No. 85
STATE OF MICHIGAN
Journal of the Senate
94th Legislature
REGULAR SESSION OF 2008
Senate Chamber, Lansing, Thursday, November 6, 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—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
Reverend Roland Arthur Caldwell of Burnette Inspirational Ministries of Detroit offered the following invocation:
Eternal God our Father, we thank You for being our God and our Savior. We thank You for Your love, Your kindness, and Your mercy. We pray now that Your hand will be upon us and would be upon this body. We pray that Your hand would be upon our President and our leaders. We pray that You would guide us and protect us. We pray that You would guide our footsteps, order our words. Let us say what You want us to say, and help us to know what You want us to know.
Help us to lead the people in the right direction. Give us the wisdom and the knowledge to elevate our level of thinking, our level of living. We will give Your name praise throughout eternity. In Jesus’ name it is so. Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senators Garcia, George and Schauer entered the Senate Chamber.
The Secretary announced that the following official bill was printed on Wednesday, November 5, and is available at the legislative website:
Senate Bill No. 1572
Senator Thomas moved that Senators Barcia and Brater be temporarily excused from today’s session.
The motion prevailed.
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, Lieutenant Governor Cherry, designated Senator Stamas as Chairperson.
After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
Senate Bill No. 1327, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 78101 and 78110 (MCL 324.78101 and 324.78110), section 78101 as amended by 2006 PA 466 and section 78110 as amended by 2004 PA 587.
House Bill No. 6403, entitled
A bill to authorize the state administrative board to convey certain state owned property in Clinton county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1313, entitled
A bill to create a lien against real property for unpaid commercial real estate broker’s commissions and services; and to provide remedies.
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. 1475, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1204b and 1204c (MCL 500.1204b and 500.1204c), section 1204b as amended by 1992 PA 84 and section 1204c as amended by 2006 PA 442.
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No. 1476, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204a (MCL 500.1204a), as amended by 2006 PA 442.
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. 1477, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204 (MCL 500.1204), as amended by 2001 PA 228.
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:
Senate Bill No. 1478, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 1206c.
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. 1459, 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 sections 811r, 811s, 811t, and 811u.
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.
During the Committee of the Whole, Senators Hardiman, Barcia, Gleason, Jansen and Brater entered the Senate Chamber.
By unanimous consent the Senate returned to the order of
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. 1077
Senate Bill No. 1491
Senate Bill No. 1445
Senate Bill No. 1446
Senate Bill No. 1536
Senate Bill No. 1550
The motion prevailed.
The following bill was read a third time:
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 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. 612 Yeas—38
Allen Clark-Coleman Jansen Richardville
Anderson Clarke Jelinek Sanborn
Barcia Cropsey Kahn Schauer
Basham Garcia Kuipers Scott
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brater Gleason Pappageorge Thomas
Brown Hardiman Patterson Van Woerkom
Cassis Hunter Prusi Whitmer
Cherry Jacobs
Nays—0
Excused—0
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. 1491, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 1998 PA 469.
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. 613 Yeas—38
Allen Clark-Coleman Jansen Richardville
Anderson Clarke Jelinek Sanborn
Barcia Cropsey Kahn Schauer
Basham Garcia Kuipers Scott
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brater Gleason Pappageorge Thomas
Brown Hardiman Patterson Van Woerkom
Cassis Hunter Prusi Whitmer
Cherry Jacobs
Nays—0
Excused—0
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. 1445, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2002 PA 686.
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. 614 Yeas—38
Allen Clark-Coleman Jansen Richardville
Anderson Clarke Jelinek Sanborn
Barcia Cropsey Kahn Schauer
Basham Garcia Kuipers Scott
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brater Gleason Pappageorge Thomas
Brown Hardiman Patterson Van Woerkom
Cassis Hunter Prusi Whitmer
Cherry Jacobs
Nays—0
Excused—0
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. 1446, entitled
A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending sections 204, 206, 803, and 1004 (MCL 450.4204, 450.4206, 450.4803, and 450.5004), section 204 as amended by 2002 PA 686 and section 206 as amended by 1997 PA 52.
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. 615 Yeas—38
Allen Clark-Coleman Jansen Richardville
Anderson Clarke Jelinek Sanborn
Barcia Cropsey Kahn Schauer
Basham Garcia Kuipers Scott
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brater Gleason Pappageorge Thomas
Brown Hardiman Patterson Van Woerkom
Cassis Hunter Prusi Whitmer
Cherry Jacobs
Nays—0
Excused—0
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. 1536, entitled
A bill to amend 1976 PA 295, entitled “State transportation preservation act of 1976,” by amending section 10 (MCL 474.60), as amended by 1998 PA 235.
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. 616 Yeas—38
Allen Clark-Coleman Jansen Richardville
Anderson Clarke Jelinek Sanborn
Barcia Cropsey Kahn Schauer
Basham Garcia Kuipers Scott
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brater Gleason Pappageorge Thomas
Brown Hardiman Patterson Van Woerkom
Cassis Hunter Prusi Whitmer
Cherry Jacobs
Nays—0
Excused—0
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. 1550, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 44a (MCL 211.44a), as amended by 2004 PA 357.
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. 617 Yeas—38
Allen Clark-Coleman Jansen Richardville
Anderson Clarke Jelinek Sanborn
Barcia Cropsey Kahn Schauer
Basham Garcia Kuipers Scott
Birkholz George McManus Stamas
Bishop Gilbert Olshove Switalski
Brater Gleason Pappageorge Thomas
Brown Hardiman Patterson Van Woerkom
Cassis Hunter Prusi Whitmer
Cherry Jacobs
Nays—0
Excused—0
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
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:
I’m still happy today. So today I bring you more sage advice by way of an old and traditional African proverb. It says, “Usually, what we travel miles to see is closer than we think.” Sometimes I feel I’ve been traveling a long distance for a very long time as I deliver my messages on insurance reform. But I am hopeful, and I’m even more hopeful now, that the proverb is accurate and that passage of my bills is closer than I think. In fact, many of the solutions to the insurance problems lie right within this chamber.
Each day each and every one of you has it within your power to end my journey and bring resolution to a three-decade problem. If only you would hear my plea, on behalf of all drivers and homeowners in Michigan, to please move my bills.
By unanimous consent the Senate returned to the order of
Motions and Communications
The following communication was received and read:
Office of the Senate Majority Leader
November 5, 2008
Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Committee on Economic Development and Regulatory Reform hold a hearing on the appointment of Stanley Pruss as Director of the Department of Labor and Economic Growth, and make a written recommendation to the Government Operations and Reform Committee on this appointment.
Sincerely,
Michael D. Bishop, Chairman
Committee on Government Operations and Reform
The communication was referred to the Secretary for record.
Senator Cropsey moved that when the Senate adjourns today, it stands adjourned until Wednesday, November 12, at 10:00 a.m.
The motion prevailed.
By unanimous consent the Senate proceeded to the order of
Introduction and Referral of Bills
Senator Allen introduced
Senate Bill No. 1595, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 534, 537, 603, and 1027 (MCL 436.1534, 436.1537, 436.1603, and 436.2027), sections 537, 603, and 1027 as amended and section 534 as added by 2008 PA 218.
The bill was read a first and second time by title and referred to the Committee on Economic Development and Regulatory Reform.
Senator Allen introduced
Senate Bill No. 1596, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 845 (MCL 418.845).
The bill was read a first and second time by title and referred to the Committee on Commerce and Tourism.
Senator Jansen introduced
Senate Bill No. 1597, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending sections 2 and 10 (MCL 207.842 and 207.850), section 2 as amended by 2008 PA 231.
The bill was read a first and second time by title and referred to the Committee on Economic Development and Regulatory Reform.
Senators Birkholz, Kuipers and Pappageorge introduced
Senate Bill No. 1598, entitled
A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” (MCL 565.1 to 565.49) by adding section 2.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senator Van Woerkom introduced
Senate Bill No. 1599, entitled
A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8102) by adding section 3210.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Switalski introduced
Senate Bill No. 1600, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2006 PA 167.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Switalski introduced
Senate Bill No. 1601, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7401 and 7403 (MCL 333.7401 and 333.7403), as amended by 2002 PA 710; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Switalski introduced
Senate Bill No. 1602, entitled
A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2002 PA 666.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Switalski introduced
Senate Bill No. 1603, entitled
A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 68b.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Switalski introduced
Senate Bill No. 1604, entitled
A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2006 PA 443.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Switalski introduced
Senate Bill No. 1605, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7oo.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Switalski introduced
Senate Bill No. 1606, entitled
A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 14 (MCL 325.1014), as amended by 1998 PA 56.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senator Switalski introduced
Senate Bill No. 1607, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81e.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Jansen, Pappageorge and Birkholz introduced
Senate Bill No. 1608, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 22c.
The bill was read a first and second time by title and referred to the Committee on Commerce and Tourism.
Senators Basham and Jacobs introduced
Senate Bill No. 1609, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Basham, Jacobs and Barcia introduced
Senate Bill No. 1610, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Basham and Jacobs introduced
Senate Bill No. 1611, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Basham, Clarke, Jacobs and Barcia introduced
Senate Bill No. 1612, entitled
A bill to authorize a local unit of government to enact an ordinance requiring any person employed at an adult entertainment business to obtain a work permit; and to provide for the powers and duties of certain government officials.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senators Basham, Clarke and Jacobs introduced
Senate Bill No. 1613, entitled
A bill to impose a state excise tax on persons engaged in the business of operating an adult entertainment facility; to provide for the levy, assessment, and collection of the tax; to provide for the disposition of the collections from the tax; and to prescribe the powers and duties of certain state officers.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senator Basham introduced
Senate Bill No. 1614, entitled
A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2007 PA 168.
The bill was read a first and second time by title and referred to the Committee on Transportation.
Senators Basham and Birkholz introduced
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.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
Senators Jansen, Birkholz, Richardville, Cherry, Jacobs and Whitmer introduced
Senate Bill No. 1616, 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 bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Kuipers, Richardville, Kahn, Barcia, Cherry, Hardiman, Jacobs and Whitmer introduced
Senate Bill No. 1617, entitled
A bill to create the children’s advocacy center act; to create the children’s advocacy center fund; to provide for distributions from the fund; to prescribe the powers and duties of the fund administrator; and to prescribe the powers and duties of certain state officials.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Birkholz, Jansen, Richardville, Barcia, Cherry, Hardiman, Jacobs and Whitmer introduced
Senate Bill No. 1618, 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 bill was read a first and second time by title and referred to the Committee on Judiciary.
Senators Schauer, Hunter, Cherry and Clarke introduced
Senate Bill No. 1619, entitled
A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 3 (MCL 123.1133), as amended by 2003 PA 135.
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senator Hunter introduced
Senate Bill No. 1620, entitled
A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 9 (MCL 205.429), as amended by 2004 PA 474.
The bill was read a first and second time by title and referred to the Committee on Commerce and Tourism.
Senator Hunter introduced
Senate Bill No. 1621, entitled
A bill to prohibit the sale of certain uncertified cigarettes; to provide standards for testing and fire safety certification of cigarettes; to provide remedies and civil sanctions; to provide for the powers and duties of certain state governmental officers and entities; and to repeal acts and parts of acts.
The bill was read a first and second time by title and referred to the Committee on Commerce and Tourism.
Senator Jelinek introduced
Senate Bill No. 1622, entitled
A bill to amend 1977 PA 72, entitled “The medicaid false claim act,” by amending sections 7 and 12 (MCL 400.607 and 400.612), section 7 as amended by 1984 PA 333.
The bill was read a first and second time by title and referred to the Committee on Appropriations.
Committee Reports
COMMITTEE ATTENDANCE REPORT
The Committee on Families and Human Services submitted the following:
Meeting held on Thursday, November 6, 2008, at 8:30 a.m., Room 210, Farnum Building
Present: Senators Jansen (C), Hardiman and Jacobs
Scheduled Meetings
Appropriations -
Subcommittee -
Environmental Quality Department - Thursday, November 13, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-2768)
Legislative Commission on Statutory Mandates - Tuesday, November 18, 12:00 noon, Oakland County Executive Office Building, Executive Conference Room, 5th Floor, Building 41-West, 2100 Pontiac Lake Road, Waterford (373‑0212)
Natural Resources and Environmental Affairs - Wednesday, November 12, 1:00 p.m., Room 110, Farnum Building (373-3447)
Senate Fiscal Agency Board of Governors - Thursday, November 13, 9:00 a.m., Senate Majority Leader’s Conference Room, Room S-101, Capitol Building (373-5300)
State Drug Treatment Court Advisory Committee - Tuesday, November 25, 9:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)
Senator Cropsey moved that the Senate adjourn.
The motion prevailed, the time being 10:45 a.m.
In pursuance of the order previously made, the President, Lieutenant Governor Cherry, declared the Senate adjourned until Wednesday, November 12, 2008, at 10:00 a.m.
CAROL MOREY VIVENTI
Secretary of the Senate
2160 JOURNAL OF THE SENATE [November 6, 2008] [No. 85
No. 85] [November 6, 2008] JOURNAL OF THE SENATE 2161
2162 JOURNAL OF THE SENATE [November 6, 2008] [No. 85
No. 85] [November 6, 2008] JOURNAL OF THE SENATE 2163
2164 JOURNAL OF THE SENATE [November 6, 2008] [No. 85
No. 85] [November 6, 2008] JOURNAL OF THE SENATE 2165
2166 JOURNAL OF THE SENATE [November 6, 2008] [No. 85
No. 85] [November 6, 2008] JOURNAL OF THE SENATE 2167
2168 JOURNAL OF THE SENATE [November 6, 2008] [No. 85
No. 85] [November 6, 2008] JOURNAL OF THE SENATE 2169
2170 JOURNAL OF THE SENATE [November 6, 2008] [No. 85