2006-SJ-12-12-094

No. 94

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Tuesday, December 12, 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 not 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--present 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

Reverend Jerome J. Washington of Metropolitan Baptist Church of Detroit offered the following invocation:

Good and loving Father, we come this morning and we look to You for direction. We look to You for guidance. Give these, Your servants, servants of the people, clarity of mind and dedication of spirit so that they might make choices that will glorify You and magnify Your name among the people. We ask this, O God, in the name of Jesus. Amen.

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

Recess

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

The motion prevailed, the time being 10:04a.m.

10:34a.m.

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

During the recess, Senators Barcia, Stamas, Gilbert, Bishop, McManus, Jelinek, Hardiman, Cropsey, Sikkema, VanWoerkom, Patterson, Garcia, Kuipers, George, Birkholz, Johnson, Allen, Cassis and Goschka entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

Senator Toy entered the Senate Chamber.

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 a respectful message be sent to the House of Representatives requesting the return of the following bill:

House Bill No.5704

The motion prevailed.

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

House Bill No.5853

House Bill No.6395

House Bill No.6449

House Bill No.6267

House Bill No.6108

House Bill No.4455

House Bill No.5389

House Bill No.5420

House Bill No.5603

House Bill No.5750

House Bill No.6300

House Bill No.6308

House Bill No.6309

House Bill No.6392

House Bill No.6478

House Bill No.6456

House Bill No.6245

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

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

House Bill Nos. 4680 4681 5078 5541 5890 6287 6666 6694

The Secretary announced that the following House bills were received in the Senate and filed on Friday, December 8:

House Bill Nos. 5943 6006 6302 6398 6527 6698 6699 6700 6701 6702 6703 6704 6705

The Secretary announced the enrollment printing and presentation to the Governor on Monday, December 11, for her approval the following bills:

Enrolled Senate Bill No.465 at 3:58p.m.

Enrolled Senate Bill No.468 at 4:00p.m.

Enrolled Senate Bill No.567 at 4:02p.m.

Enrolled Senate Bill No.568 at 4:04p.m.

Enrolled Senate Bill No.248 at 4:06p.m.

The Secretary announced that the following official bills were printed on Thursday, December 7, and are available at the legislative website:

Senate Bill No. 1519

House Bill No. 6706

Messages from the Governor

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

Senate Bill No.272

Senate Bill No.271

Senate Bill No.264

Senate Bill No.274

Senate Bill No.281

Senate Bill No.175

Senate Bill No.236

Senate Bill No.892

Senate Bill No.893

Senate Bill No.956

Senate Bill No.957

Senate Bill No.179

Senate Bill No.1026

Senate Bill No.1027

Senate Bill No.1028

Senate Bill No.372

Senate Bill No.973

Senate Bill No.974

Senate Bill No.975

Senate Bill No.976

Senate Bill No.242

Senate Bill No.297

Senate Bill No.1085

Senate Bill No.1086

Senate Bill No.1094

Senate Bill No.50

The motion prevailed.

The following message from the Governor was received:

Date: December 7, 2006

Time: 10:10a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.1004 (Public Act No.446), being

An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 27a (MCL 211.27a), as amended by 2006 PA 378.

(Filed with the Secretary of State on December 8, 2006, at 10:38a.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following messages from the Governor were received and read:

December 7, 2006

Pursuant to Section 7 of the Elevator Safety Board Act, 1967 PA 227, MCL 408.807, please be advised of the following reappointments to office:

Elevator Safety Board

Mr.Richard A. Egerer of 30060 Five Mile Road, Livonia, Michigan 48154, county of Wayne, reappointed to represent elevator contractor unions, for a term expiring July 22, 2010.

Mr.David L. Flint of 2510 Hogan Circle, Fenton, Michigan 48430, county of Genesee, reappointed to represent elevator owners and lessees, for a term expiring July 22, 2010.

December 8, 2006

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to state office under Section 3 of the Older Michiganians Act, 1981 PA 180, MCL 400.583:

Commission on Services to the Aging

Ms.Amne M. Talab, an Independent, of 6410 Oakman Boulevard, Dearborn, Michigan 48126, county of Wayne, succeeding Sonja Harb, whose term has expired, appointed for a term commencing December 8, 2006 and expiring July28, 2009.

December 8, 2006

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments to office under Section 2 of 1970 PA 29, MCL 290.422:

State Potato Industry Commission

Mr.Carl W. Kruger of 3121 East Crystal Waters Drive, #6, Holland, Michigan 49424, county of Ottawa, appointed to represent fresh shippers and retailers, for a term commencing December 8, 2006 and expiring July 1, 2007.

Mr.Michael F. Schena of 41215 Gloca Mora Street, Harrison Township, Michigan 48045, county of Macomb, appointed to represent process shippers and processors, for a term commencing December 8, 2006 and expiring July 1, 2007.

Mr.Timothy L. Young of 12950 Lake Montcalm, Coral, Michigan 49322, county of Montcalm, appointed to represent growers at-large, for a term commencing December 8, 2006 and expiring July 1, 2007.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

Senators Emerson and Brater entered the Senate Chamber.

Messages from the House

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 House of Representatives has nonconcurred in the Senate amendments and appointed Reps. Huizenga, Hildenbrand and Meisner as conferees.

The message was referred to the Secretary for record.

Senate Bill No.603, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 303a (MCL 339.303a), as amended by 1995 PA 183, and by adding article 28.

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

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 303a (MCL 339.303a), as amended by 1995 PA 183, and by adding article 29.

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

Senate Bill No.604, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," (MCL 338.2201 to 338.2277) by adding section 28.

The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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.670, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections33901, 33902, 33903, 33904, 33908, 33910, 33911, 33916, 33924, 33929, and 33935 (MCL 324.33901, 324.33902, 324.33903, 324.33904, 324.33908, 324.33910, 324.33911, 324.33916, 324.33924, 324.33929, and 324.33935), as added by 1995 PA 59; and to repeal acts and parts of acts.

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

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled "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," by amending sections 30113, 33901, 33902, 33903, 33904, 33908, 33910, 33911, 33916, 33924, 33929, and 33935 (MCL 324.30113, 324.33901, 324.33902, 324.33903, 324.33904, 324.33908, 324.33910, 324.33911, 324.33916, 324.33924, 324.33929, and 324.33935), section 30113 as amended by 2004 PA 325 and sections 33901, 33902, 33903, 33904, 33908, 33910, 33911, 33916, 33924, 33929, and 33935 as added by 1995 PA 59; and to repeal acts and parts of acts.

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

Senate Bill No.906, entitled

A bill to amend 1921 PA 2, entitled "An act to promote the efficiency of the government of the state, to create a state administrative board, to define the powers and duties thereof, to provide for the transfer to said board of powers and duties now vested by law in other boards, commissions, departments and officers of the state, and for the abolishing of certain of the boards, commissions, departments and offices, whose powers and duties are hereby transferred," (MCL 17.1 to 17.3) by adding section 2b.

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

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

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

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

Senate Bill No.1128, entitled

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

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

The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title.

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

Senator Hammerstrom moved that the rule be suspended.

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

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

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

Roll Call No.803 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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.1288, entitled

A bill to establish the Michigan works one-stop service center system to deliver workforce development programs and services tailored to local needs; to provide for Michigan works areas; to provide for local workforce development boards; to provide for education advisory groups; to provide for consolidated access to employment and retention programs in one-stop service centers; and to prescribe the powers and duties of the Michigan works one-stop service center system and of certain state and local governmental officers and agencies.

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

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

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

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

Senate Bill No.1335, entitled

A bill to provide for the administration of the Michigan merit award program; to provide for the powers and duties of certain state officers and entities; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-4) the bill.

The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to provide for the administration of the Michigan promise grant program; to provide for the powers and duties of certain state officers and entities; and to repeal acts and parts of acts.

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

Senate Bill No.1357, entitled

A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities; and to prescribe penalties and provide remedies," by amending section 1 (MCL 331.1).

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

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

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

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

Senate Bill No.387, entitled

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

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.804 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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 returned to the order of

Motions and Communications

The following communication was received and read:

Office of the Senate Majority Leader

December 12, 2006

Pursuant to Joint Rule 3(a), I have made the following conferee appointments to the Conference Committee on House Bill No.6606:

Senator Kuipers, Senator Allen and Senator Thomas

Respectfully yours,

Ken Sikkema

Senate Majority Leader

The communication was referred to the Secretary for record.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

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

House Bill No.6043

House Bill No.5999

House Bill No.6000

House Bill No.6271

House Bill No.6394

House Bill No.6416

House Bill No.6553

House Bill No.6636

House Bill No.5033

House Bill No.5278

House Bill No.6239

House Bill No.4357

House Bill No.5529

House Bill No.6116

House Bill No.6322

House Bill No.6325

House Bill No.4889

House Bill No.6137

House Bill No.6631

House Bill No.6632

House Bill No.6181

House Bill No.6275

House Bill No.6182

House Bill No.6364

House Bill No.6363

House Bill No.5657

House Bill No.5658

House Bill No.4806

House Bill No.6348

House Bill No.5221

House Bill No.6173

House Bill No.6174

House Bill No.5815

House Bill No.5816

The motion prevailed.

The following bill was read a third time:

House Bill No.6043, entitled

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

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.805 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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 establishment of commercial rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain qualified facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local governmental officials; and to provide penalties,".

The Senate agreed to the full title.

The following bill was read a third time:

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 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.806 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

Senator Hammerstrom moved that the bill be given immediate effect.

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.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 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.807 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--0

Not Voting--1

Emerson

In The Chair: Sanborn

Senator Hammerstrom moved that the bill be given immediate effect.

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

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.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 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.808 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--0

Not Voting--1

Emerson

In The Chair: Sanborn

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.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 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.809 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

Senator Hammerstrom moved that the bill be given immediate effect.

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.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 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.810 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

Senator Hammerstrom moved that the bill be given immediate effect.

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

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.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 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.811 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.6636, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11105a (MCL 324.11105a), as added by 1995 PA 124; 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.812 Yeas--36

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Toy

Cherry Hardiman Prusi Van Woerkom

Clark-Coleman Jacobs Sanborn Whitmer

Nays--2

Brater Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

Senator Hammerstrom moved that the bill be given immediate effect.

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

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.

Protest

Senator Brater, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No.6636.

Senator Brater's statement is as follows:

While I understand this bill continues an existing exemption for the automotive industry, I cannot support continuing exemptions that weaken the Clean Air Act. People living in poor quality air areas suffer from higher rates of asthma and other diseases. Many times these are in poor and minority communities. Rather than weakening our environmental legislation by enacting or continuing with exemptions, we should be moving manufacturers towards compliance or towards processes that do not create a problem in the first place.

I know that the Big Three are working collaboratively to improve their processes of applying automotive paint. I have seen demonstrations of these processes. They are very encouraging and I'm glad the Big Three are working on them. I think that officially passing this exemption at the state level sends the wrong message. Automakers should continue to expeditiously develop ways to develop industrial methods that reduce air and water pollution.

I'm also not confident in resting on the exemptions and the interpretations of the Clean Air Act the EPA is developing. We've seen numerous examples in recent weeks of the U.S. EPA taking steps to weaken the Clean Air Act, including weakening the role of bona fide scientists interpreting the effects of air and water pollution on human health and the environment. So I think it's a very disturbing trend in Washington, and I don't think we should be relying on the U.S. EPA to clean our air and our water here in Michigan.

Senator Hammerstrom moved that rule 3.901 be suspended to allow the Michigan Broadcasting Association to take video from the Gallery.

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

The following bill was read a third time:

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.

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.813 Yeas--25

Allen Garcia Jelinek Sanborn

Barcia George Kuipers Sikkema

Basham Gilbert Leland Stamas

Birkholz Goschka McManus Switalski

Bishop Hammerstrom Olshove Toy

Brown Hardiman Prusi Van Woerkom

Cropsey

Nays--12

Brater Clarke Johnson Scott

Cherry Emerson Patterson Thomas

Clark-Coleman Jacobs Schauer Whitmer

Excused--0

Not Voting--1

Cassis

In The Chair: Sanborn

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

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

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

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

The Senate agreed to the full title.

Protest

Senator Brater, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No.5033 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 rise in opposition to House Bill No.5033 because I oppose this Legislature giving tax breaks and subsidies to operations that harm our environment. It is not economically viable for small farms to build methane digesters, which can cost around $400,000 for one to handle the waste from 350 heads of cattle. The only facilities that can benefit from methane digesters are CAFOs, these large confined animal feed operations. There's overwhelming and ongoing evidence of the damage these huge farms are doing to our environment.

Colleagues, this is a public safety, public health issue which could very well affect you, your family, and your constituents' health. We have heard numerous reports of E. coli affecting the food stream. There's good reason to think that the E. coli that are contaminating spinach, scallions, and other green vegetables are actually runoff from these huge CAFOs, or confined animal feed operations, which release rivers of manure, liquid manure, which go into the surrounding groundwater and surface water. They also give off fumes.

This is an urgent health and safety matter. That is why I am so anxious for you to hear these words. I don't think that you may have heard that I was saying that E. coli is running off these CAFOs that is affecting the safety of our food supply. They are letting off terrible fumes that are affecting the ability of small farmers to live side by side with these operations. These huge farms are in part responsible for putting small and mid-size farms out of business. The Department of Environmental Quality, given the limited resources that it has now, does not have the ability to monitor these operations. In fact, this iteration of the bill not only gives a subsidy to these operations, but creates the responsibility for the department to monitor them without any accompanying fee to pay for the cost of the monitoring that other polluters in the state of Michigan must pay under the NPDES program.

Excess nutrients, runoff from waste lagoons, or land-applied waste residuals still pollute our waterways. We should be doing much more to regulate these operations and not be giving them subsidies at this time.

The following bill was read a third time:

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.

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.814 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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.

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

"An act relating to dogs and the protection of live stock and poultry from damage by dogs; providing for the licensing of dogs; regulating the keeping of dogs, and authorizing their destruction in certain cases; providing for the determination and payment of damages done by dogs to live stock and poultry; imposing powers and duties on certain state, county, city and township officers and employes, and to repeal Act No.347 of the Public Acts of 1917, and providing penalties for the violation of this act,".

The Senate agreed to the full title.

The following bill was read a third time:

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.

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.815 Yeas--36

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--1

Emerson

Excused--0

Not Voting--1

Switalski

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.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).

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.816 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--0

Not Voting--1

Emerson

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.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.

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.817 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--0

Not Voting--1

Emerson

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.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.

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.818 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--0

Excused--0

Not Voting--1

Emerson

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.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.

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.819 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson 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--1

Emerson

Excused--0

Not Voting--1

Kuipers

In The Chair: Sanborn

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

The motion prevailed.

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.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.

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.820 Yeas--36

Allen Clark-Coleman Jacobs Schauer

Barcia Clarke Jelinek Scott

Basham Cropsey Johnson 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--1

Emerson

Excused--1

Kuipers

Not Voting--0

In The Chair: Sanborn

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

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

The Senate agreed to the title of the bill.

The following bill was read a third time:

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.

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.821 Yeas--22

Allen Garcia Jelinek Sanborn

Birkholz George Johnson Sikkema

Bishop Gilbert McManus Stamas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cropsey Hardiman

Nays--15

Barcia Clark-Coleman Leland Switalski

Basham Clarke Prusi Thomas

Brater Emerson Schauer Whitmer

Cherry Jacobs Scott

Excused--1

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 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,".

The Senate agreed to the full title.

Senator Kuipers entered the Senate Chamber.

The following bill was read a third time:

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.

The question being on the passage of the bill,

Senator Gilbert offered the following substitute:

Substitute (S-1).

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

The question being on the passage of the bill,

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

Roll Call No.822 Yeas--29

Allen Cropsey Jacobs Sanborn

Barcia Garcia Jelinek Schauer

Basham George Kuipers Sikkema

Birkholz Gilbert McManus Stamas

Bishop Goschka Olshove Toy

Brown Hammerstrom Patterson Van Woerkom

Cassis Hardiman Prusi Whitmer

Clarke

Nays--9

Brater Emerson Leland Switalski

Cherry Johnson Scott Thomas

Clark-Coleman

Excused--0

Not Voting--0

In The Chair: Sanborn

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

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

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

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 217d, 801, 811d, 811e, 811f, 811g, 811h, 811i, 811j, 811l, and 811n (MCL 257.217d, 257.801, 257.811d, 257.811e, 257.811f, 257.811g, 257.811h, 257.811i, 257.811j, 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 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.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

Protests

Senators Switalski and Clark-Coleman, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No.6137

Senator Switalski moved that the statement he made during the discussion of the bill be printed as his reasons for voting "no."

The motion prevailed.

Senator Switalski's statement, in which Senator Clark-Coleman concurred, is as follows:

I just want to say that I'm philosophically opposed to more plates. It's not that I have anything against this or any other fine charity, but plates are to identify vehicles; they're not for raising money. The State Police and the law enforcement are against the proliferation of plates.

The following bill was read a third time:

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.

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.823 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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.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.

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.824 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.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.

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.825 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.6275, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 40.

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.826 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

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

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.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.

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.827 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.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).

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.828 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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.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.

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.829 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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 planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; 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.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.

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.830 Yeas--36

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Cherry Hardiman Prusi Whitmer

Nays--1

Emerson

Excused--0

Not Voting--1

Switalski

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.

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.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.

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.831 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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.

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.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.

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.832 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

Not Voting--0

In The Chair: Sanborn

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.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.

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.833 Yeas--35

Allen Clark-Coleman Jacobs Scott

Barcia Clarke Jelinek Sikkema

Basham Cropsey Johnson 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--1

Emerson

Excused--0

Not Voting--2

Kuipers Leland

In The Chair: Sanborn

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.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.

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.834 Yeas--35

Allen Clarke Jelinek Scott

Barcia Cropsey Johnson Sikkema

Basham Garcia Kuipers Stamas

Birkholz George Leland Switalski

Bishop Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman Sanborn Whitmer

Clark-Coleman Jacobs Schauer

Nays--3

Brater Emerson Patterson

Excused--0

Not Voting--0

In The Chair: Sanborn

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

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

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

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.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.

The question being on the passage of the bill,

Senator Kuipers offered the following amendments:

1. Amend page 14, following line 9, by striking out all of subparagraph (iii).

2. Amend page 25, following line 27, by striking out all of subparagraph (iii).

3. Amend page 27, following line 17, by striking out all of subparagraph (iii).

4. Amend page 33, following line 25, by striking out all of subparagraph (iii).

5. Amend page 35, following line 1, by striking out all of subparagraph (iii).

6. Amend page 45, following line 4, by striking out all of subparagraph (iii).

The question being on the adoption of the amendments,

Senator Hammerstrom moved that further consideration of the bill be postponed temporarily.

The motion prevailed.

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

House Bill No.6174

The motion prevailed.

The following bill was read a third time:

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.

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.835 Yeas--37

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Cherry Jacobs Sanborn Whitmer

Clark-Coleman

Nays--1

Emerson

Excused--0

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.

The following bill was read a third time:

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 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.836 Yeas--36

Allen Clarke Jelinek Schauer

Barcia Cropsey Johnson Scott

Basham Garcia Kuipers Sikkema

Birkholz George Leland Stamas

Bishop Gilbert McManus Switalski

Brater Goschka Olshove Thomas

Brown Hammerstrom Patterson Toy

Cassis Hardiman Prusi Van Woerkom

Clark-Coleman Jacobs Sanborn Whitmer

Nays--1

Emerson

Excused--0

Not Voting--1

Cherry

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 incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts,".

The Senate agreed to the full title.

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 Jacobs as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

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).

House Bill No.5853, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 525 (MCL 436.1525), as amended by 2005 PA 166.

House Bill No.6395, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 701 (MCL 436.1701), as amended by 2002 PA 725.

House Bill No.6449, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 501 (MCL 436.1501), as amended by 2000 PA 431.

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:

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.

Substitute (S-1).

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

1. Amend page 1, line 1, after "SEC. 20120E." by inserting "(1)".

2. Amend page 1, following line 7, by inserting:

"(2) THIS SECTION IS REPEALED EFFECTIVE 1 YEAR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION.".

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:

House Bill No.4420, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 8 and 17 (MCL 722.628 and 722.637), as amended by 2006 PA 256.

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 amendment, the following bill:

House Bill No.5901, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 1 (MCL 125.1651), as amended by 2005 PA 115.

The following is the amendment recommended by the Committee of the Whole:

1. Amend page 9, line 20, after "COMMISSION" by inserting "AND THAT PLAN PROVIDES FOR THE PAYMENT OF INTEREST ON THOSE TAXES AT A RATE DESCRIBED IN SECTION 23(2) OF 1941 PA 122, MCL 205.23".

The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended 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.6267, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending the title and sections 3 and 37 (MCL 338.2203 and 338.2237), section 3 as amended by 1993 PA 139 and section 37 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.

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

House Bill No.6456, entitled

A bill to provide for uniform video service local franchises; to promote competition in providing video services in this state; to ensure local control of rights-of-way; to provide for fees payable to local units of government; to provide for local programming; to prescribe the powers and duties of certain state and local agencies and officials; and to provide for penalties.

Substitute (S-3).

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

1. Amend page 2, line 6, by striking out "agreement".

2. Amend page 3, line 11, after "by" by striking out the balance of the line through "user," on line 15.

3. Amend page 16, line 1, after "facilities" by inserting "and services".

4. Amend page 16, line 17, by striking out all of subsection (10) and inserting:

"(10) The fee due under subsection (8) shall be due on a quarterly basis and paid within 45 days after the close of the quarter. Each payment shall include a statement explaining the basis for the calculation of the fee.".

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.

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 Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar:

House Bill No.6456

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

The following bill was read a third time:

House Bill No.6456, entitled

The question being on the passage of the bill,

Senators Cassis, George and Birkholz offered the following amendment:

1. Amend page 11, line 20, after "agreement." by inserting "An incumbent video provider shall not terminate its existing franchise agreement unless 1 or more video service providers within the incumbent video provider's franchise area operating under a uniform video service local franchise agreement are providing video service subscriptions to at least 5% of residential households within the incumbent video provider's franchise area.".

The amendment was not adopted, a majority of the members serving not voting therefor.

The Assistant President pro tempore, Senator Sanborn, assumed the Chair.

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.837 Yeas--26

Allen Cropsey Johnson Sikkema

Barcia Emerson Kuipers Stamas

Birkholz Garcia Leland Switalski

Bishop Gilbert McManus Thomas

Brown Goschka Sanborn Toy

Cassis Hammerstrom Schauer Whitmer

Cherry Hardiman

Nays--12

Basham Clarke Jelinek Prusi

Brater George Olshove Scott

Clark-Coleman Jacobs Patterson Van Woerkom

Excused--0

Not Voting--0

In The Chair: Sanborn

Senator Hammerstrom moved that the bill be given immediate effect.

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

The Senate agreed to the title of the bill.

Protest

Senator Basham, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No.6456 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 Basham's statement is as follows:

Let me just tell you why I will not be supporting this piece of legislation. First of all, I regularly attend a couple of groups in Wayne County, outside the city of Detroit, called the Conference of Western Wayne and the Downriver Community Conference. Those two groups alone represent every city and township outside the city of Detroit in Wayne County. You're talking about 1.25 million people who consistently--those groups oppose this legislation.

They thought their representatives through the Michigan Municipal League thought the legislation could be made better with some amendments. I watched those amendments. Some of them were withdrawn and some of those amendments were voted "no" on, so they didn't pass. I watched my colleagues talk about competition, and I listened as the city of Dearborn was talking about competition allowing AT&T to compete in the same environment in the city of Dearborn where they currently have Comcast. They wouldn't agree to the same terms.

I watched and listened to all of the arguments for several months. I even received bologna in my office from one company talking about the other company being full of bologna. I've even received flip-flops in my office. One company said the other company was a flip-flopper.

One thing that this legislation has done thus far is it has created jobs. Every multi-client lobbyist in the state of Michigan is working on one side or the other on this piece of legislation. So, certainly, jobs have been created thus far. If we don't pass the bill and we deal with it next term, I would expect it would create more jobs. These are good-paying jobs. These are not like the jobs that I've seen that are subcontractors of either Comcast or AT&T that have to pay their own health care and buy their own equipment.

Again, there are many, many reasons to either support or oppose this legislation, but essentially, if I could sum it up, you dance with the ones who brung ya, and certainly, my locals are opposed to this legislation.

Senators McManus, Jacobs, Switalski and Birkholz asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator McManus' statement is as follows:

Some of you know that my husband works for AT&T, and as we have deliberated today on the video franchise legislation, I just wanted to be fully conscious of Senate Rule 1.306 and disclose my family connection to this issue. My husband is an engineer with the company, not a policymaker. I want to assure all of you that I look at every single issue individually and cast my vote accordingly.

Senator Jacobs' statement is as follows:

This is the same amendment that my colleague from Saugatuck offered on General Orders. I want to reaffirm what she indicated in her comments. You know, many of us support net neutrality, but we also want to see the state taking incremental steps toward increasing competition. While I know that there is strong bipartisan support for net neutrality, there is also a large measure of support for finishing this video franchising reform.

I feel that at this point I'm going to ask that my amendment be withdrawn because I feel that we need to take up the net neutrality legislation separately--the concept of it. We really need to ensure that this very important safeguard is addressed in a very thoughtful and deliberative manner.

Supporters of net neutrality right now are a very diverse coalition of companies and public interest groups that are spanning the entire political spectrum. They're committed and I am committed to protecting consumers and competition in Michigan.

So I would ask my colleagues to expect that we can work on this in the next session. Again, I ask that this amendment be withdrawn.

Senator Switalski's statement is as follows:

I rise in support of House Bill No.6456. Passage of the bill in front of us today will result in substantial investment during a time of economic stagnation. It will result in a modernization of our infrastructure during a time of rapid technological change. It will result in the employment of thousands of people during tough economic times and high unemployment. It will reduce regulations and create a market environment with competition and the promise of lower rates and better service for our constituents.

But this comes at a price. By imposing a statewide contract, we are taking away the right for our local governments to negotiate what are often lucrative agreements. So that is a choice. I respect those who are philosophically committed to local regulation and control of this matter, but at this critical time, I think the state needs to clear the way for investment, employment, modernization, and competition.

I don't wish to harm the locals at a time when their revenues are severely constrained. This Senate has taken a House bill that passed that chamber 80-21 and has doubled the PEG fees that support local governments. This isn't a perfect bill, but it's a better bill than what passed the House. It is a significant incentive to economic expansion in Michigan.

Senator Birkholz's statement is as follows:

As we have had some very deliberative debates today on this huge issue before us, I want to again remind the members about the net neutrality issue and how important it is to consumers across the state, especially those in the more rural and suburban areas. Yes, this needs to be addressed by the federal government. Yes, the federal government is working on it, but as we know, the federal government lately has been very slow to react to states' needs. We as states have found ourselves leading the federal government, not being behind them in the parade.

Unfortunately, we do not have the net neutrality amendment on this bill, but it is still very important for us to look at in the future. It's become known as the Google amendment and they feel very strongly that Michigan needs to ensure Michigan's consumers access to all forms of video services, not just those that are offered by cable and phone companies. But they have also indicated their support of increased competition for Michigan consumers and decided they have no desire to derail the whole process.

So, in deference to them and to my constituents who have e-mailed me, snail-mailed me, and phoned me about this very issue because they feel so strongly, I have decided that I would not put the amendment on, as you know. We've also been in contact with the Governor's office. It's my understanding that the Governor's office has suggested to Google and the other supporters of net neutrality that they will take up the bill again next year in stand-alone legislation. Therefore, I did not put the amendment on, but I want members to be aware of the fact that this is a huge issue facing us and we need to continue to work on it in the future.

Thank you for your support.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Van Woerkom introduced

Senate Bill No.1520, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 19 (MCL 431.319).

The bill was read a first and second time by title and referred to the Committee on Agriculture, Forestry and Tourism.

Senators Prusi and Sikkema introduced

Senate Bill No.1521, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3109 and 3112 (MCL 324.3109 and 324.3112), section 3109 as amended by 2005 PA 241 and section 3112 as amended by 2005 PA 33.

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.4680, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 492b.

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.4681, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2006 PA 234.

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.5078, entitled

A bill to amend 1911 PA 149, entitled "An act to provide for the acquisition by purchase, condemnation and otherwise by state agencies and public corporations of private property for the use or benefit of the public, and to define the terms "public corporations," "state agencies" and "private property" as used herein," by amending section 3 (MCL 213.23), as amended by 2006 PA 368.

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.5541, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 2004 PA 576.

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.5890, entitled

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

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.5943, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57k (MCL 400.57k), as amended by 2004 PA 445.

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 Families and Human Services.

House Bill No.6006, entitled

A bill to create a task force to study adequate health care; and to provide for a report.

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.6287, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1254a.

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.

Senator Hammerstrom moved that rule 2.106 be suspended to allow committees to meet during Senate session.

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

House Bill No.6302, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 2, 6, 7, 7a, 7b, and 8 (MCL 390.1452, 390.1456, 390.1457, 390.1457a, 390.1457b, and 390.1458), sections 2, 6, and 8 as amended and sections 7a and 7b as added by 2004 PA 595 and section 7 as amended by 2006 PA 241; 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 and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No.6398, entitled

A bill to repeal 1939 PA 113, entitled "An act relative to domestic or foreign grown tomatoes; and to prescribe penalties for the violation of the provisions of this act," (MCL 752.751 to 752.752).

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.6527, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 2 (MCL 432.202), as amended by 1997 PA 69.

The House of Representatives has passed the bill by a 3/4 vote 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 Government Operations.

House Bill No.6666, entitled

A bill to authorize the state administrative board to convey certain state owned property in Kalamazoo county; to prescribe conditions for the conveyance; and to provide for disposition of revenue derived from the conveyance.

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 Appropriations.

House Bill No.6694, 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 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 and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No.6698, entitled

A bill to create a child support formula commission; and to provide for its powers and duties.

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 Families and Human Services.

House Bill No.6699, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 5, 17, 17e, and 19 (MCL 552.505, 552.517, 552.517e, and 552.519), section 5 as amended by 2002 PA 571, sections 17 and 19 as amended by 2004 PA 207, and section 17e as added by 1998 PA 63.

The House of Representatives has passed the bill.

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

House Bill No.6700, entitled

A bill to amend 1966 PA 138, entitled "The family support act," by amending section 4 (MCL 552.454), as amended by 1999 PA 158.

The House of Representatives has passed the bill.

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

House Bill No.6701, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending section 5 (MCL 552.605), as added by 2001 PA 106.

The House of Representatives has passed the bill.

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

House Bill No.6702, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5078 (MCL 600.5078), as added by 2000 PA 420.

The House of Representatives has passed the bill.

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

House Bill No.6703, entitled

A bill to amend 1968 PA 293, entitled "An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors," by amending section 3 (MCL 722.3), as amended by 2001 PA 110.

The House of Representatives has passed the bill.

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

House Bill No.6704, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending section 4 (MCL 722.714), as amended by 1998 PA 113.

The House of Representatives has passed the bill.

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

House Bill No.6705, entitled

A bill to amend 1952 PA 8, entitled "Revised uniform reciprocal enforcement of support act," by amending sections 13and 14 (MCL 780.163 and 780.164), section 13 as amended by 1990 PA 241 and section 14 as amended by 1999 PA 155.

The House of Representatives has passed the bill.

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

Statements

Senator Basham stated that had he been present on December 7 when the votes were taken on the passage of the following bills, he would have voted "yea":

Senate Bill No.1081

Senate Bill No.1303

Senate Bill No.1304

Senate Bill No.1327

House Bill No.5580

House Bill No.5704

House Bill No.6303

Senator Basham stated that had he been present on December 7 when the votes were taken on the passage of the following bills, he would have voted "nay":

Senate Bill No.350

House Bill No.6606

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 have three hits from my website today. This one is from Detroit who just simply says, "Tired of redlining."

The other one from Detroit who says, "I'm tired of higher insurance rates."

So do you think we can do something about that? Well, I guess it's next year now since we are in our final days, but anyway, let's think about it over the holidays and come back and do something for these people who are paying the highest rates in the country.

Senator Switalski stated that had he been present earlier today when the votes were taken on the passage of the following bills, he would have voted "yea":

House Bill No.5657

House Bill No.6239

Committee Reports

The Committee on Commerce and Labor reported

House Bill No.4636, entitled

A bill to amend 1976 PA 449, entitled "An act to regulate the pricing of consumer items and the advertising of consumer items, services, goods, merchandise, commodities, and real property; to prescribe the powers and duties of certain state and local officials in relation thereto; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 1 and 3 (MCL 445.351 and 445.353) and by adding sections 3a and 3b.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Toy and McManus

Nays: Senator Olshove

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Thursday, December 7, 2006, at 8:30a.m., Room 100, Farnum Building

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

Excused: Senator Schauer

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.5853, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 525 (MCL 436.1525), as amended by 2005 PA 166.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Gilbert and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.6395, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 701 (MCL 436.1701), as amended by 2002 PA 725.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Gilbert and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.6449, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 501 (MCL 436.1501), as amended by 2000 PA 431.

With the recommendation that the bill pass.

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Gilbert and Basham

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.6267, entitled

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

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

Alan Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Gilbert and Basham

Nays: None

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

The Committee on Economic Development, Small Business and Regulatory Reform reported

House Bill No.6108, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 8 (MCL 125.2788).

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 Sanborn

Chairperson

To Report Out:

Yeas: Senators Sanborn, Gilbert and Basham

Nays: None

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

The Committee on Health Policy reported

House Bill No.6323, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 12601, 12604a, 12607, 12611, 12613, 17702, 17703, 17708, 17709, 17745, 17751, and 17763 (MCL 333.7405, 333.12601, 333.12604a, 333.12607, 333.12611, 333.12613, 333.17702, 333.17703, 333.17708, 333.17709, 333.17745, 333.17751, and 333.17763), section7405 as amended by 2004 PA 536, sections 12601 and 12613 as amended and section 12604a as added by 1988 PA 315, section 12607 as amended by 1988 PA 296, section 12611 as amended by 1993 PA 217, section 17702 as amended by 1986 PA 304, section 17703 as amended by 1992 PA 281, sections 17708, 17751, and 17763 as amended by 2005 PA 85, and section 17745 as amended by 1997 PA 186, and by adding section 17754.

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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

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

The Committee on Health Policy reported

House Bill No.4455, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2227.

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

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

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

The Committee on Health Policy reported

House Bill No.5389, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding sections 109i and 109j.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, Patterson, Whitmer and Jacobs

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.5420, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2827 (MCL 333.2827).

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.5603, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5141.

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

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

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

The Committee on Health Policy reported

House Bill No.5750, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16106 and 17211 (MCL 333.16106 and 333.17211), section 16106 as amended by 2002 PA 643.

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

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

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

The Committee on Health Policy reported

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.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.6308, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 3, 4, and 5 (MCL 52.203, 52.204, and 52.205), section 5 as amended by 1980 PA 401.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.6309, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2844a (MCL 333.2844a), as amended by 1990 PA 149.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.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.

With the recommendation that the bill pass.

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

Beverly S. Hammerstrom

Chairperson

To Report Out:

Yeas: Senators Hammerstrom, George and Jacobs

Nays: Senator Patterson

The bill was referred to the Committee of the Whole.

The Committee on Health Policy reported

House Bill No.6478, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 112b, 112c, and 112e (MCL 400.112b, 400.112c, and 400.112e), as added by 1995 PA 85; 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.

Beverly S. Hammerstrom

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Health Policy submitted the following:

Meeting held on Wednesday, December 6, 2006, at 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower

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

The Committee on Government Operations reported

House Bill No.6456, entitled

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Kenneth R. Sikkema

Chairperson

To Report Out:

Yeas: Senators Sikkema, Hammerstrom, Allen, Cassis, Emerson and Thomas

Nays: Senator Jacobs

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

COMMITTEE ATTENDANCE REPORT

The Committee on Government Operations submitted the following:

Meeting held on Wednesday, December 6, 2006, at 2:40p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Sikkema (C), Hammerstrom, Allen, Cassis, Emerson, Jacobs and Thomas

The Committee on Agriculture, Forestry and Tourism reported

House Bill No.4257, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the part heading of part 361 and by adding part 363.

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

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

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert and Whitmer

Nays: None

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

The Committee on Agriculture, Forestry and Tourism reported

House Bill No.6245, entitled

A bill to amend 2000 PA 190, entitled "Privately owned cervidae producers marketing act," by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, 16, 17, and 18 (MCL 287.952, 287.953, 287.954, 287.955, 287.956, 287.957, 287.958, 287.959, 287.960, 287.961, 287.964, 287.966, 287.967, and 287.968); 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.

Gerald Van Woerkom

Chairperson

To Report Out:

Yeas: Senators Van Woerkom, Gilbert and Whitmer

Nays: None

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, December 7, 2006, at 8:00a.m., Room 210, Farnum Building

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

Excused: Senator Jelinek

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees submitted the following:

Meeting held on Wednesday, December 6, 2006, at 3:00p.m., Room H-252, Capitol Building

Present: Senator Leland

Excused: Senator Hammerstrom

COMMITTEE ATTENDANCE REPORT

The Conference Committee on County Boards and Commissions Membership (HB 4315) submitted the following:

Meeting held on Wednesday, December 7, 2006, at 9:45a.m., Room 424, Capitol Building

Present: Senators Gilbert and Kuipers

Absent: Senator Basham

Scheduled Meetings

Appropriations - Wednesday, December 13 and Thursday, December 14, 10:30a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Subcommittee -

Capital Outlay - Thursday, December 14, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Commerce and Labor - Wednesday, December 13, 1:00p.m. or later immediately following session, Room 210, Farnum Building and Thursday, December 14, 8:30a.m., Room 100, Farnum Building (373-2413)

Conference Committee -

Timber Harvests Restrictions (HB 5453) - Wednesday, December 13, 8:45a.m., Room 308, South Tower, House Office Building (373-1635)

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 Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 2:11p.m.

The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Wednesday, December 13, 2006, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate