No. 89

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Wednesday, December 3, 2008.

10:00 a.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—present

Bishop—present Hunter—present Schauer—excused

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 James A. Barcia of the 31st District offered the following invocation:

Dear God, as You look down upon this great body, we ask that You would give us the strength to faithfully fulfill our duties to the citizens of this great state. We ask that You impart to us wisdom and good judgment. We pray for the courage to make decisions that reflect Your eternal vision of justice and compassion. Let us never forget that while You have blessed us with the freedom to chart our own course, You have also shown us the path to salvation.

Lord, as we begin today, we thank You for Your many blessings. Give each of us the grace to let Your Spirit guide our work. We pray these things in Your name. Amen.

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

Senator Thomas entered the Senate Chamber.

Motions and Communications

Senator Thomas moved that Senator Clarke be temporarily excused from today’s session.

The motion prevailed.

Senator Thomas moved that Senator Schauer be excused from today’s session.

The motion prevailed.

Recess

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

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

11:37 a.m.

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

During the recess, Senators Jansen, Richardville, Kuipers, Kahn, Jelinek, Garcia, Brown, Allen and Clarke entered the Senate Chamber.

The following communication was received and read:

Office of the Auditor General

November 25, 2008

Enclosed is a copy of the following audit report:

Financial audit of the Homeowner Construction Lien Recovery Fund, Department of Labor and Economic Growth, for the period October 1, 2005 through September 30, 2007.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The audit report was referred to the Committee on Government Operations and Reform.

The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, December 2:

House Bill Nos. 6471 6621 6625 6633 6736 6737 6738 6739 6740

Senator Cropsey moved that the Committee on Government Operations and Reform be discharged from further consideration of the following appointment:

Director of the Department of Labor and Economic Growth

Mr. Stanley F. Pruss of 8249 North Scott Road, St. Johns, Michigan 48879, county of Clinton, succeeding Keith W. Cooley, for a term commencing November 3, 2008 and expiring at the pleasure of the Governor.

The motion prevailed, a majority of the members serving voting therefor, and the appointment was placed on the order of Messages from the Governor.

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

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

Senate Bill No. 436

Senate Bill No. 222

Senate Bill No. 229

Senate Bill No. 232

Senate Bill No. 238

Senate Bill No. 240

Senate Bill No. 776

Senate Bill No. 1097

Senate Bill No. 1106

Senate Bill No. 1095

The motion prevailed.

The following message from the Governor was received and read:

December 2, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to state office under Sections 16121 and 18705 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.18705:

Michigan Board of Respiratory Care

Ms. Ilene H. Abramson, Ph.D., of 1127 South Lake Drive, #114, Novi, Michigan 48377, county of Oakland, succeeding Malita Barrett, whose term will expire, representing the general public, for a term commencing January 1, 2009 and expiring December 31, 2012.

Mr. Randall M. Kehr of 3340 Peshtigo Drive, Grandville, Michigan 49418, county of Kent, reappointed to represent respiratory therapists, for a term commencing January 1, 2009 and expiring December 31, 2012.

Sincerely,

Jennifer M. Granholm

Governor

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

Director of the Department of Labor and Economic Growth

Senator Cropsey moved that the Senate advise and consent to the appointment.

The question being on advising and consenting to the said appointment to office,

The Senate advised and consented to the appointment, a majority of the members serving voting therefor, as follows:

Roll Call No. 714 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

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

Schauer

Not Voting—0

In The Chair: Richardville

Senators Thomas, Sanborn and Cropsey asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Thomas’ statement is as follows:

I rise today in strong support of the appointment of Stanley “Skip” Pruss as director of the recently restructured Department of Energy, Labor, and Economic Growth, as well as the state’s chief energy officer.

Skip comes to the position with a strong record of public-private accomplishments, having served as an assistant attorney general, the deputy director of Environmental Quality, and most recently, as the Governor’s special advisor on renewable energy and the environment. This background and varied experience makes Skip well-qualified to serve as DLEG director at a critical time when our state is aggressively pursuing policies to grow our economy and create jobs, particularly in the rapidly-developing renewable energy industry.

Upon our hearing yesterday, we found Mr. Pruss to be a consensus builder, someone who is very much looking forward to working with both sides of the aisle in finding a way to build Michigan’s economy. I think all of the members of the committee, yourself included, were impressed by the answers offered by Mr. Pruss, and he will make an excellent contribution to the state of Michigan and the Governor’s Cabinet.

With that in mind, I would strongly recommend that my colleagues support the appointment of Mr. Stanley “Skip” Pruss.

Senator Sanborn’s statement is as follows:

Yesterday, the Committee on Economic Development and Regulatory Reform conducted the advise and consent hearing on the appointment of Mr. Stanley Pruss as the executive director of the Michigan Department of Labor and Economic Growth. While it is clear that Mr. Pruss and I will not always share the same philosophy on how to deal with the many challenges that we face in the state of Michigan, I was encouraged by his pledge to work with all parties to find solutions that I believe Mr. Pruss—Skip, if you will, which is his nickname—is a dedicated public servant and should be given the opportunity to take on the position on behalf of the Governor.

As a result, the Economic Development and Regulatory Reform Committee unanimously recommended that Mr. Pruss be appointed, and I would urge the Senate to do the same.

Senator Cropsey’s statement is as follows:

Mr. Pruss is going to be facing, I believe, some very difficult issues inside that department, and I would hope that he will measure up to what is needed to be done. Just this morning, I had a group of people in my office who were very concerned about the Michigan Unemployment Agency. They have been waiting for years to have a determination made—waiting for years before they could even see an administrative law judge of which they still have nothing scheduled in front of the judge—but yet, their businesses are really on the cusp as to whether or not they can actually survive because of the inaction of the Michigan Unemployment Agency. Perhaps I should say of the not-so-diligent actions of that agency. This agency does come under the Department of Energy, Labor, and Economic Growth.

So I have talked with Mr. Pruss this morning and this is one of the areas he will be looking at, and I would hope that we would support his appointment as the director here because he has a lot of work to do in order to help businesses get back on their feet and going here in the state of Michigan. So I would urge your support for this.

Messages from the House

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

House Bill No. 4120

House Bill No. 4507

Senate Bill No. 868

Senate Bill No. 239

Senate Bill No. 493

Senate Bill No. 1175

Senate Bill No. 1342

The motion prevailed.

Senate Bill No. 834, entitled

A bill to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1278a (MCL 380.1278a), as added by 2006 PA 124.

The House of Representatives has concurred in the Senate amendment to the House substitute (H-1).

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

Senate Bill No. 1077, entitled

A bill to amend 2008 PA 290, entitled “An act to authorize the removal, capture, or lethal control of a gray wolf that is preying upon livestock under certain circumstances; and to provide for penalties,” (MCL 324.95151 to 324.95153) by adding section 5.

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. 1084, entitled

A bill to authorize the removal, capture, or lethal control of a gray wolf that is preying upon a dog under certain circumstances; to provide for penalties; and to promulgate rules.

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

The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect.

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

Senate Bill No. 1515, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 601 (MCL 339.601), as amended by 2007 PA 157, and by adding section 2006.

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 not concurred in, 2/3 of the members serving not voting therefor.

The Senate agreed to the full title.

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

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Richardville, designated Senator Jansen as Chairperson.

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

Senate Bill No. 702, 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.

The bill was placed on the order of Third Reading of Bills.

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

Senate Bill No. 1615, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 42702 and 42713 (MCL 324.42702 and 324.42713), section 42702 as amended by 2004 PA 537 and section 42713 as added by 1995 PA 57.

Substitute (S-3).

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

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

House Bill No. 4552, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 50b (MCL 750.50b), as amended by 1996 PA 80.

Substitute (S-7).

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. 5160, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625 (MCL 257.625), as amended by 2006 PA 564.

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

1. Amend page 16, line 2, after “effect” by striking out the balance of the enacting section and inserting “January 1, 2009.”.

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:

Senate Bill No. 1390, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2006 PA 579.

Substitute (S-2).

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

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

Senate Bill No. 1450, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 6 and 7 (MCL 38.1306 and 38.1307), as amended by 1995 PA 272.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 702

Senate Bill No. 1450

Senate Bill No. 1615

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

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

Senate Bill No. 702

Senate Bill No. 1450

Senate Bill No. 1615

House Bill No. 5745

House Bill No. 5748

House Bill No. 5769

House Bill No. 5874

House Bill No. 5877

House Bill No. 4938

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 702, entitled

The question being on the passage of the bill,

The bill was defeated, a majority of the members serving not voting therefor, as follows:

Roll Call No. 715 Yeas—16

Allen Garcia Hunter Sanborn

Bishop George Jansen Stamas

Brown Gilbert Kuipers Thomas

Cropsey Hardiman McManus Van Woerkom

Nays—21

Anderson Cherry Jelinek Prusi

Barcia Clark-Coleman Kahn Richardville

Basham Clarke Olshove Scott

Birkholz Gleason Pappageorge Switalski

Brater Jacobs Patterson Whitmer

Cassis

Excused—1

Schauer

Not Voting—0

In The Chair: Richardville

Senator Cropsey moved to reconsider the vote by which the bill was defeated.

The question being on the motion to reconsider,

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

The motion prevailed.

Protests

Senators Whitmer, Cherry, Richardville and Jacobs, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 702.

Senator Whitmer moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Whitmer’s statement, in which Senators Cherry, Richardville and Jacobs concurred, is as follows:

Our item pricing laws are essential to providing consumers with the most information possible when they are seeking to make a purchase—good public policy. Information is one of the most powerful tools that consumers have in the marketplace. We are a nation of price shoppers. You can tell just by looking at the success of such websites as Travelocity, Expedia, or Priceline.

In this time of economic strife, we are asking struggling families to cut back, to pinch their pennies. Yet, this bill adds more items to be excluded from our item pricing requirements. Excluded from item pricing requirements would be milk and milk products. A mother buying milk for her children will have one less layer of protection from buying an overpriced product under this law.

Now let me get this straight. If this law is enacted, I can comparison shop for my pet food but not for the milk for my family? Does that make sense to you? It doesn’t make sense to me. Even this morning on the “Today” show, there was a story about a struggling mother who was forced to save money by cutting her baby’s formula with water. Times are tough and consumers deserve protection.

Also excluded from item pricing under this law would be frozen foods. This was added under the auspice that it is difficult to sticker frozen foods. That is simply not true. There was testimony in the committee that frozen food stickers are available, and there is an insignificant difference in price as compared to regular pricing stickers.

Now the timing on this bill couldn’t be worse. Michigan families are fragile to the effects of the downturned economy, and item pricing is the most effective way to comparison shop by providing the paper trail. I urge a “no” vote on this legislation.

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

The motion prevailed.

Senator Allen’s statement is as follows:

I appreciate the comments from the gentle lady from the 23rd District, but I want to let you know that the modernization of item pricing is something that we have struggled with for a generation in this Legislature. We have many challenges that we face, but we are trying to develop a consistent policy that works with the other approximately 47 states in the Union.

I believe that this modernization program was put in with enough safeguards to ensure that we will be able to have appropriate pricing, reduce the burden on retailers, and hopefully, reduce the cost for the consumers.

The following bill was read a third time:

Senate Bill No. 1450, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 6 and 7 (MCL 38.1306 and 38.1307), as amended by 1995 PA 272.

The question being on the passage of the bill,

Senator Cropsey moved that further consideration of the bill be postponed for today.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Olshove introduced

Senate Bill No. 1668, entitled

A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2002 PA 472.

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

Senator Brown introduced

Senate Bill No. 1669, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2004 PA 52.

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

House Bill No. 6471, entitled

A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending sections 2 and 7 (MCL 390.1472 and 390.1477), as amended by 2007 PA 153.

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. 6621, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2007 PA 154.

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. 6625, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14m of chapter XVII (MCL 777.14m), as amended by 2002 PA 659.

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. 6633, entitled

A bill to amend 1975 PA 169, entitled “Charitable organizations and solicitations act,” by amending section 3 (MCL 400.273).

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

The bill was read a first and second time by title and referred to the Committee on Economic Development and Regulatory Reform.

House Bill No. 6736, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 611 (MCL 141.2611), as amended by 2002 PA 500.

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. 6737, entitled

A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 305 (MCL 141.2305).

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. 6738, 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 2008 PA 225.

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. 6739, entitled

A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending section 1 (MCL 125.1801), as amended by 2005 PA 29.

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. 6740, entitled

A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 2 (MCL 125.2152), as amended by 2007 PA 200.

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.

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:

Barbara Jordan is certainly one of my heroes. She was the first African American to serve in the Texas Senate since 1883 and the first black woman to serve in that body. In 1972, she was elected to the U.S. House, the first black woman from a Southern state to do so.

She was mentioned as a possible running mate to Jimmy Carter in 1976, and that year she became the first African‑American woman to deliver the keynote address at an American national party convention. That speech was ranked fifth in “Top 100 American Speeches of the 20th Century” list and was considered by many historians to have been the best convention keynote speech in modern history until the 2004 keynote by Barack Obama.

But of all the eloquent and impassioned words that Barbara Jordan spoke, here are what I consider her most meaningful. Barbara Jordan said, “You know, folks, when do any of us do enough?” When do any of us do enough? Have you done enough? Have you done enough to lessen the burden of high-cost insurance for poor working people? Have you done enough to make insurance fairly priced? Have you done enough to assure that everyone has access to a product that’s required by law?

Think about that, folks. Ask yourself if you’ve done enough. And after you answer, will you please move my bills?

Committee Reports

The Committee on Transportation reported

Senate Bill No. 286, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2006 PA 562, and by adding section 811r.

With the recommendation that the bill pass.

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kahn, Van Woerkom and Gleason

Nays: Senator Basham

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 6239, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2004 PA 420.

With the recommendation that the bill pass.

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kahn, Van Woerkom, Basham and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Transportation reported

House Bill No. 6604, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” (MCL 290.601 to 290.634) by adding section 28d.

With the recommendation that the bill pass.

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Kahn, Van Woerkom, Basham and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Joint meeting held on Tuesday, December 2, 2008, at 1:28 p.m., Room 110, Farnum Building

Present: Senators Gilbert (C), Kahn, Van Woerkom, Basham and Gleason

The Committee on Commerce and Tourism reported

Senate Bill No. 208, entitled

A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 16 (MCL 125.2652 and 125.2666), section 2 as amended by 2006 PA 32 and section 16 as amended by 2000 PA 145.

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, Stamas and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Commerce and Tourism reported

Senate Bill No. 1483, entitled

A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending sections 8a and 8e (MCL 125.2688a and 125.2688e), section 8a as amended by 2008 PA 116 and section 8e as amended by 2008 PA 117.

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.

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Stamas and Clarke

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 Commerce and Tourism submitted the following:

Meeting held on Tuesday, December 2, 2008, at 2:30 p.m., Room 100, Farnum Building

Present: Senators Allen (C), Stamas and Clarke

Excused: Senators Gilbert and Hunter

The Committee on Education reported

House Bill No. 4902, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1164b.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Van Woerkom, Cassis, Whitmer and Gleason

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Tuesday, December 2, 2008, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Kuipers (C), Van Woerkom, Cassis, Whitmer and Gleason

The Committee on Judiciary reported

Senate Bill No. 1452, entitled

A bill to amend 1966 PA 189, entitled “An act to provide procedures for making complaints for, obtaining, executing and returning search warrants; and to repeal certain acts and parts of acts,” by amending sections 1, 2, and 4 (MCL 780.651, 780.652, and 780.654), section 1 as amended by 2003 PA 185 and section 4 as amended by 2002 PA 112.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Stamas, Clarke and Prusi

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

Senate Bill No. 1629, entitled

A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending sections 2, 4, 5, 10, and 11 (MCL 18.352, 18.354, 18.355, 18.360, and 18.361), as amended by 1996 PA 519, and by adding section 5a.

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.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Stamas, Clarke and Prusi

Nays: None

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

The Committee on Judiciary reported

House Bill No. 4092, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 520m (MCL 750.520m), as amended by 2003 PA 100.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Stamas, Clarke and Prusi

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5534, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 248 and 249 (MCL 750.248 and 750.249), section 248 as amended by 1991 PA 145.

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.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Stamas, Clarke and Prusi

Nays: None

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

The Committee on Judiciary reported

House Bill No. 6189, entitled

A bill to amend 1991 PA 46, entitled “Eligible domestic relations order act,” by amending section 2 (MCL 38.1702).

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Stamas, Clarke and Prusi

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 6602, 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.

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Stamas, Clarke 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 Judiciary submitted the following:

Meeting held on Tuesday, December 2, 2008, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Kuipers (C), Cropsey, Stamas, Clarke and Prusi

Excused: Senators Sanborn and Patterson

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Transportation Department submitted the following:

Joint meeting held on Tuesday, December 2, 2008, at 1:28 p.m., Room 110, Farnum Building

Present: Senators Hardiman (C) and Anderson

Excused: Senator Cropsey

Scheduled Meetings

Appropriations -

Subcommittee -

Capital Outlay - Thursday, December 4, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373‑8080)

Commerce and Tourism - Tuesday, December 9, 2:30 p.m., Room 100, Farnum Building (373-2413)

Education - Thursday, December 4, 3:00 p.m., Room 210, Farnum Building (373-6920)

Finance - Thursday, December 4, 8:00 a.m., Room 110, Farnum Building (373-1758)

Judiciary - Thursday, December 4, 2:00 p.m., Room 210, Farnum Building (373-6920)

Legislative Commission on Government Efficiency - Monday, December 8, 10:00 a.m., Room 426, Capitol Building (373-0212)

Legislative Commission on Statutory Mandates - Thursday, December 18, 12:00 noon, Oakland County Executive Office Building, Executive Conference Room, 5th Floor, Building 41-West, 2100 Pontiac Lake Road, Waterford (373‑0212)

Legislative Retirement Board of Trustees - Thursday, December 4, 2:00 p.m., Room H-252, Capitol Building (373‑0575)

Natural Resources and Environmental Affairs - Tuesday, December 9, 8:30 a.m., Room 110, Farnum Building (373‑3447)

Senate Fiscal Agency Board of Governors - Wednesday, December 10, 3:00 p.m., Senate Majority Leader’s Conference Room, Room S-101, Capitol Building (373-5300)

Senior Citizens and Veterans Affairs - Wednesday, December 10, 8:30 a.m., Room 100, Farnum Building (373-2413)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 12:37 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Thursday, December 4, 2008, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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