No. 18

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Thursday, March 1, 2007.

10:00a.m.

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

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

Allen--present Garcia--present Pappageorge--present

Anderson--present George--present Patterson--present

Barcia--present Gilbert--present Prusi--present

Basham--present Gleason--present Richardville--present

Birkholz--present Hardiman--present Sanborn--excused

Bishop--present Hunter--present Schauer--present

Brater--present Jacobs--present Scott--present

Brown--present Jansen--present Stamas--present

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

Cherry--present Kahn--present Thomas--present

Clark-Coleman--present Kuipers--present Van Woerkom--present

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

Cropsey--present Olshove--present

Senator Bill Hardiman of the 29th District offered the following invocation:

Father God, we are so thankful to You for Your blessings and Your love. Thank You for Your grace and Your peace. Father, this body, we face very challenging times, Lord God, and this state does as well. So, Father, we come to You. Your word says if anyone lacks wisdom, let them ask of God, who gives liberally without blaming. So, Father, we come before You and we ask for wisdom, Lord God.

Father, we ask for wisdom for our Governor, for the executive branch, Lieutenant Governor, for this body, this Senate, Lord God, the House, and for all who work for the blessings and the benefits of this great state. Father, we ask for wisdom for the entrepreneurs and the workers across this great state, for the individuals and the families. Bless us, O God, and move us toward Your prosperities as we follow hard after Your will and Your way.

Now, Father, bless our time this morning, bless the work of our hands, bless the interaction, and our conversations. We give You all the praise and the glory and the honor.

Father, we come from different backgrounds and different walks of life, even different faiths, but I ask these great blessings in the precious name of Jesus Christ. Amen.

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

Motions and Communications

Senator Thomas moved that Senator Barcia be temporarily excused from today's session.

The motion prevailed.

Senator Barcia entered the Senate Chamber.

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

The motion prevailed.

Senator Hardiman's statement is as follows:

I have an announcement that I approach with mixed feelings. I have a staff person in my office who served very faithfully and who will be leaving our staff and moving on and moving forward. I have mixed feelings because she has been such an awesome blessing to us and to the people of this great state of Michigan.

Clare Khouri is a graduate of the University of Michigan. She has worked in the Senate for close to four years, but in my office for over four years. She had a wonderful start in Senator McManus' office and came to me with great training, but incredible energy. She is the director of constituent relations and she also was a committee clerk for me.

I just want to mention a couple of things about Clare. She has great organizational skills. She stepped into that position and helped to organize it beautifully. She has a wonderful way of dealing with constituents and making them feel at home while dealing with their many concerns and issues. She has a beautiful spirit inside and that has been wonderful for our office.

I almost feel like one of my kids is leaving the home. She is going to go back to Ann Arbor and has a new position there, but she will certainly be missed by myself and all in the office. We have this seal signed by the Senators from this great body that we will present to her. She will leave with our good wishes and our love. I just would like this body to help me send her off in a wonderful way.

We appreciate her and love her--Clare Khouri.

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

The motion prevailed.

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

The motion prevailed.

The Secretary announced that the following official bills were printed on Wednesday, February 28, and are available at the legislative website:

Senate Bill Nos. 274 275 276 277 278 279 280 281 282 283

House Bill Nos. 4316 4317 4318 4319 4320 4321 4322 4323 4324 4325 4326 4327 4328 4329 4330 4331 4332 4333

Messages from the Governor

The following messages from the Governor were received and read:

February 28, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 20 of the Michigan Boxing Regulatory Act, 2004 PA 403, MCL 338.3620:

Michigan Boxing Commission

Mr.Joe W. Byrd of 1368 Autumn Drive, Flint, Michigan 48532, county of Genesee, succeeding Rene Muniz, whose term has expired, representing professionals, for a term commencing February 28, 2007 and expiring February 19, 2011.

February 28, 2007

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 Sections 16121 and 18221 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.18221:

Michigan Board of Psychology

Ms.Roberta D. Toll, Ph.D., of 640 Lone Pine Hill Road, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding Karen Colby Weiner, whose term has expired, representing psychologists, for a term commencing February 28, 2007 and expiring December 31, 2011.

Mr.Alan O. Warbelow of 12894 Glenview Drive, Plymouth, Michigan 48170, county of Wayne, succeeding Edward G.Klobucher, whose term has expired, representing psychologists, for a term commencing February 28, 2007 and expiring December 31, 2011.

February 28, 2007

I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following reappointment to office under Section 2 of 1968 PA 191, MCL 123.1002:

State Boundary Commission

Mr.Kenneth VerBurg of 3529 Sandhill Road, Lansing, Michigan 48911, county of Ingham, reappointed to represent the general public as a state member, for a term commencing February 28, 2007 and expiring November 15, 2008.

February 28, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 5 of the Michigan Strategic Fund Act, 1984 PA 270, MCL 125.2005:

Michigan Strategic Fund Board of Directors

Mr.Paul E. Hodges III of 5339 Trillium Court, Orchard Lake, Michigan 48323, county of Oakland, succeeding Brian R. Ellis, who has resigned, appointed as a nominee of the Senate Majority Leader representing persons within the private sector with experience in private equity or venture capital investments, commercial lending, or commercialization of technology, for a term commencing February 28, 2007 and expiring December 31, 2008.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations and Reform.

Messages from the House

Senator Garcia entered the Senate Chamber.

Senate Bill No.191, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 725 and 729 (MCL 339.725 and 339.729), as amended by 2005 PA 278.

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.

Third Reading of Bills

The following bill was read a third time:

Senate Bill No.115, entitled

A bill to amend 2003 PA 226, entitled "Joint municipal planning act," by amending the title and sections 5 and 7 (MCL 125.135 and 125.137).

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.14 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Sanborn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No.206, entitled

A bill to codify the laws regarding and to provide for county, township, city, and village planning; to provide for the creation, organization, powers, and duties of local planning commissions; to provide for the powers and duties of certain state and local governmental officers and agencies; to provide for the regulation and subdivision of land; 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.15 Yeas--37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays--0

Excused--1

Sanborn

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate proceeded to the order of

Resolutions

Senators Jelinek, Hardiman, Pappageorge, Allen, Birkholz, Van Woerkom, Anderson, Gleason, Richardville and Jansen offered the following resolution:

Senate Resolution No.18.

A resolution to urge the United States Environmental Protection Agency to authorize the Office of Pesticide Programs to initiate rulemaking to ensure the sustainability of programs for recycling one-way plastic pesticide containers.

Whereas, Pesticide container recycling has a number of benefits, both environmental and economical. As more containers are collected for recycling, fewer are sent to landfills for disposal. In addition to saving landfill space, recycling also saves pesticide applicators money otherwise spent on landfill tipping fees. Any material that is recycled slows the depletion of nonrenewable resources; and

Whereas, More than 20 million pounds of one-way plastic pesticide containers have been collected and recycled through a unique and productive partnership of state pesticide agencies, extension offices, trade associations, and pesticide registrants. Collected plastic is consolidated and made into products such as field drain pipe and marine pilings. Each recycled product is evaluated for potential risk by using a risk assessment model developed by the Ag Container Recycling Council (ACRC). For the past 13 years, the pesticide container recycling program has been managed and promoted by the ACRC, a nonprofit organization established for this purpose. The ACRC is funded by more than 30companies that formulate, produce, package, and distribute crop protection and other pesticide products; and

Whereas, Not all companies involved in the production of crop protection and other pesticide products participate in ACRC. However, ACRC collects and recycles all plastic containers, even though the containers may belong to nonmember companies; and

Whereas, The American Association of Pest Control Officials, CropLife America, and the Responsible Industry for a Sound Environment are working with the United States Environmental Protection Agency to expand participation in ACRC. These organizations propose that manufacturers either participate in the funding of ACRC or show that they provide end users of one-way plastic pesticide containers with an opportunity to recycle. These organizations further propose that recycling by the end user remain voluntary and that triple-rinsed pesticide containers continue to be treatedas non-hazardous material which can be discarded in a landfill. In addition, CropLife America and Responsible Industry for a Sound Environment encourage rulemaking by the EPA's Office of Pesticide Programs to establish a standard for recycling pesticide containers, thereby facilitating the widespread collection and recycling of these containers; now, therefore, be it

Resolved by the Senate, That we urge the United States Environmental Protection Agency to authorize the Office of Pesticide Programs to initiate rulemaking to ensure the sustainability of programs for recycling one-way plastic pesticide containers; and be it further

Resolved, That copies of this resolution be transmitted to the head of the United States Environmental Protection Agency and the members of the Michigan congressional delegation.

Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations and Reform,

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Cropsey moved that the resolution be referred to the Committee on Natural Resources and Environmental Affairs.

The motion prevailed.

Senators Cassis and Schauer were named co-sponsors of the resolution.

Introduction and Referral of Bills

Senator Jelinek introduced

Senate Bill No.296, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 81129 (MCL 324.81129), as amended by 2003 PA 111.

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

Senators Prusi and Richardville introduced

Senate Bill No.297, 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.

Senators Jansen, Gilbert, Birkholz, Van Woerkom, Brown, Hardiman, Jelinek, Pappageorge, Stamas and Garcia introduced

Senate Bill No.298, entitled

A bill to amend 1836 PA 25, entitled "An act concerning the records of deeds and other conveyances of land," by amending section 1 (MCL 565.581).

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

Senators Van Woerkom, Jansen, Birkholz, Gilbert, Brown, Hardiman, Jelinek, Pappageorge, Stamas and Garcia introduced

Senate Bill No.299, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 2002 PA 19.

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

Senators Stamas, Jansen, Birkholz, Gilbert, Van Woerkom, Brown, Hardiman, Jelinek, Pappageorge and Garcia introduced

Senate Bill No.300, entitled

A bill to amend 1867 PA 20, entitled "An act relative to recording deeds, mortgages and instruments of record, and to declare the effect thereof," by amending section 1 (MCL 565.491), as amended by 1992 PA 211.

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

Senators Pappageorge, Jansen, Birkholz, Gilbert, Van Woerkom, Brown, Hardiman, Jelinek, Stamas and Garcia introduced

Senate Bill No.301, entitled

A bill to amend 1873 PA 5, entitled "An act to provide for the recording of judgments in actions affecting or relating to the title of real estate," by amending section 1 (MCL 565.401).

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

Senators Jansen, Gilbert, Birkholz, Van Woerkom, Brown, Hardiman, Jelinek, Pappageorge, Stamas and Garcia introduced

Senate Bill No.302, entitled

A bill to amend 1915 PA 123, entitled "An act to provide for the recording and use in evidence of affidavits affecting real property; and to provide a penalty for the making of false affidavits," by amending section 2 (MCL 565.452).

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

Senators Birkholz, Jansen, Gilbert, Van Woerkom, Brown, Hardiman, Jelinek, Pappageorge, Stamas and Garcia introduced

Senate Bill No.303, entitled

A bill to amend 1875 PA 54, entitled "An act to facilitate the inspection and reproduction of the records and files in the offices of the registers of deeds," by amending section 1 (MCL 565.551), as amended by 1994 PA 51.

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

Senator Kahn introduced

Senate Bill No.304, entitled

A bill to amend 1967 PA 270, entitled "An act to provide for the release of certain information or data relating to health care research or education, health care entities, practitioners, or professions, or certain governmentally funded programs; to limit the liability with respect to the release of certain information or data; and to safeguard the confidential character of certain information or data," by amending sections 1 and 2 (MCL 331.531 and 331.532), section 1 as amended by 2005 PA 89 and section 2 as amended by 1993 PA 86.

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

Senator Kahn introduced

Senate Bill No.305, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16244, 21513, and 21515 (MCL 333.16244, 333.21513, and 333.21515), section 16244 as amended by 1993 PA 87 and section 21513 as amended by 2002 PA 125.

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

Senators Prusi, Schauer and Thomas introduced

Senate Bill No.306, entitled

A bill to provide for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations.

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

Senators Brater, Schauer and Thomas introduced

Senate Bill No.307, entitled

A bill to provide for the levy, assessment, and collection of an excise tax on certain services; to provide exemptions; to appropriate the proceeds; to prescribe certain powers and duties of certain state departments; and to prescribe penalties.

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

Senators Prusi, Schauer and Thomas introduced

Senate Bill No.308, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1211 (MCL 380.1211), as amended by 2006 PA 648.

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

Senators Cherry, Schauer and Thomas introduced

Senate Bill No.309, entitled

A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 3 (MCL 211.903), as amended by 2002 PA 244.

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

Senators Anderson, Schauer and Thomas introduced

Senate Bill No.310, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy andcollect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; 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 the state tax commission and certain officers of local governmental units; and to provide penalties," by amending sections 14 and 14a (MCL 207.564 and 207.564a), section 14 as amended by 1996 PA 1 and section 14a as amended by 1994 PA 266.

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

Senators Brater, Schauer and Thomas introduced

Senate Bill No.311, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 9k.

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

Senators Jacobs, Schauer and Thomas introduced

Senate Bill No.312, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.

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

Senators Jacobs, Schauer and Thomas introduced

Senate Bill No.313, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section 7ll.

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

Senators Cherry, Schauer and Thomas introduced

Senate Bill No.314, entitled

A bill to amend 1899 PA 188, entitled "Michigan estate tax act," by amending sections 32, 33, and 56 (MCL 205.232, 205.233, and 205.256), sections 32 and 33 as added by 1993 PA 54 and section 56 as amended by 1998 PA 277, and by adding section 32a.

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

Senators Gleason, Schauer and Thomas introduced

Senate Bill No.315, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4r (MCL 205.54r), as amended by 2004 PA 173.

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

Senators Schauer and Thomas introduced

Senate Bill No.316, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 2004 PA 173.

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

Senators Jacobs, Schauer and Thomas introduced

Senate Bill No.317, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 2004 PA 173.

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

Senators Anderson, Cherry, Schauer and Thomas introduced

Senate Bill No.318, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2004 PA 173.

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

Senators Gleason, Schauer and Thomas introduced

Senate Bill No.319, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4k (MCL 205.94k), as amended by 2006 PA 18.

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

Senators Jacobs, Schauer and Thomas introduced

Senate Bill No.320, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4d (MCL 205.94d), as amended by 2004 PA 172.

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

Senators Thomas and Schauer introduced

Senate Bill No.321, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a and 4 (MCL 205.93a and 205.94), as amended by 2004 PA 172.

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

Senators Gleason, Schauer and Thomas introduced

Senate Bill No.322, entitled

A bill to amend 2004 PA 175, entitled "Streamlined sales and use tax revenue equalization act," (MCL 205.171 to 205.191) by adding section 10.

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

Senators Scott, Schauer and Thomas introduced

Senate Bill No.323, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9 (MCL 211.9), as amended by 2006 PA 550; and to repeal acts and parts of acts.

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

Senators Prusi, Schauer and Thomas introduced

Senate Bill No.324, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 3, 4, 19, and 24 (MCL 205.3, 205.4, 205.19, and 205.24), section 3 as amended by 2006 PA 615, sections 4 and 19 as amended by 2002 PA 657, and section 24 as amended by 2003 PA 201.

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

Senators Switalski, Schauer and Thomas introduced

Senate Bill No.325, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," (MCL 205.1 to 205.31) by adding section 30d.

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

Senators Clark-Coleman, Schauer and Thomas introduced

Senate Bill No.326, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 36 (MCL 206.36).

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

Senators Clark-Coleman, Schauer and Thomas introduced

Senate Bill No.327, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2005 PA 214.

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

Senators Basham, Schauer and Thomas introduced

Senate Bill No.328, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 2004 PA 164.

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

Senator Patterson introduced

Senate Bill No.329, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416e.

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

Senator Patterson introduced

Senate Bill No.330, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section3406s.

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

Senator Switalski introduced

Senate Bill No.331, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 2003 PA 114, and by adding section 3b.

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

Senator Jacobs introduced

Senate Bill No.332, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416e.

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

Senators Whitmer and Jacobs introduced

Senate Bill No.333, 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 416f.

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

Senators Brater and Jacobs introduced

Senate Bill No.334, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section3406t.

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

Senators Clarke and Jacobs introduced

Senate Bill No.335, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section3406s.

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

Statements

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

The motion prevailed.

Senator Scott's statement is as follows:

The African American author, Don Davis, once said that every business has two financial objectives: one is to make money; the other is to make money consistently. I would amend that to say that every insurance company has two objectives: to make money and to make it consistently. Unfortunately, they are doing it on the backs of folks who can least afford it, the poor people of the city of Detroit and other surrounding urban areas.

I am imploring my colleagues on both sides of the aisle to take immediate action to stop this money-motivated exploitation and bring equality and justice to insurance rates in Michigan.

Committee Reports

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.47, entitled

A bill to provide for the establishment of a water improvement tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in water resources; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote water resource improvement; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

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

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi

Nays: None

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

The Committee on Natural Resources and Environmental Affairs reported

Senate Bill No.83, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 43540e.

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

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

Patricia L. Birkholz

Chairperson

To Report Out:

Yeas: Senators Birkholz, Van Woerkom, Patterson, Basham and Prusi

Nays: None

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on Wednesday, February 28, 2007, at 1:00p.m., Room 110, Farnum Building

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

COMMITTEE ATTENDANCE REPORT

The Committee on Banking and Financial Institutions submitted the following:

Meeting held on Wednesday, February 28, 2007, at 8:30a.m., Room 210, Farnum Building

Present: Senators Richardville (C), Sanborn, Cassis, Hunter, Clarke and Olshove

Excused: Senator Stamas

COMMITTEE ATTENDANCE REPORT

The Committee on Campaign and Election Oversight submitted the following:

Meeting held on Wednesday, February 28, 2007, at 12:30p.m., Room 405, Capitol Building.

Present: Senators McManus (C), Brown, Jansen, Jacobs and Schauer

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Human Services submitted the following:

Meeting held on Wednesday, February 28, 2007, at 12:30p.m., Room 100, Farnum Building

Present: Senators Hardiman (C), Kahn, Jansen, Scott and Barcia

COMMITTEE ATTENDANCE REPORT

The Committee on Economic Development and Regulatory Reform submitted the following:

Meeting held on Wednesday, February 28, 2007, at 1:00p.m., Rooms 402 and 403, Capitol Building

Present: Senators Sanborn (C), Richardville, Allen, Gilbert, Thomas, Hunter and Jacobs

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Judiciary and Corrections submitted the following:

Meeting held on Wednesday, February 28, 2007, at 3:00p.m., Rooms 402 and 403, Capitol Building

Present: Senators Cropsey (C), Kahn and Brater

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Prison Reform and Public Safety submitted the following:

Meeting held on Wednesday, February 28, 2007, at 3:00p.m., Jackson Community College, Potter Center, Federer Rooms A, B and C, 2111 Emmons Road, Jackson

Present: Senators Kuipers (C) and Patterson

Excused: Senators Cropsey and Prusi

Scheduled Meetings

Appropriations -

Subcommittees -

Agriculture - Thursdays, March 8 and March 15, 2:00p.m., Rooms 402 and 403, Capitol Building (373-2768)

Economic Development - Wednesdays, March 7 and March 14, 8:30a.m., Room 110, Farnum Building (373-2768)

General Government - Thursdays, March 8 and March 15, 3:00p.m., Room 100, Farnum Building (373-2768)

Higher Education - Thursday, March 8, 8:30a.m. and 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

History, Arts, and Libraries - Tuesday, March 6, 3:00p.m., Senate Hearing Room, Ground Floor, Boji Tower; and Tuesday, March 13, 3:00p.m., Room 405, Capitol Building (373-2768)

Human Services Department - Wednesdays, March 7 and March 14, 12:30p.m., Room 100, Farnum Building (373-2768)

Judiciary and Corrections - Thursday, March 8, 1:30p.m., Room 100, Farnum Building; and Wednesday, March 14, 3:00p.m., Room 402, Capitol Building (373-2768)

State Police and Military Affairs - Thursday, March 8, 1:00p.m., Room 405, Capitol Building (373-2768)

Transportation Department - Wednesdays, March 7, March 14 and March 21, 8:30a.m., Room 405, Capitol Building (373-2768)

Banking and Financial Institutions - Wednesday, March 7, 8:30a.m., Room 210, Farnum Building (373-3543)

Commerce and Tourism - Monday, March 5, 11:00a.m., Midland City Hall, Council Overflow Room, 333 W. Ellsworth, Midland (373-2413)

Homeland Security and Emerging Technologies - Tuesday, March 6, 1:00p.m., Room 100, Farnum Building (373-5932)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 10:32a.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Tuesday, March 6, 2007, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate