2006-SJ-12-29-098

No. 98

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Friday, December 29, 2006.

11:00a.m.

Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

The roll was called by the Assistant Secretary of the Senate, who announced that a quorum was not present.

Senator Beverly S. Hammerstrom of the 17th District offered the following invocation:

Heavenly Father, we come before You today, this last day of the legislative session, with mixed emotions. We are thankful for having been granted the ability to serve and enact legislation these past four years that positively impacts the citizens of this great state, and we know that it is only through Your grace that this has been granted.

At the same time, we are saddened today for Michigan has recently lost two of its favorite sons. Charlie "Mad Dog" Thornhill, a friend who faithfully served as a sergeant of this body for many years, was taken suddenly to eternal glory last week, and we mourn his passing. While we do not understand why he was taken in his prime, we trust Your greater plan. May You grant his family strength and comfort in these difficult days.

We also mourn the passing of Gerald Ford, Michigan's only President. He was indeed a man of honor, uniting this country at a time of great need. We trust that he, like Charlie, are now safely within Your holy realm, perhaps even reminiscing about football plays at both the University of Michigan and Michigan State.

And so, Heavenly Father, as we end this legislative session, it is bittersweet, but it is indicative of life and we embrace the life which You have granted each and every one of us. May we live those lives in a manner which is pleasing to You, so that when our time on earth is over, we may join Charlie and President Ford behind Your pearly gates.

In Thy name we pray. Amen.

The Secretary of the Senate led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

The following communications were received and read:

Office of the Secretary of the Senate

December 20, 2006

Enrolled Senate Bill No.1253, sponsored by Senator Hardiman, was returned from the House of Representatives on December 14, 2006, and ordered enrolled. This bill establishes a requirement for childcare licensees and registrants to notify parents of complaints of rule violations and investigations.

The message from the House indicated it had passed the bill without amendment, when, in fact, it had passed the bill with amendments. Pursuant to Mason's Manual of Legislative Procedure and Joint Rules, a record roll call vote must be taken on the concurrence of amendments from the other house. As a result, the Senate unknowingly ordered the bill enrolled without taking the required roll call vote.

Based on the foregoing circumstances, I have declared the enrollment of this bill invalidated, and it cannot be presented to the Governor. Since this is the end of the two-year session, the bill is dead and must be re-introduced in the 94th Legislature.

If you have any questions or concerns, please do not hesitate to contact me.

December 29, 2006

Enrolled Senate Bill No.613, sponsored by Senator Brown, was returned from the House of Representatives on December 14, 2006, and ordered enrolled. This bill establishes sentencing guidelines for the crime of child care center or day care center employees failing to self-report certain felony charges.

The bill is tie-barred to Enrolled Senate Bill No. 1253, whose enrollment was invalidated. Enrolled Senate Bill No. 613, therefore, will not take effect due to the tie-bar. Since this is the end of the two-year session, the bill must be re-introduced in the 94th Legislature.

If you have any questions or concerns, please do not hesitate to contact me.

Carol Morey Viventi, J.D.

Secretary of the Senate

The communications were referred to the Secretary for record.

Senators Sikkema and Schauer asked and were granted unanimous consent to make statements.

Senator Sikkema's statement is as follows:

I rise with a great deal of sadness over the passing of Charlie Thornhill. We only have four Senators present here and it's my hope that maybe Senator Cropsey and Senator Schauer, in the new session and in an appropriate time, could also recognize the life of this remarkable man. I wanted certainly as the Senate Majority Leader for the last four years, having worked with Charlie, to offer a memorial tribute on behalf of the entire Senate on this last day.

I'm not going to read all of the tribute, just a couple of highlights of his life. Charlie was born in Roanoke, Virginia, 1944. He was one of six siblings who grew up in the Lincoln Terrace projects, played football at a local high school, and in 1962, he broke the color barrier by becoming the first African American to receive the Most Outstanding Back award from the local Roanoke Touchdown Club. Of course, from there he went to Michigan State and truly became one of the great football legends at Michigan State.

I don't know what the other people's lasting impressions of Charlie Thornhill were. I think, like most of us, our first sort of impression or the first time that we met him, it was sort of in awe of this man and the legend he had established at Michigan State. I remember when I moved to the present house I live in four or five years ago, I was talking to my neighbor who was a rabid Michigan State fan. He had the flag, the Spartan "S" out there in his yard. We were talking about Michigan State and then immediately he asked what I did. I said, "Well, I'm a Senator." He kind of looked at me and said, "Oh, that's interesting." Then I thought a minute because we were talking about State and I said, "I work with Charlie 'Mad Dog' Thornhill." His eyes got bigger than saucers and he went into his house and he brought out the video tapes, I guess it's the '65 game with Notre Dame. I don't remember because I'm not that big of a football historian, but he had the video tapes and he had a book about that team. He could care less that I was a politician, but I got to work every day with Charlie "Mad Dog" Thornhill. That impressed him.

So I think for most of us that was kind of our first encounter with Charlie--that he was a legend, but I have to tell you, after four years with this man, he was far more than that. I used to come up with a great deal of regularity up on the Senate floor in the afternoon just to get some peace and quiet. I would come up here and, of course, the chamber was by and large deserted. I would sit at my desk and ponder and think for awhile about things and invariably would talk to Charlie. This was a very wise man. This was a real teacher of people in the things he said. I'll just mention a couple of them. I remember one time, it was probably near the end of a budget cycle or at the end of the year and I was a little tired. Charlie said, "How ya doin?" I said, "I'm tired." He said, "Senator, you can't be tired. It's the fourth quarter. This is when you win games."

Another time I was talking to him and we were talking about football. For some reason, I made the comment that I had two knee operations since high school because of a football injury. I said to Charlie, obviously, I never should have said this, but I said, "Yeah, I was probably too small to play football." You could see his whole body just stiffen. For a fleeting moment, I thought to myself, man, I'm glad I'm not on the football field right now with him. But he said to me and looked me in the eye, "Senator, it's not about size; it's about desire." What a profound thing to say. It's not about size; it's about desire. I mean, you could extend that and think about how it could apply. It's not about the position you have, and it's what you do in your position. It's not about where you went to school. It's about how you apply yourself at school and later in life. It's not about the outside of a man; it's about the inside of a man. That's what he was saying when he said it's not about size; it's about desire.

When I think about Charlie Thornhill, and I will never forget that man, I will remember the football legend he was and he earned that--he earned that legend. The Free Press when they wrote the article after his passing last week said that on occasion when a running back would come at Charlie and Charlie would tackle him, he would look at them and say, "Don't come this way again." He did, he earned that legend he was.

Charlie was far more than that, and when I think of Charlie, I will think of a very wise man, a man who inspired people, and a real teacher. I am sad to have seen and read about his passing.

Senator Schauer's statement is as follows:

I am proud to be here today, and given the fact that there are so few of us, this is sort of a unique day in that we don't have a quorum. But when I learned yesterday at Charlie's memorial service that we would be presenting this memorial tribute and presenting that as part of the Senate record, I wanted to be here today.

I am thankful for our Secretary and our Assistant Secretary for presenting that and doing it so well. Carol and Pam, thank you so much for doing that on behalf of all the members of the Michigan Senate and Carol for asking everyone instead of observing that moment of silence, but for asking everyone to give Charlie a round of applause. I thought that was so fitting for what he has meant to the Michigan Senate. I think we all have our own personal story and a warm feeling about Charlie. I think all I really want to say is that, one, as a Senator, someone who will continue to be here, Charlie clearly was and will continue to be a member of the Michigan Senate family. Mike, our chief sergeant said that so well, and I just know that all of the sergeants have lost a brother, have lost a family member. I know that everyone here in this chamber feels that way, and so I will remember Charlie "Mad Dog" Thornhill for his character, for his soul.

You know, when I talk to people about Charlie, you know, I just have said that I don't think you will ever meet a warmer, more caring, more compassionate person than Charlie Thornhill. You know, there was greatness within him for what he achieved so historically in the mid '60s. That is something that is part of a tribute and just in side conversation that I have had, and it was told by his teammates, that he was really part of something important with regard to racial integration in the early to mid '60s by coming to Michigan State and being just part of a great generation and carrying on that greatness after his playing days ended. We are so fortunate and blessed to have had the chance to work with Charlie to be recipients of his warmth and his compassion. It was clearly contagious. For all of us this will continue, and for Ken and Bev and those who are leaving, Charlie is going to stay with us.

Ken, I do look forward to, and Mike, all of us finding an appropriate way to memorialize Charlie in this chamber. I thinkit is fitting that we do that. I am proud that we are going to remember him and that we are remembering Charlie here today.

MEMORIAL TRIBUTE

The Senate Majority Leader, on behalf of the entire membership of the Senate, offered the following Memorial Tribute:

A resolution of tribute offered as a memorial for Charles E. Thornhill, Assistant Sergeant at Arms for the Michigan Senate.

WHEREAS, Charlie Thornhill was born on April 1, 1944, in Roanoke, VA, to Waverly and Ella Thornhill; one of six siblings who grew up in the Lincoln Terrace projects; and

WHEREAS, Charlie Thornhill played football for the Lucy Addison High School, and in 1962, he broke the color barrier by becoming the first African American to receive the Most Outstanding Back award from the Roanoke Touchdown Club; and

WHEREAS, Charlie Thornhill came to Michigan State University and became part of the legendary MSU football team, coached by Duffy Daugherty, playing middle linebacker from 1964-1966. He was an instrumental team member of the national championship team and was part of one of the most famous games of all-time, the 10-10 tie against Notre Dame in 1966. Nicknamed "Mad Dog," Charlie played defense with fierce intensity, reserving his warm smile for encounters off the playing field; and

WHEREAS, Charlie Thornhill was an employee of General Motors Corporation for 20 years; and

WHEREAS, Charlie Thornhill has been a dedicated employee of the Michigan State Senate since 1993 as a Sergeant at Arms. Bringing a warm smile and a kind word to work every day, Charlie touched many who visited the Senate for close to 13 years; and

WHEREAS, Charlie Thornhill was a friend to all who worked in the Capitol, from the workers in the food stand, the State Police post, the tour guides, docents, facilities staff, his fellow Sergeants at Arms, the entire Secretary of the Senate staff, the pages, the partisan and non-partisan staffs, the lobbyists, and former and present Senators. His daily smile and "how ya doin' today!" will be missed as we enter the Senate Chamber, the Farnum Building, or walk the Capitol hallways; and

WHEREAS, Charlie Thornhill was a mentor to many young people; as an example, one recently stopped Charlie as he was in front of the Capitol to tell him how he had straightened out his life and thanked Charlie for counseling him as a young man at the Boys Training School; and

WHEREAS, Charlie Thornhill was a man of integrity, honesty, kindness, humor, and humility; who served as an informal "ambassador" for MSU and the Michigan Senate; and

WHEREAS, Charlie Thornhill was a devoted family man, proud of his wife Lauri and her work at MSU, bursting with pride over the success of his sons as they too donned the Spartan green and white on football Saturdays, and always happy to show pictures of his granddaughter; now, therefore, be it

RESOLVED BY THE SENATE, That we offer our condolences to the family of Charles Thornhill and pay tribute to his kindness and almost 13 years of service to the Senate; and be it further

RESOLVED, That copies of this memorial tribute be transmitted to his beloved wife, Laureen Thornhill, sons Josh and Kaleb, daughter-in-law Katie, and granddaughter Hannah Grace.

Kenneth R. Sikkema Carol Morey Viventi, J.D.

Senate Majority Leader Secretary of the Senate

A moment of silence was observed in memory of Assistant Sergeant at Arms Charlie "Mad Dog" Thornhill.

Senator Cropsey asked and was granted unanimous consent to make a statement.

Senator Cropsey's statement is as follows:

In the east Gallery, we have Hilda Ivans from Lancaster, Pennsylvania. She's John Lazet's--who's been my staff member and longtime employee of the Senate--mother. I also have some special guests from Jackson, Mississippi, which is the capital city for the state of Mississippi. They are Missy and Jonathon Gray, along with their daughter Molly and their son Samuel. They are in the north Gallery.

I just wanted to take a moment a reflect on the passing of a great President. Gerald Ford has the distinction of being the only unelected President to serve in the office of the presidency. He also is the only President we have had from the state of Michigan.

There's been a lot of tributes given to President Ford in the papers recently, but I just wanted to reflect that my House district, when I was first elected, overlapped part of Gerald Ford's old congressional district. This was in 1978 when I ran for the state House of Representatives and Gerald Ford had just lost the presidency two years previous to that. But it's very interesting, as I went around and knocked on doors as a young, aspiring legislator, to run into people who would tell me all of the time about Gerald Ford and how he used to come and knock on the doors in Pewamo, in Lyons, and in Ionia--just like I was doing at that point. It was for a 26-year-old aspiring politician great thoughts that people had at the time. So the very doors I was knocking on, Gerald Ford had knocked on in his earlier career.

I just wanted to pause and reflect that we will be missing a great man in President Ford.

A moment of silence was observed in memory of former President Gerald R. Ford.

The following communication was received:

Department of State Police

December 1, 2006

I am pleased to submit the 2005-2006 Concealed Pistol License Annual Report as required by Public Act 372 of 1927, as amended. This report details the concealed pistol license activity between July 1, 2005 and June 30, 2006.

The revised laws regarding concealed pistol licensure went into effect on July 1, 2001. Below is a summary of the activity since that date.

Year Applications Received Total Approved # of Criminal Violations

2001-2002 62,902 53,000 92

2002-2003 29,914 27,499 221

2003-2004 35,585 31,121 398

2004-2005 58,366 54,677 403

2005-2006 40,238 36,754 548

Sincerely,

Peter C. Munoz

Director

The communication was referred to the Secretary for record.

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

December 1, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:09p.m. this date, administrative rule (06-12-01) for the Department of Environmental Quality, Water Bureau, entitled "Part 21. Wastewater Discharge Permits." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 1, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:11p.m. this date, administrative rule (06-12-02) for the Department of Environmental Quality, Land and Water Management Division, entitled "Wetlands Protection." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 1, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:13p.m. this date, administrative rule (06-12-03) for the Department of Environmental Quality, Environmental Science and Services Division, entitled "Clean Corporate Citizen Program." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 1, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:15p.m. this date, administrative rule (06-12-04) for the Department of Treasury, Commissioner of the Bureau of State Lottery, entitled "Lottery Rules." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 1, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:20p.m. this date, administrative rule (06-12-06) for the Department of Labor and Economic Growth, Office of Financial and Insurance Services, entitled "Actuarial Opinion and Memorandum Under Standard Valuation Law." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 4, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:00p.m. this date, administrative rule (06-12-07) for the Department of Environmental Quality, Air Quality Division, entitled "Part 18. New Source Review for Major Source of Air Pollution." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 11, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 10:14a.m. this date, administrative rule (06-12-09) for the Department of Environmental Quality, Environmental Science and Services Division, entitled "Voluntary Laboratory Recognition Program." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 13, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:49p.m. this date, administrative rule (06-12-08) for the Department of Labor and Economic Growth, Public Service Commission, entitled "Michigan Gas Safety Standards." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

December 19, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order No.1995-6, this is to advise you that the Michigan Department of Labor & Economic Growth, State Office of Administrative Hearings and Rules filed at 4:44p.m. this date, administrative rule (06-12-10) for the Department of Agriculture, Pesticide and Plant Pest Management Division, entitled "Regulation No.641. Commercial Fertilizer Bulk Storage." These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The following communication was received:

Department of Community Health

December 13, 2006

Enclosed is a copy of the Bureau of Health Professions annual report required by Public Act 368 of 1978 [MCL 333.16143(2)] and Public Act 79 of 1993 [MCL 333.16241(8)]. The data contained in the reports covers the time period of October 1, 2004 through September 30, 2005.

If you need additional copies of the reports, please contact Doreen Lyman at 517-373-8068.

Sincerely,

Janet Olszewski

Director

The communication was referred to the Secretary for record.

The following communications were received:

Office of the Auditor General

December 14, 2006

Enclosed is a copy of the Comprehensive Annual Financial Report of the Bureau of State Lottery for the fiscal years ended September 30, 2006 and 2005.

If you have questions regarding this report, please call me; Scott M. Strong, C.P.A., Deputy Auditor General; or Therese A. Regner, C.P.A., Audit Division Administrator for audits of the Bureau of State Lottery.

December 22, 2006

Enclosed is a copy of the following audit report:

Performance audit of Selected General and Application Controls, Department of Environmental Quality and Department of Information Technology.

December 28, 2006

Enclosed is a copy of the following audit report:

Financial audit of the Commercial Mobile Radio Service Emergency Telephone Fund, Department of Treasury and Michigan Department of State Police, for the period October 1, 2003 through September 30, 2005.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Secretary for record.

The Secretary announced the enrollment printing and presentation to the Governor on Friday, December 15, for her approval the following bills:

Enrolled Senate Bill No.1500 at 11:38a.m.

Enrolled Senate Bill No.1501 at 11:40a.m.

Enrolled Senate Bill No.1081 at 11:48a.m.

Enrolled Senate Bill No.387 at 2:20p.m.

Enrolled Senate Bill No.1357 at 2:22p.m.

Enrolled Senate Bill No.1128 at 2:24p.m.

Enrolled Senate Bill No.906 at 2:26p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 19, for her approval the following bills:

Enrolled Senate Bill No.604 at 3:57p.m.

Enrolled Senate Bill No.1288 at 3:59p.m.

Enrolled Senate Bill No.123 at 4:01p.m.

Enrolled Senate Bill No.124 at 4:03p.m.

Enrolled Senate Bill No.186 at 4:05p.m.

Enrolled Senate Bill No.1426 at 4:07p.m.

Enrolled Senate Bill No.603 at 4:09p.m.

Enrolled Senate Bill No.670 at 4:11p.m.

Enrolled Senate Bill No.1335 at 4:13p.m.

Enrolled Senate Bill No.459 at 4:15p.m.

Enrolled Senate Bill No.868 at 4:17p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 20, for her approval the following bills:

Enrolled Senate Bill No.163 at 9:52a.m.

Enrolled Senate Bill No.640 at 9:54a.m.

Enrolled Senate Bill No.840 at 9:56a.m.

Enrolled Senate Bill No.924 at 9:58a.m.

Enrolled Senate Bill No.927 at 10:00a.m.

Enrolled Senate Bill No.928 at 10:02a.m.

Enrolled Senate Bill No.1104 at 10:04a.m.

Enrolled Senate Bill No.1110 at 10:06a.m.

Enrolled Senate Bill No.1125 at 10:08a.m.

Enrolled Senate Bill No.1241 at 10:10a.m.

Enrolled Senate Bill No.1257 at 10:12a.m.

Enrolled Senate Bill No.1266 at 10:14a.m.

Enrolled Senate Bill No.1269 at 10:16a.m.

Enrolled Senate Bill No.1393 at 10:18a.m.

Enrolled Senate Bill No.1398 at 10:20a.m.

Enrolled Senate Bill No.1399 at 10:22a.m.

Enrolled Senate Bill No.1404 at 10:24a.m.

Enrolled Senate Bill No.1405 at 10:26a.m.

Enrolled Senate Bill No.1408 at 10:28a.m.

Enrolled Senate Bill No.1421 at 10:30a.m.

Enrolled Senate Bill No.1422 at 10:32a.m.

Enrolled Senate Bill No.1423 at 10:34a.m.

Enrolled Senate Bill No.1424 at 10:36a.m.

Enrolled Senate Bill No.1481 at 10:38a.m.

Enrolled Senate Bill No.1495 at 10:40a.m.

Enrolled Senate Bill No.1508 at 10:42a.m.

Enrolled Senate Bill No.95 at 10:44a.m.

Enrolled Senate Bill No.584 at 3:19p.m.

Enrolled Senate Bill No.1148 at 3:21p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Thursday, December 21, for her approval the following bills:

Enrolled Senate Bill No.1409 at 12:13p.m.

Enrolled Senate Bill No.1412 at 12:15p.m.

Enrolled Senate Bill No.1418 at 12:17p.m.

Enrolled Senate Bill No.1419 at 12:19p.m.

Enrolled Senate Bill No.1420 at 12:21p.m.

Enrolled Senate Bill No.162 at 12:23p.m.

Enrolled Senate Bill No.405 at 12:25p.m.

Enrolled Senate Bill No.65 at 12:27p.m.

Enrolled Senate Bill No.309 at 12:29p.m.

Enrolled Senate Bill No.59 at 12:31p.m.

Enrolled Senate Bill No.102 at 12:33p.m.

Enrolled Senate Bill No.454 at 12:35p.m.

Enrolled Senate Bill No.455 at 12:37p.m.

Enrolled Senate Bill No.466 at 12:39p.m.

Enrolled Senate Bill No.583 at 12:41p.m.

Enrolled Senate Bill No.647 at 12:43p.m.

Enrolled Senate Bill No.649 at 12:45p.m.

Enrolled Senate Bill No.775 at 12:47p.m.

Enrolled Senate Bill No.803 at 12:49p.m.

Enrolled Senate Bill No.891 at 12:51p.m.

Enrolled Senate Bill No.926 at 12:53p.m.

Enrolled Senate Bill No.1017 at 12:55p.m.

Enrolled Senate Bill No.1032 at 12:57p.m.

Enrolled Senate Bill No.1039 at 12:59p.m.

Enrolled Senate Bill No.1106 at 1:01p.m.

Enrolled Senate Bill No.1203 at 1:03p.m.

Enrolled Senate Bill No.1254 at 1:05p.m.

Enrolled Senate Bill No.1327 at 1:07p.m.

Enrolled Senate Bill No.1428 at 1:09p.m.

Enrolled Senate Bill No.1353 at 1:11p.m.

Enrolled Senate Bill No.1512 at 1:13p.m.

Enrolled Senate Bill No.662 at 1:15p.m.

Enrolled Senate Bill No.1111 at 1:17p.m.

Enrolled Senate Bill No.1289 at 1:19p.m.

Enrolled Senate Bill No.1292 at 1:21p.m.

Enrolled Senate Bill No.1354 at 1:23p.m.

The Secretary announced the enrollment printing and presentation to the Governor on Friday, December 22, for her approval the following bills:

Enrolled Senate Bill No.1274 at 10:02a.m.

Enrolled Senate Bill No.1410 at 10:04a.m.

Enrolled Senate Bill No.1427 at 10:06a.m.

Enrolled Senate Bill No.1499 at 10:08a.m.

Enrolled Senate Bill No.1101 at 10:10a.m.

Enrolled Senate Bill No.631 at 10:12a.m.

Enrolled Senate Bill No.632 at 10:14a.m.

Enrolled Senate Bill No.826 at 10:16a.m.

Enrolled Senate Bill No.827 at 10:18a.m.

Enrolled Senate Bill No.934 at 10:20a.m.

Enrolled Senate Bill No.1208 at 10:22a.m.

Enrolled Senate Bill No.613 at 10:24a.m.

Enrolled Senate Bill No.1273 at 3:57 p.m.

Messages from the Governor

The following messages from the Governor were received:

Date: December 14, 2006

Time: 10:32a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.567 (Public Act No.447), being

(Filed with the Secretary of State on December 14, 2006, at 11:38a.m.)

Date: December 14, 2006

Time: 10:35a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.568 (Public Act No.448), being

An act to amend 1972 PA 106, entitled "An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts," by amending sections 2, 3, 4, 6, 7, 9, 11, 12, 15, 16, 17, 18, 18a, and 19 (MCL 252.302, 252.303, 252.304, 252.306, 252.307, 252.309, 252.311, 252.312, 252.315, 252.316, 252.317, 252.318, 252.318a, and 252.319), sections 2, 3, 4, 6, 7, 9, 15, 17, and 19 as amended and section 11 as added by 1998 PA 533 and section 18a as added by 1998 PA 464, and by adding section 11a; and to repeal acts and parts of acts.

(Filed with the Secretary of State on December 14, 2006, at 11:40a.m.)

Date: December 14, 2006

Time: 10:57a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.701 (Public Act No.450), being

An act to amend 1968 PA 319, entitled "An act to provide a uniform crime reporting system; to provide for the submitting of such report to the department of state police; to require submission of the report by certain police agencies; to require the reporting on wanted persons and stolen vehicles; to require the reporting of information regarding certain persons and unidentified bodies of deceased persons; to prescribe certain powers and duties of law enforcement agencies; and to vest the director of the department of state police with certain authority," by amending section 8 (MCL 28.258), as amended by 2002 PA 718.

(Filed with the Secretary of State on December 14, 2006, at 11:44a.m.)

Date: December 14, 2006

Time: 10:59a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.1328 (Public Act No.451), being

An act to amend 1978 PA 368, entitled "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," by amending section 7333 (MCL 333.7333), as amended by 2001 PA 231.

(Filed with the Secretary of State on December 14, 2006, at 11:46a.m.)

Date: December 19, 2006

Time: 9:11p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.465 (Public Act No.481), being

(Filed with the Secretary of State on December 22, 2006, at 3:39p.m.)

Date: December 19, 2006

Time: 9:13p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.468 (Public Act No.482), being

An act to amend 1976 PA 442, entitled "An act to provide for public access to certain public records of public bodies; to permit certain fees; to prescribe the powers and duties of certain public officers and public bodies; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending section 13 (MCL 15.243), as amended by 2002 PA 437.

(Filed with the Secretary of State on December 22, 2006, at 3:41p.m.)

Date: December 19, 2006

Time: 9:43p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.1500 (Public Act No.470), being

An act to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 14i (MCL 400.14i), as amended by 2005 PA 333.

(Filed with the Secretary of State on December 20, 2006, at 4:30p.m.)

Date: December 19, 2006

Time: 9:45p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.1501 (Public Act No.471), being

(Filed with the Secretary of State on December 20, 2006, at 4:32p.m.)

Date: December 19, 2006

Time: 9:47p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.387 (Public Act No.472), being

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

(Filed with the Secretary of State on December 20, 2006, at 4:34p.m.)

Date: December 19, 2006

Time: 9:49p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.1357 (Public Act No.473), being

An act 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).

(Filed with the Secretary of State on December 20, 2006, at 4:36p.m.)

Date: December 19, 2006

Time: 9:51p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.906 (Public Act No.474), being

An act 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.

(Filed with the Secretary of State on December 20, 2006, at 4:38p.m.)

Date: December 20, 2006

Time: 9:35p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.584 (Public Act No.475), being

An act to amend 1996 PA 376, entitled "An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials," by amending section 8a (MCL 125.2688a), as amended by 2006 PA 440.

(Filed with the Secretary of State on December 21, 2006, at 10:30a.m.)

Date: December 20, 2006

Time: 9:37p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.1148 (Public Act No.476), being

(Filed with the Secretary of State on December 21, 2006, at 10:32a.m.)

Date: December 21, 2006

Time: 10:50a.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.924 (Public Act No.477), being

An act 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 74117 and 81116 (MCL 324.74117 and 324.81116), section 74117 as amended by 2003 PA 170 and section 81116 as amended by 2003 PA 111.

(Filed with the Secretary of State on December 21, 2006, at 4:14p.m.)

Date: December 21, 2006

Time: 2:20p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.1335 (Public Act No.479), being

An act 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.

(Filed with the Secretary of State on December 21, 2006, at 4:18p.m.)

Date: December 28, 2006

Time: 2:35p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.1111 (Public Act No.483), being

An act 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 section 7 (MCL 207.557), as amended by 2005 PA 267.

(Filed with the Secretary of State on December 28, 2006, at 4:02p.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following message from the Governor was received and read:

APPROPRIATIONS; CAPITAL OUTLAY

December 21, 2006

I have vetoed and return to you with my objections Enrolled Senate Bill 1081, as provided under Section 33 of Article IV of the Michigan Constitution of 1963.

The State of Michigan continues to face enormous fiscal challenges. The revenues used to support state government operations and provide critical services for our citizens have eroded. The accelerated elimination of the Single Business Tax by the 93rd Michigan Legislature coupled with its failure to enact replacement revenues has created additional fiscal instability. For these reasons, I do not believe now is an appropriate time to advance capital spending that will place additional pressures and obligations on the state's general fund, even though many of the projects are worthwhile.

I look forward to working with the new 94th Michigan Legislature on a capital spending plan after the state's fiscal house has been restored to order.

Respectfully,

Jennifer M. Granholm

Governor

This bill was returned from the Governor on December 21, 2006, at 10:52a.m.

Due to the lack of a quorum, the message was referred to the Secretary for record.

The following message from the Governor was received and read:

VEHICLES; REVISE PROCEDURES TO ESTABLISH AND

ISSUE FUND-RAISING REGISTRATION PLATES

December 22, 2006

I have vetoed and return with my objections Enrolled Senate Bill 248. The bill would create a special exception from the standardized process for establishing speed limits adopted earlier this year. I do not believe such an exception is appropriate. Michigan law already prohibits the operation of a motor vehicle at a speed that is too fast for the conditions of a roadway.

In addition, Senate Bill 248 suffers from technical deficiencies. For example, Section 629(1)(d) of the bill references the "prima facie speed limit established under Section 628." However, prima facie speed limits are established elsewhere in the Michigan Vehicle Code, not in Section 628.

Finally, I am concerned that enactment of Senate Bill 248 could lead to litigation. The manner in which the purpose of the bill was changed by the House of Representatives from a bill relating to license plates to a bill relating to speed limits may lead to a constitutional challenge under Section 24 of Article IV of the Michigan Constitution of 1963.

For these reasons, I return Enrolled Senate Bill 248 without signature.

Respectfully,

Jennifer M. Granholm

Governor

This bill was returned from the Governor on December 22, 2006, at 3:33p.m.

Due to the lack of a quorum, the message was referred to the Secretary for record.

The following message from the Governor was received on December 28, 2006, and read:

EXECUTIVE ORDER

No.2006-22

Amendment of Executive Order 2006-11

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, on July 17, 2006, the Commission on Higher Education and Economic Growth in Macomb County was established by Executive Order 2006-11;

WHEREAS, the Commission continues to engage Macomb County residents in a broad-based community dialogue and assess the need for expanded post-secondary education opportunities in that country;

WHEREAS, the goals of the Commission can best be achieved by extending its reporting deadline;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order that Section II. E of Executive Order 2006-11 be amended to read as follows:

"The Commission, not later than March 31, 2007, shall complete its work and report its findings to the Governor and the State Board of Education for their consideration.".

This Order is effective upon filing.

[SEAL] Given under my hand this 28th day of December in the year of our Lord, two thousand and six.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Committee on Government Operations.

The following message from the Governor was received and read:

December 21, 2006

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointments to office under Section 2 of 1975 PA 164, MCL 18.302:

Commission on Spanish-Speaking Affairs

Mr.Jose L.R. Reyna of 21 Holmdene Boulevard, NE, Grand Rapids, Michigan 49503, county of Kent, reappointed to represent the general public, for a term commencing December 21, 2006 and expiring December 10, 2009.

Dr.Maria Del Carmen Soto of 715 West Michigan Avenue #609, Jackson, Michigan 49021, county of Jackson, reappointed to represent the general public, for a term commencing December 21, 2006 and expiring December 10, 2009.

Ms.Danette R. Duron-Willner of 50274 Helfer Boulevard, Wixom, Michigan 48393, county of Oakland, reappointed to represent the general public, for a term commencing December 21, 2006 and expiring December 10, 2009.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

Messages from the House

The following message was received and read:

December 29, 2006

I herewith return to the Senate the following Senate Bills, Senate Joint Resolution, and Senate Concurrent Resolutions which failed of passage or adoption by the House of Representatives:

Senate Bill Nos. 43 48 53 54 70 72 92 93 127 130 131 146 151 168 172 173 180 181 205 214 216 217 221 222 223 224 228 247 249 251 339 342 343 347 350 353 354 355 358 376 393 398 399 434 461 464 467 498 499 502 519 566 578 605 608 610 612 614 641 642 663 674 705 712 754 800 831 832 870 881 882 895 896 897 898 911 945 1029 1030 1044 1051 1076 1077 1109 1113 1114 1117 1127 1130 1159 1212 1213 1215 1233 1255 1279 1303 1304 1305 1361 1372 1373 1411 1416 1417 1467

Senate Joint Resolution C

Senate Concurrent Resolution Nos. 16 17 22 27 33 41 57

Very respectfully,

Gary L. Randall, Clerk

House of Representatives

Recess

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

The motion prevailed, the time being 11:29a.m.

11:57a.m.

Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate.

Senator Schauer asked and was granted unanimous consent to make a statement.

Senator Schauer's statement is as follows:

I would like to take this moment to recognize and thank one of our pages who will be leaving us. His last day will be January 5, 2007. This will be his last occasion to be here with us on the floor--it's P.J. Hoffman. You may know, P.J. is the son of my predecessor the Senator from the 19th District, Senator Phil Hoffman, who is a good friend and great public servant and also the son of his mom Denise.

P.J. is from my district and I was proud to sponsor him. As a page, he has been a very hard worker and I know his service has been appreciated by all the Senators here. He has been with us for 18 months and will be completing his bachelor's degree at Michigan State University in the spring in general management. He will be looking for a career in the private sector.

I am just proud to thank P.J. for all that he has done for the Michigan Senate and for the people of this state. P.J., thank you.

The following message was received and read:

December 29, 2006

I have the honor to inform you that the House of Representatives has completed the business of the session and is now ready to adjourn sine die.

Very respectfully,

Gary L. Randall, Clerk

House of Representatives

The hour of 12:00 noon having arrived,

Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the Secretary of the Senate declared the Senate adjourned without day.

CAROL MOREY VIVENTI

Secretary of the Senate