2006-SJ-12-07-093.htm

No. 93

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Thursday, December 7, 2006.

10:00a.m.

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

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

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

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

Basham--excused 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

Pastor Anthony R. Hood of Scott Memorial United Methodist Church of Detroit offered the following invocation:

Almighty God, we give You honor and praise. We thank You for giving us one more day to experience the beauty of Your creation. Pour out Your spirit of grace and peace upon these elected officials as they gather today. Speak to their hearts and minds. Grant them Your wisdom as they make decisions that affect the lives of all the residents in the state of Michigan.

Bless our state, our residents, and our lawmakers with a common vision as we navigate the current economic realities. Let this day be the beginning of a glorious new future for the state of Michigan. Look with favor upon these men and women as they seek the common good for our state.

Merciful and loving God, hear our prayer. Amen.

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

Motions and Communications

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.1303

Senate Bill No.1304

House Bill No.6182

Senate Bill No.1327

Senate Bill No.350

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

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

The motion prevailed.

Senator Schauer moved that Senator Basham be excused from today's session.

The motion prevailed.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 6:

House Bill Nos. 5923 5927 6695

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 7:

House Bill Nos. 4647 5966 6313 6474 6475 6476 6477 6638 6639 6693

Senator Garcia entered the Senate Chamber.

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 "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 628 and 629 (MCL 257.628 and 257.629), as amended by 2006 PA 85.

The House of Representatives has concurred in the Senate amendment to the House substitute (H-8) and ordered that the bill be given immediate effect.

Senator Hammerstrom moved that the bill be given immediate effect.

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

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

Senate Bill No.387, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," (MCL 208.1 to 208.145) by adding section 34; and to repeal acts and parts of acts.

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

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 President, Lieutenant Governor Cherry, designated Senator Hardiman as Chairperson.

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

House Bill No.6043, entitled

A bill to amend 2005 PA 210, entitled "Commercial rehabilitation act," by amending section 2 (MCL 207.842).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

House Bill No.6174, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending sections 5, 5c, and 5f (MCL 722.115, 722.115c, and 722.115f), section 5 as amended by 2006 PA 51, section 5c as added by 2005 PA 133, and section 5f as added by 2005 PA 128.

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.

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.

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.1327, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1532 (MCL 380.1532), as amended by 1995 PA 289.

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.350, entitled

A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending sections 2 and 10a of article V (MCL 479.2 and 479.10a), section 2 of article V as amended by 1996 PA 76 and section 10a of article V as amended by 1993 PA 352, and by adding article I-A; and to repeal acts and parts of acts.

Substitute (S-2).

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

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

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).

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.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.

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.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.

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.6182, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1g to chapter IV.

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.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.

Substitute (S-2).

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

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

House Bill No.6173, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and 1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g, 380.1535a, and 380.1539b), as amended by 2006 PA 84, and by adding section 1230e.

Substitute (S-2).

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

1. Amend page 13, line 22, after "means" by striking out "either" and inserting "ANY".

2. Amend page 14, following line 9, by inserting:

"(iii) TO WORK AS AN OFFICIAL FOR AN INTERSCHOLASTIC ATHLETIC GAME, CONTEST, OR TOURNAMENT.".

3. Amend page 25, line 13, after "means" by striking out "either" and inserting "ANY".

4. Amend page 25, following line 27, by inserting:

"(iii) TO WORK AS AN OFFICIAL FOR AN INTERSCHOLASTIC ATHLETIC GAME, CONTEST, OR TOURNAMENT.".

5. Amend page 27, line 3, by striking out "either" and inserting "ANY".

6. Amend page 27, following line 17, by inserting:

"(iii) TO WORK AS AN OFFICIAL FOR AN INTERSCHOLASTIC ATHLETIC GAME, CONTEST, OR TOURNAMENT.".

7. Amend page 33, line 11, after "means" by striking out "either" and inserting "ANY".

8. Amend page 33, following line 25, by inserting:

"(iii) TO WORK AS AN OFFICIAL FOR AN INTERSCHOLASTIC ATHLETIC GAME, CONTEST, OR TOURNAMENT.".

9. Amend page 34, line 14, by striking out "EITHER" and inserting "ANY".

10. Amend page 35, following line 1, by inserting:

"(iii) TO WORK AS AN OFFICIAL FOR AN INTERSCHOLASTIC ATHLETIC GAME, CONTEST, OR TOURNAMENT.".

11. Amend page 41, line 4, after "VERIFIED" by inserting "USING PUBLIC RECORDS".

12. Amend page 44, line 17, after "means" by striking out "either" and inserting "ANY".

13. Amend page 45, following line 4, by inserting:

"(iii) TO WORK AS AN OFFICIAL FOR AN INTERSCHOLASTIC ATHLETIC GAME, CONTEST, OR TOURNAMENT.".

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

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

Senate Bill No.1303, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2201, 2202, 2203, 2204, 2205, 2208, 2209, 2210, and 2211 (MCL 339.2201, 339.2202, 339.2203, 339.2204, 339.2205, 339.2208, 339.2209, 339.2210, and 339.2211), section 2204 as amended by 1981 PA 83 and sections 2205 and 2209 as amended by 1988 PA 463, and by adding section 2202a.

Substitute (S-3).

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.1304, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 15 (MCL 338.2215), as amended by 2003 PA 87.

Substitute (S-1).

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

During the Committee of the Whole, Senators McManus and Brater entered the Senate Chamber.

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.1304

Senate Bill No.1303

Senate Bill No.1327

Senate Bill No.350

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.1303

Senate Bill No.1304

Senate Bill No.1327

Senate Bill No.350

House Bill No.6303

House Bill No.5580

House Bill No.5704

The motion prevailed.

The following bill was read a third time:

Senate Bill No.1303, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.794 Yeas--34

Allen Clarke Johnson Scott

Barcia Cropsey Kuipers Sikkema

Birkholz Garcia McManus Stamas

Bishop George Olshove Switalski

Brater Gilbert Patterson Thomas

Brown Goschka Prusi Toy

Cassis Hammerstrom Sanborn Van Woerkom

Cherry Hardiman Schauer Whitmer

Clark-Coleman Jacobs

Nays--1

Emerson

Excused--3

Basham Jelinek Leland

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

Senator Leland entered the Senate Chamber.

The following bill was read a third time:

Senate Bill No.1304, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 15 (MCL 338.2215), as amended by 2003 PA 87.

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.795 Yeas--35

Allen Clarke Johnson Scott

Barcia 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

Clark-Coleman Jacobs Schauer

Nays--1

Emerson

Excused--2

Basham Jelinek

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.1327, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1532 (MCL 380.1532), as amended by 1995 PA 289.

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.796 Yeas--35

Allen Clarke Johnson Scott

Barcia 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

Clark-Coleman Jacobs Schauer

Nays--1

Emerson

Excused--2

Basham Jelinek

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.350, entitled

A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 1 of article I, sections 5, 6, 7, and 10 of article II, section 6 of article III, and section 2 of article V (MCL 475.1, 476.5, 476.6, 476.7, 476.10, 477.6, and 479.2), section 1 of article I, sections 5 and 7 of article II, and section 6 of article III as amended by 1993 PA 352, sections 6 and 10 of article II as amended by 1982 PA 399, and section 2 of article V as amended by 1996 PA 76, and by adding section 7 to article V.

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.797 Yeas--21

Allen Garcia Hardiman Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert Kuipers Stamas

Brown Goschka McManus Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey

Nays--15

Barcia Clarke Olshove Switalski

Brater Emerson Prusi Thomas

Cherry Jacobs Schauer Whitmer

Clark-Coleman Leland Scott

Excused--2

Basham Jelinek

Not Voting--0

In The Chair: Birkholz

The Senate agreed to the title of the bill.

The following bill was read a third time:

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.

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.798 Yeas--34

Allen Clarke Johnson Scott

Barcia Cropsey Kuipers Sikkema

Birkholz Garcia McManus Stamas

Bishop George Olshove Switalski

Brater Gilbert Patterson Thomas

Brown Goschka Prusi Toy

Cassis Hammerstrom Sanborn Van Woerkom

Cherry Hardiman Schauer Whitmer

Clark-Coleman Jacobs

Nays--2

Emerson Leland

Excused--2

Basham Jelinek

Not Voting--0

In The Chair: Birkholz

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 authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,".

The Senate agreed to the full title.

The following bill was announced:

House Bill No.5580, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 24c and 24d (MCL 168.24c and 168.24d).

(This bill was read a third time on December 5 and consideration postponed. See Senate Journal No.91, p. 2334.)

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.799 Yeas--33

Allen Cropsey Johnson Scott

Barcia Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Prusi Toy

Cassis Hardiman Sanborn Van Woerkom

Clark-Coleman Jacobs Schauer Whitmer

Clarke

Nays--2

Cherry Emerson

Excused--2

Basham Jelinek

Not Voting--1

Patterson

In The Chair: Birkholz

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 reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,".

The Senate agreed to the full title.

The following bill was announced:

House Bill No.5704, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 312 and 646a (MCL 168.312 and 168.646a), section 312 as amended by 2005 PA 71 and section 646a as amended by 2004 PA 295.

(This bill was read a third time on December 5 and consideration postponed. See Senate Journal No.91, p. 2334.)

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.800 Yeas--34

Allen Cropsey Kuipers Scott

Barcia Garcia Leland Sikkema

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Goschka Patterson Thomas

Brown Hammerstrom Prusi Toy

Cassis Hardiman Sanborn Van Woerkom

Clark-Coleman Jacobs Schauer Whitmer

Clarke Johnson

Nays--2

Cherry Emerson

Excused--2

Basham Jelinek

Not Voting--0

In The Chair: Birkholz

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

The Senate agreed to the full title.

By unanimous consent the Senate proceeded to the order of

Resolutions

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

Senate Resolution No.71

The motion prevailed.

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

Senate Resolution No.167

The resolution consent calendar was adopted.

Senator Clark-Coleman offered the following resolution:

Senate Resolution No.167.

A resolution in memoriam to Dearborn Mayor Michael A. Guido.

"Well done, good and faithful servant; thou hast been

faithful over a few things, I will make thee ruler over

many things. Enter into the joy of thy Lord."

-- Matthew 25:23

Whereas, The members of the Michigan Senate wish to extend heartfelt condolences to the family and friends of Dearborn Mayor Michael A. Guido. We respect his many contributions to the Dearborn community as a 29-year officeholder. We honor the nearly three decades he served the city of Dearborn, therefore, improving the lives of Michiganders; and

Whereas, Mayor Guido first served as a Dearborn City Council member from 1977 to 1985 and then served the people of Dearborn as mayor for six terms from 1986 to 2006. He changed the physical face and space of Dearborn, initiating projects that revived critical residential and retail areas downtown. The jewel in his development cap was the construction of the Ford Community & Performing Arts Center in 2001, the largest municipally-owned recreation center in North America; and

Whereas, A Dearborn native, Mayor Guido combined a friendly, easy-going manner with a knack for getting things done. He improved public safety by renovating the police station, creating the municipal Justice Complex, enhancing the 9-1-1-system, and providing new body armor for officers, among other changes. He implemented major road reconstructions, initiated a citywide flower planting program, built a new senior citizens center, created Veterans Plaza, automated permit scheduling for Building and Scheduling customers, oversaw the development of several residential and retail complexes, and worked closely with Ford Motor Co. as it invested $2 billion to transform the Rouge Center into a model of sustainable manufacturing; and

Whereas, Mayor Guido was a consummate statesman, meeting with former Presidents Clinton and Bush and serving with distinction under three governors. He ensured that the people of Dearborn received seamless service no matter the political party in leadership; and

Whereas, Mayor Guido used his office to promote racial equality and equal access. His efforts to bridge the racial and socio-economic gap in his city set the standard for such work in southeastern Michigan. He was first to promote Dearborn as home to people from more than 80 different cultures, ethnic groups, and nationalities; and

Whereas, Above all, he believed that being mayor of his hometown was "the greatest job and greatest honor in the whole world." We are grateful for the legacy of service he has left for us; now, therefore, be it

Resolved by the Senate, That we commemorate the memory of Dearborn Mayor Michael A. Guido. May his family accept this tribute as a symbol of the high regard in which his memory is held by the people of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the family of Mayor Michael A. Guido with our deepest condolences.

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

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

Senators Schauer and Bishop offered the following resolution:

Senate Resolution No.166.

A resolution to urge the National Collegiate Athletic Association to develop a playoff system to determine its Division I-A football championship in order to protect the integrity of public investment in university athletics.

Whereas, With the announcement of the NCAA Division I-A football teams that will face each other for the national championship, followers of college football in Michigan have expressed disbelief and disappointment. Although this decision is based on a system that includes considerable computer data, there seems to be little logical or objective about this decision. Serious fans can cite all kinds of "evidence" to support their outrage, but it is also obvious that the impact of this decision extends beyond the sports world; and

Whereas, The image of college football is comprised of crisp autumn afternoons, marching bands, loyal fans, and hardworking student athletes. Another major component of big-time college football, however, is captured by balance sheets. This fact is evident in the benefits that can occur for a school that competes in the national championship game; and

Whereas, Michigan's several Division I-A NCAA football programs, like those in other states, represent a significant public investment. The schools and the public at large have the right to expect that the process of determining teams for the national championship game is sound, as has been the case with all other NCAA divisions which decide their championships with playoff systems. Playoffs have proven their worth by allowing the student athletes to determine the outcome of a national championship without being detrimental to their academic pursuits; and

Whereas, The current BCS system, which includes a cornucopia of subjective factors, regional influences, emotions, and cronyism, as well as unprecedented lobbying by coaches, alumni, and even broadcasters, on top of already monumental public relations efforts, undermines the essence of college sports--fair play; and

Whereas, The controversy that seems to have surrounded the Bowl Championship Series almost since its inception in the late 1990s goes beyond the world of sports radio shows. Athletics can impact many other aspects of our universities. With the rise in applications and general interest in universities that often takes place at schools that become national champions in major sports, it is clear that Division I football championships must be settled in a more objective manner; now, therefore, be it

Resolved by the Senate, That we urge the National Collegiate Athletic Association to develop a playoff system to determine its Division I-A football championship in order to protect the integrity of public investment in university athletics; and be it further

Resolved, That copies of this resolution be transmitted to the National Collegiate Athletic Association.

Pending the order that, under rule 3.204, the 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 resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Appropriations.

The motion prevailed.

Recess

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

The motion prevailed, the time being 11:43a.m.

2:01p.m.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Hammerstrom moved that Senator Garcia be excused from the balance of today's session.

The motion prevailed.

Senator Hammerstrom moved that the Committee on Finance be discharged from further consideration of the following bill:

House Bill No.5545, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 3 (MCL 207.623).

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Hammerstrom moved that the Committee on Government Operations be discharged from further consideration of the following bill:

House Bill No.4328, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1998 PA 142.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

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

House Bill No.6606

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

By unanimous consent the Senate returned 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 Hardiman as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Birkholz, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendments, the following bill:

House Bill No.6606, entitled

A bill relating to the promotion of convention business and tourism in this state and certain metropolitan areas of this state; to provide for tourism and convention marketing and promotion programs in certain metropolitan areas; to provide for imposition and collection of assessments on the owners of transient facilities to support tourism and convention marketing and promotion programs; to provide for the disbursement of the assessments; to establish the functions and duties of certain state departments and employees; and to prescribe penalties and remedies.

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

1. Amend page 2, line 5, by striking out all of subdivision (b) and inserting:

"(b) "Assessment district" means a municipality or a combination of municipalities as described in a marketing program.".

2. Amend page 2, line 16, after "than" by striking out "30" and inserting "25".

3. Amend page 3, following line 8, by inserting:

"(i) "Municipality" means a city, county, village, or township." and relettering the remaining subdivisions.

4. Amend page 4, line 15, after "levied" by striking out the balance of the line through "period," on line 16.

5. Amend page 4, line 16, after the first "the" by striking out "county" and inserting "municipality or municipalities".

6. Amend page 4, following line 17, by inserting:

"(4) A bureau may impose an assessment not to exceed 2% of the room charges in the applicable payment period if either of the following conditions is met:

(a) The assessment district includes a municipality having a population of more than 570,000 and less than 775,000.

(b) The assessment district includes a municipality within which is levied a 4% marketing assessment under 1980 PA 395, MCL 141.871 to 141.880." and renumbering the remaining subsections.

The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended 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 bill, now on the order of ThirdReading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:

House Bill No.6606

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

The following bill was read a third time:

House Bill No.6606, entitled

The question being on the passage of the bill,

The bill was passed, a majority of the members serving voting therefor, as follows:

Roll Call No.801 Yeas--29

Allen Clarke Kuipers Sikkema

Barcia George Leland Stamas

Birkholz Goschka McManus Switalski

Bishop Hammerstrom Olshove Thomas

Brater Hardiman Prusi Toy

Brown Jacobs Schauer Van Woerkom

Cherry Johnson Scott Whitmer

Clark-Coleman

Nays--6

Cassis Emerson Patterson Sanborn

Cropsey Gilbert

Excused--3

Basham Garcia Jelinek

Not Voting--0

In The Chair: Birkholz

Senator Hammerstrom moved that the bill be given immediate effect.

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

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Brown 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 Brown's statement is as follows:

Madam President, I rise for a personal observation and reflection on the historic meaning of today, December 7th. Madam President, on this day, we pay tribute to the brave sailors of Pearl Harbor who lost their lives when the Japanese Imperial Navy attacked our nation's battleship force just before 8a.m. on December 7, 1941. Within a short period of time, over 2,400 Americans were dead and the U.S. fleet decimated. This same day my maternal great-grandfather got into his truck at his home in Fort Wayne, Indiana, preparing to go to work and then without warning, he passed away. At the same time, my father was enrolled at the University of Kansas and the day's events would place him on a path of enlistment in the United States Navy. He became a navigation officer, serving on the first USS Enterprise and on the jeep carrier USS Card. December 7th was a day in the life of my family that will never be forgotten--a day remembered by families all across America because of events like these that surrounded the significance of this red-letter day.

While this ensuing war would be waged against Imperial Japan and Nazi Germany, Japanese and German names filled America's muster rolls, and these good citizens served our country with distinction. My own mother's family worked the family farm by day, and then around the dinner table at night, they spoke the language of their national heritage; they spoke German. And that is the real genius of America. People from countries all over the world can come here for freedom and opportunity and become something new. They can become Americans.

And so, Madam President, today America reflects back a generation ago when an unprovoked attack stole the peace and quiet of America, forever changing her resolve to defend freedom and liberty.

May we well remember those service men and women who fell under fire at Pearl Harbor on December 7, 1941.

Senator Scott's statement is as follows:

This week, the Office of Financial and Insurance Services released its 2006 guide to home and renters insurance in Michigan. The guide provides consumers with a way to find out what insurance companies are charging for different home and renters policies around the state.

OFIS states that this rate survey is designed to show how much rates can vary from company to company and to help us find the best coverage at the best rate. I would certainly agree with OFIS that a good way to find the best rates is to shop around.

I guess I wasn't shocked to learn from reading the report and the rate survey that Detroit rates were significantly higher amongst most all of the insurance companies than in other parts of the states. But I must say that I am shocked and saddened with what my constituents have been recently telling me about their experiences with insurance companies when it comes to filing a homeowner's claim. Given the rates that we pay in Detroit, I would expect more from our insurance companies. I have heard story after story about how insurance companies deny valid claims and do not act in good faith during the claims process. This is precisely why I introduced legislation, Senate Bill Nos. 23 and 25, requiring insurers to deal fairly and in good faith with individuals claiming benefits.

You can imagine the frustration and anger when these individuals are denied claims, after paying thousands of dollars to insure their homes. When we pay good money for a policy, we expect and we deserve to be treated fairly and with respect.

I could describe to you in detail what I have heard from several individuals who filed claims, where I simply could not believe what I was hearing. But I will spare you these details and just tell you that we must do something to require insurance companies to act in good faith when we bring legitimate claims to them.

As responsible people, we pay thousands of dollars for homeowner's policies to protect our homes and our belongings. It is the obligation and duty of insurance companies to respect that and to act fairly and diligently when we come to them with a claim.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

House Bill No.4647, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 36e.