by amending section 1 (MCL 46.351), as amended by 2003 PA 187.
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.
Laura M. Toy
Chairperson
To Report Out:
Yeas: Senators Toy, Goschka, Basham and Whitmer
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Natural Resources and Environmental Affairs reported
House Bill No.5872, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 20120e.
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.
Patricia L. Birkholz
Chairperson
To Report Out:
Yeas: Senators Birkholz, Patterson and Van Woerkom
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 Natural Resources and Environmental Affairs submitted the following:
Meeting held on Tuesday, December 5, 2006, at 12:05p.m., Rooms 402 and 403, Capitol Building
Present: Senators Birkholz (C), Patterson, Van Woerkom and Basham
Excused: Senator Brater
The Committee on Transportation reported
House Bill No.4889, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 733 (MCL 257.733), as amended by 2004 PA 62.
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 and Goschka
Nays: Senator Leland
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.6137, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217d, 801, 811d, 811e, 811f, 811g, 811h, 811i, 811j, 811k, 811l, and 811n (MCL 257.217d, 257.801, 257.811d, 257.811e, 257.811f, 257.811g, 257.811h, 257.811i, 257.811j, 257.811k, 257.811l, and 257.811n), sections 217d and 811h as amended by 2003 PA 152, section 801 as amended by 2006 PA 136, section 811d as amended by 2005 PA 317, section 811e as amended by 2001 PA 124, sections 811f and 811g as added by 2000 PA 77, section 811i as added by 2000 PA 74, section 811j as added by 2000 PA 71, section 811k as added by 2000 PA 73, section 811l as added by 2000 PA 70, and section 811n as added by 2000 PA 79, and by adding sections 811m, 811o, 811p, and 811q; and to repeal acts and parts of acts.
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, 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, December 5, 2006, at 1:00p.m., Room 110, Farnum Building
Present: Senators Gilbert (C), Kuipers, Goschka, Leland and Basham
The Committee on Judiciary reported
Senate Bill No.1508, entitled
A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 41 (MCL 800.41), as amended by 1998 PA 513.
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 and Whitmer
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.6631, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 197c (MCL 750.197c), as amended by 1998 PA 510.
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, Sanborn, Patterson, Schauer and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.6632, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16j of chapter XVII (MCL 777.16j), as amended by 2006 PA 243.
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, Sanborn, Patterson, Schauer and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.6181, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 15g to chapter IV.
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, Sanborn, Patterson, Schauer and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.6275, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 40.
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, Sanborn, Patterson, Schauer and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.6364, entitled
A bill to amend 1945 PA 302, entitled "An act authorizing the governor to proclaim a state of emergency, and to prescribe the powers and duties of the governor with respect thereto; and to prescribe penalties," by amending section 1 (MCL 10.31).
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, Sanborn, Patterson, Schauer and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.6363, entitled
A bill to amend 1976 PA 390, entitled "Emergency management act," by amending section 5 (MCL 30.405), as amended by 1990 PA 50.
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, Sanborn, Patterson, Schauer and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5657, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 2006 PA 216.
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, Sanborn, Patterson, Schauer and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5658, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 18 of chapter XVII (MCL 777.18), as amended by 2000 PA 304.
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, Sanborn, Patterson, Schauer and Whitmer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.4806, entitled
A bill to amend 1949 PA 300, "Michigan vehicle code," by amending section 810b (MCL 257.810b), as amended by 2005 PA 141, and by adding section 601a.
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, Sanborn, Patterson and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.1518, entitled
A bill to amend 1988 PA 418, entitled "Uniform statutory rule against perpetuities," by amending sections 2 and 5 (MCL 554.72 and 554.75).
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, Sanborn, Schauer and Whitmer
Nays: Senator Patterson
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.6348, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2157b.
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, Sanborn, Schauer and Whitmer
Nays: Senator Patterson
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5221, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8407 (MCL 600.8407), as amended by 1991 PA 192.
With the recommendation that the substitute (S-2) 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, Schauer and Whitmer
Nays: Senator Patterson
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, December 5, 2006, at 1:00p.m., Room 210, Farnum Building
Present: Senators Cropsey (C), Bishop, Sanborn, Patterson, Schauer and Whitmer
Excused: Senator Brater
The Committee on Families and Human Services reported
Senate Bill No.1512, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 2004 PA 563.
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.
Bill Hardiman
Chairperson
To Report Out:
Yeas: Senators Hardiman, Hammerstrom, Sanborn, Jacobs and Clark-Coleman
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 Families and Human Services submitted the following:
Meeting held on Tuesday, December 5, 2006, at 3:00p.m., Room 210, Farnum Building
Present: Senators Hardiman (C), Hammerstrom, Sanborn, Jacobs and Clark-Coleman
COMMITTEE ATTENDANCE REPORT
The Senate/House Workgroup on Community College Nursing Programs submitted the following:
Meeting held on Thursday, November 30, 2006, at 12:00 noon, Room 428, Capitol Building
Excused: Senators Jelinek (C), Stamas and Switalski
COMMITTEE ATTENDANCE REPORT
The Joint Select Committee on Economic Growth (SCR 45) submitted the following:
Meeting held on Monday, December 4, 2006, at 1:12p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Cassis (C), Sanborn and Thomas
Scheduled Meetings
Agriculture, Forestry and Tourism - Thursday, December 7, 8:00a.m., Room 210, Farnum Building (373-1635)
Appropriations -
Subcommittee -
Capital Outlay - Thursday, December 7, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Banking and Financial Institutions - Thursday, December 7, 12:00 noon, Room 100, Farnum Building (373-2417)
Commerce and Labor - Thursday, December 7, 8:30a.m., Room 100, Farnum Building (373-2413)
Education - Thursday, December 7, 2:00p.m., Room 210, Farnum Building (373-6920)
Michigan Law Revision Commission - Monday, December 18, 1:00p.m., Room 426, Capitol Building (373-0212)
Senior Citizens and Veterans Affairs - Wednesday, December 13, 1:00p.m., Room 100, Farnum Building (373-1707)
Senator Cropsey moved that the Senate adjourn.
The motion prevailed, the time being 12:14p.m.
The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Thursday, December 7, 2006, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate