No. 84

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2007

Senate Chamber, Lansing, Tuesday, September 11, 2007.

10:00a.m.

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

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--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 Nancy Cassis of the 15th District offered the following invocation:

It started as any typical morning, a cool, rather crisp day, much like today, six years ago when a band of evildoers performed their cowardly crime and changed the life of our nation forever. We mourned, we anguished, and we prayed. An age of innocence was gone with the wind.

Today I ask all of you gathered here to reflect along with me on that day and how our nation with unity and resolve emerged from that tragedy. As we in this chamber face our critical and challenging moment, may we draw meaning from that moment.

God, stretch Your loving arms around this gathering and bless our every moment, every deliberation, and every endeavor. Fill us with love, compassion, goodwill, and peace in our hearts. May the dust and ash of the collapsing buildings give way to a new tomorrow. Where there is division, bring unity; where there is divisiveness, harmony; where there is estrangement, a coming together; and where there is conflict, peace.

As we commemorate this anniversary of the sacrifices of the firefighters who gave their lives that day to save others, let us pray for the comfort of their loved ones in like manner. God, please watch over our servicemen and women all over the world as they battle in defense of liberty, freedom, and our way of life. Amen.

The President pro tempore, Senator Richardville, led the members of the Senate in recital of the Pledge of Allegiance.

Motions and Communications

Recess

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

The motion prevailed, the time being 10:05a.m.

10:19a.m.

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

During the recess, Senators Bishop, Jelinek, Pappageorge, Van Woerkom, McManus, Stamas, Kuipers, George, Brown, Hardiman, Allen, Jansen, Kahn, Birkholz and Garcia entered the Senate Chamber.

By unanimous consent the Senate proceeded to the order of

Messages from the House

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

Senate Bill No.53

House Bill No.4120

The motion prevailed.

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

The motion prevailed.

Senate Bill No.232, entitled

A bill to make appropriations for the department of human services and certain state purposes related to public welfare services for the fiscal year ending September 30, 2008; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

The House of Representatives has substituted (H-6) the bill.

The House of Representatives has passed the bill as substituted (H-6) and ordered that it be given immediate effect.

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

Senator Cropsey moved that the rule be suspended.

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

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

The substitute was not concurred in, a majority of the members serving not voting therefor, as follows:

Roll Call No.318 Yeas--0

Nays--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

Excused--1

Sanborn

Not Voting--0

In The Chair: Richardville

By unanimous consent the Senate returned to the order of

Motions and Communications

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

Michigan Public Service Commission

Mr.Steven A. Transeth, an Independent, of 2404 Cheltingham Boulevard, Lansing, Michigan 48917, county of Eaton, succeeding J. Peter Lark, who has resigned, appointed for a term commencing July 13, 2007 and expiring July 2, 2009.

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

The following communications were received and read:

Office of the Senate Majority Leader

September 6, 2007

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Transportation Committee hold a hearing on the appointment of Jerrold M. Jung to the State Transportation Commission and make a written recommendation to the Government Operations and Reform Committee on the appointment.

September 6, 2007

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Energy Policy & Public Utilities Committee hold a hearing on the appointment of Orjiakor N. Isiogu to the Michigan Public Service Commission and make a written recommendation to the Government Operations and Reform Committee on the appointment.

Sincerely,

Michael D. Bishop, Chairman

Government Operations and Reform Committee

The communications were referred to the Secretary for record.

The following communications were received and read:

Office of the Senate Majority Leader

September 6, 2007

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-10) to Senate Bill 222 appoints the following members to sit on the conference committee:

Senator Cameron Brown, Chair

Senator Ron Jelinek

Senator Martha Scott

Thank you for your prompt consideration of this matter.

September 6, 2007

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-6) to Senate Bill 231 appoints the following members to sit on the conference committee:

Senator Tom George, Chair

Senator Michelle McManus

Senator Irma Clark-Coleman

Thank you for your prompt consideration of this matter.

September 6, 2007

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-6) to Senate Bill 233 appoints the following members to sit on the conference committee:

Senator Alan Cropsey, Chair

Senator Roger Kahn

Senator Liz Brater

Thank you for your prompt consideration of this matter.

September 6, 2007

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-6) to Senate Bill 234 appoints the following members to sit on the conference committee:

Senator Mark Jansen, Chair

Senator Tom George

Senator Martha Scott

Thank you for your prompt consideration of this matter.

September 6, 2007

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-6) to Senate Bill 235 appoints the following members to sit on the conference committee:

Senator Valde Garcia, Chair

Senator Tony Stamas

Senator Jim Barcia

Thank you for your prompt consideration of this matter.

September 6, 2007

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-6) to Senate Bill 238 appoints the following members to sit on the conference committee:

Senator Valde Garcia, Chair

Senator Tony Stamas

Senator Jim Barcia

Thank you for your prompt consideration of this matter.

September 6, 2007

Pursuant to Joint Rule 3, the Senate having non-concurred in the House substitute (H-6) to Senate Bill 240 appoints the following members to sit on the conference committee:

Senator Bill Hardiman, Chair

Senator Alan Cropsey

Senator Glenn Anderson

Thank you for your prompt consideration of this matter.

Sincerely,

Senator Michael D. Bishop

Majority Leader

State Senate, 12th District

The communications were referred to the Secretary for record.

The following communication was received and read:

Office of the Auditor General

September 7, 2007

Enclosed is a copy of the following audit report:

Performance audit of Child Welfare Services, State Court Administrative Office.

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 Thursday, September6:

House Bill Nos. 4711 4712 4713 4849 4860 4862 4863 4864 5054 5055 5056 5057

The Secretary announced the enrollment printing and presentation to the Governor on Friday, September 7, for her approval the following bill:

Enrolled Senate Bill No.675 at 2:10p.m.

The Secretary announced that the following official bills were printed on Thursday, September 6, and are available at the legislative website:

Senate Bill Nos. 721 722 723 724 725 726 727 728 729 730

House Bill Nos. 5154 5155 5156 5157 5158 5159 5160 5161 5162 5163 5164 5165 5166 5167 5168 5169 5170 5171 5172

The Secretary announced that the following official bills and joint resolutions were printed on Friday, September 7, and are available at the legislative website:

Senate Bill Nos. 731 732 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757

Senate Joint Resolution G

House Bill Nos. 5173 5174 5175 5176 5177 5178 5179 5180 5181 5182 5183 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 5201

House Joint Resolution V

The Secretary announced that the following official bills were printed on Monday, September 10, and are available at the legislative website:

House Bill Nos. 5184 5185 5186 5187 5188 5189 5190

Messages from the Governor

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

Senate Bill No.436

The motion prevailed.

The following message from the Governor was received and read:

September 7, 2007

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the followingappointments and reappointment to state office under Section 21 of the State Housing Development Authority Act of 1966, 1966 PA 346, MCL 125.1421:

Michigan State Housing Development Authority

Mr.Ismael Ahmed of 7801 West Morrow Circle, Dearborn, Michigan 48126, county of Wayne, succeeding Marianne Udow, who has resigned, representing principal department heads of the executive branch of the state government, for a term commencing September 7, 2007 and expiring at the pleasure of the Governor.

Ms.Marianne Udow-Phillips, a Democrat, of 2280 Gale Road, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding Bernard S. Glieberman, whose term has expired, appointed for a term commencing September 7, 2007 and expiring March 10, 2011.

Mr.Archie L. Clark, a Democrat, of 4268 10th Street, Ecorse, Michigan 48229, county of Wayne, reappointed for a term expiring March 10, 2011.

Sincerely,

Jennifer M. Granholm

Governor

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

Michigan Public Service Commission

Mr.Steven A. Transeth, an Independent, of 2404 Cheltingham Boulevard, Lansing, Michigan 48917, county of Eaton, succeeding J. Peter Lark, who has resigned, appointed for a term commencing July 13, 2007 and expiring July 2, 2009.

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.319 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: Richardville

Third Reading of Bills

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

Senate Bill No.241

Senate Bill No.242

Senate Bill No.243

The motion prevailed.

The President, Lieutenant Governor Cherry, assumed the Chair.

The following bill was read a third time:

Senate Bill No.241, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending sections 1, 2a, 2b, 3c, 3d, 3e, 5, 5f, 5g, 9a, and 11b (MCL 722.111, 722.112a,722.112b, 722.113c, 722.113d, 722.113e, 722.115, 722.115f, 722.115g, 722.119a, and 722.121b), section 1 as amended by 2005 PA 202, section 2a as amended by 1998 PA 440, section 2b as added by 2004 PA 531, section 3c as added by 1993 PA 219, section 3d as added by 1993 PA 218, section 3e as added by 2002 PA 717, sections 5 and 5f as amended by2006 PA 580, section 5g as added by 2005 PA 128, section 9a as amended by 2004 PA 315, and section 11b as added by 2002 PA 645.

The question being on the passage of the bill,

Senator Jansen offered the following amendment:

1. Amend page 9, line 18, by striking out all of subdivision (R) and inserting:

"(R)(o) "Related" means a parent, grandparent, brother, sister, stepparent, stepsister, stepbrother, uncle, aunt, cousin, great aunt, great uncle, or stepgrandparent related by marriage, blood, or adoption.".

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

The question being on the passage of the bill,

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

Roll Call No.320 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.242, entitled

A bill to amend 2006 PA 110, entitled "Michigan zoning enabling act," by amending sections 102 and 206 (MCL 125.3102 and 125.3206).

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.321 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.243, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15g of chapter XVII (MCL 777.15g), as amended by 2005 PA 134.

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.322 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

Introduction and Referral of Bills

Senators Cherry, Scott, Olshove, Basham, Whitmer, Clarke, Switalski and Thomas introduced

Senate Bill No.758, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 523 (MCL 168.523), as amended by 2005 PA 71.

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

Senators Cherry, Barcia, Scott, Olshove, Gleason, Basham, Whitmer, Clarke, Switalski and Prusi introduced

Senate Bill No.759, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20180 (MCL 333.20180), as amended by 2002 PA 731.

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

House Bill No.4711, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 15 and 16 (MCL 125.2665 and 125.2666), section 15 as amended by 2006 PA 32 and section 16 as amended by 2000 PA 145.

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.4712, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2006 PA 467.

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.4713, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 2 (MCL 125.2652), as amended by 2006 PA 32.

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.4849, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8317 (MCL 324.8317), as amended by 2003 PA 82; and to repeal acts and parts of acts.

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

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

House Bill No.4860, entitled

A bill to amend 1969 PA 287, entitled "An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies," by amending sections 4 and 9b (MCL 287.334 and 287.339b), section 4 as amended by 2004 PA 280 and section 9b as added by 1997 PA 7.

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

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

House Bill No.4862, entitled

A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," by amending the title and sections 6, 9, and 11 (MCL 286.206, 286.209, and 286.211), the title as amended by 2005 PA 53, section 6 as amended by 1995 PA 137, section 9 as amended by 2004 PA 273, and section 11 as amended by 1984 PA 88.

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

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

House Bill No.4863, entitled

A bill to amend 1974 PA 93, entitled "An act to license and regulate horse riding stables and sales barns; to prescribe the duties of the department of agriculture; and to provide a penalty," by amending section 3 (MCL 287.113), as amended by 2003 PA 86.

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

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

House Bill No.4864, entitled

A bill to amend 1937 PA 284, entitled "An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers' proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act," by amending section 3 (MCL 287.123), as amended by 2004 PA 279.

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

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

House Bill No.5054, entitled

A bill to create the sexual assault victims' medical forensic intervention and treatment fund; to provide for assessments against certain criminal defendants and certain juvenile offenders; to provide for expenditures from the fund; to provide for establishment of and funding for medical forensic intervention and treatment programs for victims of criminal sexual conduct; and to prescribe the powers and duties of certain state and local governmental officers and agencies.

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

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

House Bill No.5055, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1j of chapter IX (MCL 769.1j), as added by 2003 PA 70.

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

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

House Bill No.5056, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 18m of chapter XIIA (MCL 712A.18m), as amended by 2004 PA 102.

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

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

House Bill No.5057, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 181 (MCL 600.181), as added by 2003 PA 97.

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

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

Statements

A moment of silence was observed in memory of those who lost their lives on September 11, 2001.

Senator Sanborn entered the Senate Chamber.

Senators Schauer, Scott and Gleason asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Schauer's statement is as follows:

I rise to honor the memory of a good friend who just passed away on Saturday. Her name is Denise Ann Cadreau. Some of you knew Denise. She was employed by the Michigan State AFL-CIO here in Lansing. She was just 52 years old and left three children. Denise passed away from injuries sustained while bicycling in the Delmac Bicycle Tour which goes from East Lansing to Mackinaw City. She passed away at the hospital in Petoskey.

Denise was the daughter of John and Jane (Burns) Cadreau. She was a Lansing resident for 30 years and was formerly employed by the Service Employees International Union prior to working for the AFL-CIO as their political director. Denise was a Spartan; she graduated from Michigan State University with a master's degree in labor relations. She was also a Democratic precinct delegate for the state of Michigan.

She was a loving mother, daughter, sister, aunt, and friend. She will be missed by all who knew her. Her children, Francis, Emily, and Judith, will miss her greatly. She was a champion for working people. She was a champion for social and economic justice, and she was a champion for making sure everyone had a voice in our great democratic process. As a sign of who Denise Cadreau was, a great person whom we will miss and was taken from us too soon, memorial contributions can be made to the Michigan League for Human Services. That tells you about what Denise stood for and where her heart was.

I would ask you all to join me in sharing and expressing our deep condolences for the loss of a very good friend and to extend these condolences to Denise's children and her family, her co-workers at the Michigan AFL-CIO, and all of her allies in the labor movement.

Senator Scott's statement is as follows:

Eldridge Cleaver, revolutionary leader of the Black Panther Party, once observed, "You are either part of the solution or part of the problem." Well, consider this: I have been working for most of my career on solutions to the insurance rate disparities in Michigan. It has been more than 30 years and my solutions have yet to be adopted. My insurance bills that will provide those solutions are still sitting before you.

So you tell me, are you part of the solution or part of the problem?

Senator Gleason's statement is as follows:

Today across America at 8:46a.m., there was a moment of remembrance for those who died on behalf of service to their country and their community. All of us understand what happened in the field of Pennsylvania. We understand what occurred at the Pentagon, and we more greatly understand what happened at the Twin Towers. But that was a day that offered a reflection to all of us on what the police and the fire and the first responders offer to our communities every single day. That began a new obligation for all of us as representatives of citizens of Michigan.

Because of the 9/11 attacks on this country, unprovoked, we stand here on a too regular basis offering memorial resolutions for the brave men and women who serve our country every single day. There was a great decision that had to be made at that particular moment about what kind of country we were going to be. We might have questioned at that time what kind of country we wanted to be, but we could never question the valor, dignity, and honor that those in uniform have provided to our state and our country.

Five years ago, you joined with my family offering condolences, prayers, and thoughts on behalf of a nephew our family lost in Iraq. Today in Iraq the camp that sits in Baghdad, Iraq, is named after our nephew Scott Sather. So it's with special solace and a particular sense of sadness today that I'm reminded that what not only happened to our nephew, Sergeant Scott Sather, but as I mentioned, on too regular a basis our Michigan citizens who stand up for us.

We were offered a great opportunity at that time to see the footage--some of us watched it live--about how the police and fire, they did not run from the wreckage and the attacks, but they actually entered the buildings knowing full well what the costs could be and, unfortunately, it was.

Mr.President, I appreciate the moment of silence and respect offered by a previous Senator and would reflect again as a body that we offer our condolences and prayers today. That only began the discussion of what kind of country we were going to be. We know, again, that in the not too future that we will be standing once again offering a memorial resolution on behalf of one of our brave citizens.

Mr.President, I ask that we all take a moment today to understand what has happened to our country and our state and indeed our world, and thank all of those who could offer a moment of prayer and condolence for the families who lost so much.

Recess

Senator Cropsey moved that the Senate recess until 1:30p.m.

The motion prevailed, the time being 10:57a.m.

The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Cherry.

Recess

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

The motion prevailed, the time being 1:31p.m.

5:00p.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.

Committee Reports

COMMITTEE ATTENDANCE REPORT

The Legislative Retirement Board of Trustees submitted the following:

Meeting held on Wednesday, September 5, 2007, at 3:00p.m., Room H-252, Capitol Building

Present: Senators McManus and Clarke

Scheduled Meetings

Appropriations -

Subcommittee -

Higher Education - Wednesday, September 12, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768)

Campaign and Election Oversight - Wednesday, September 12, 12:30p.m., Room 405, Capitol Building and Monday, September 17, 1:00p.m., Saginaw Valley State University, Curtiss Hall, Banquet Room A, 7400 Bay Road, University Center (373-1725)

Energy Policy and Public Utilities - Thursday, September 13, 10:00a.m., Room 210, Farnum Building (373-7350)

Health Policy - Wednesday, September 12, 3:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0793)

Senior Citizens and Veterans Affairs - Wednesday, September 12, 9:00a.m., Room 100, Farnum Building (373-2413)

Senator Cropsey moved that the Senate adjourn.

The motion prevailed, the time being 5:01p.m.

The Secretary of the Senate declared the Senate adjourned until Wednesday, September 12, 2007, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate