No. 86

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Wednesday, November 12, 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 not present.

Allen—present Garcia—present Pappageorge—present

Anderson—present George—present Patterson—present

Barcia—present Gilbert—present Prusi—present

Basham—present Gleason—excused 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 Gerald Van Woerkom of the 34th District offered the following invocation:

Heavenly Father, we come to You this morning to give You thanks and praise. We are grateful that You are our God, and we are grateful that You have shared love, kindness, and care towards us. We pray that You will continue to care for us and bless us. We pray that You will bless our state. We know that we live in troubled times and, Lord, we pray that we may be able to find a way to help people to meet the difficulties that they face every day.

We pray for our Senate. We pray that You will give them wisdom and direction in the days ahead.

Lord, we just celebrated Veterans Day and we give You thanks for our veterans for the freedoms that they protected. We pray that You will continue to care for and bless those people who serve in the Armed Forces at this time. Keep them safe.

We pray all these things in Your most holy name. Amen.

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

Recess

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

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

11:36 a.m.

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

During the recess, Senators Basham, Barcia, Brown, Schauer, Kuipers, Hardiman, Sanborn, Garcia, Gilbert, Bishop, Stamas, Jelinek, George, Pappageorge, Birkholz, Jansen, Kahn, Allen and Cassis entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

The following communications were received and read:

Office of the Auditor General

November 7, 2008

Enclosed is a copy of the following audit report:

Performance audit of Selected Payment and Related Systems, Michigan Department of Education and Michigan Department of Information Technology.

November 7, 2008

Enclosed is a copy of the following audit report:

Performance audit of Michigan Technical Education Centers.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

The following communication was received:

Illinois House of Representatives

July 29, 2008

The Illinois House of Representatives has adopted House Resolution 1325. Pursuant to the requirements of the resolution, I am providing for your review the enclosed copy.

Any questions concerning the content or interpretation of this resolution should be directed to the sponsor of the resolution, Representative Ron Stephens, 632 Capitol Building, Springfield, Illinois 62706.

Additional copies of this resolution may be obtained by contacting the Office of the Clerk, Room 402 State House, Springfield, Illinois 62706, or by calling 217-782-8223.

Respectfully,

Mark Mahoney

Chief Clerk

The communication was referred to the Secretary for record.

The following communication was received:

Department of State

Administrative Rules

Notice of Filing

November 3, 2008

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:07 p.m. this date, administrative rule (08-11-01) for the Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules “State Board of Education - Hearings.”

This rescission takes effect immediately upon filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communication was referred to the Secretary for record.

The following communication was received:

Department of Treasury

November 3, 2008

On July 17, 2008, the Governor signed into law Public Acts 232 and 233, establishing a divestment program for investments in Iran and Sudan. Under the new laws, the Department of Treasury is charged with the task of developing and maintaining a list of scrutinized companies for each country.

The Department was given 90 days from the effective date of the Acts to develop the scrutinized company lists. In addition, the Department is required by MCL 38.1133c(6) and MCL 38.1133d(6) to forward to the legislature a publicly available report that includes a copy of the scrutinized company lists within 30 days after the lists are created. Those lists are attached.

Larry Steckelberg

Legislative Liaison

The communication was referred to the Secretary for record.

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

Enrolled Senate Bill No. 531 at 1:28 p.m.

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

Senate Bill Nos. 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564

1565 1566 1567 1568 1569 1570 1571 1573 1574 1575 1576 1577 1578 1579

1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593

1594

Senate Joint Resolution Q

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

Senate Bill Nos. 1595 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608

1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622

House Bill Nos. 6592 6593 6594 6595 6596 6597 6598 6599 6600 6601 6602 6603 6604 6605

6606 6607 6608 6609 6610 6611 6612 6613 6614 6615 6616 6617 6618

Senator Cropsey moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today:

Senate Bill No. 1403

Senate Bill No. 1443

Senate Bill No. 1534

Senate Bill No. 677

Senate Bill No. 1281

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

By unanimous consent the Senate proceeded to the order of

Messages from the Governor

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

Senate Bill No. 436

Senate Bill No. 222

Senate Bill No. 229

Senate Bill No. 232

Senate Bill No. 238

Senate Bill No. 240

Senate Bill No. 776

Senate Bill No. 1097

Senate Bill No. 1106

Senate Bill No. 1095

The motion prevailed.

The following message from the Governor was received and read:

November 6, 2008

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

Michigan Strategic Fund Board of Directors

Ms. Linda K. Ewing of 469 St. Clair Avenue, Grosse Pointe, Michigan 48230, county of Wayne, reappointed to represent the private sector, for a term expiring December 31, 2011.

Mr. James L. Herbert of 1704 Jerome Street, Lansing, Michigan 48912, county of Ingham, reappointed to represent a person in the private sector with experience in commercialization of technology, for a term expiring December 31, 2011.

Mr. Charles P. Rothstein of 5002 Lake Bluff Road, West Bloomfield, Michigan 48323, county of Oakland, reappointed to represent a person in the private sector with experience in private equity or venture capital investments, for a term expiring December 31, 2011.

Sincerely,

Jennifer M. Granholm

Governor

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

By unanimous consent the Senate proceeded 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. 1475

Senate Bill No. 1476

Senate Bill No. 1477

Senate Bill No. 1478

Senate Bill No. 1327

House Bill No. 6403

Senate Bill No. 1459

The motion prevailed.

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

The motion prevailed.

Senator Thomas moved that Senator Scott be excused from the balance of today’s session.

The motion prevailed.

The following bill was read a third time:

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.

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. 618 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Stamas

Birkholz George McManus Switalski

Bishop Gilbert Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—0

Excused—2

Gleason Scott

Not Voting—1

Brater

In The Chair: President

The Senate agreed to the title of the bill.

Senator Thomas moved that Senator Brater be temporarily excused from the balance of today’s session.

The motion prevailed.

Senator Brater entered the Senate Chamber.

The following bill was read a third time:

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.

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. 619 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Scott

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. 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.

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. 620 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Scott

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. 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.

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. 621 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Scott

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. 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.

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. 622 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Scott

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

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 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. 623 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Scott

Not Voting—0

In The Chair: President

The question being on concurring in the committee recommendation to give the bill immediate effect,

The recommendation was concurred in, 2/3 of the members serving voting therefor.

The Senate agreed to the title of the bill.

The following bill was read a third time:

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.

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. 624 Yeas—26

Allen Cropsey Jansen Patterson

Barcia Garcia Jelinek Richardville

Birkholz George Kahn Sanborn

Bishop Gilbert Kuipers Stamas

Brown Hardiman McManus Thomas

Cassis Hunter Pappageorge Van Woerkom

Clarke Jacobs

Nays—10

Anderson Cherry Prusi Switalski

Basham Clark-Coleman Schauer Whitmer

Brater Olshove

Excused—2

Gleason Scott

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

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 Hunter as Chairperson.

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

Senate Bill No. 1286, entitled

A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending section 1 (MCL 41.801), as amended by 2002 PA 501.

Senate Bill No. 1345, entitled

A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 12 (MCL 78.12).

Senate Bill No. 1346, entitled

A bill to amend 1968 PA 191, entitled “An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation, and annexation; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 17 (MCL 123.1017).

Senate Bill No. 1347, entitled

A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 16 (MCL 117.16).

Senate Bill No. 1403, entitled

A bill to authorize the department of management and budget to convey certain state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget in implementing the conveyance; to provide for disposition of revenue derived from the conveyance; and to repeal acts and parts of acts.

Senate Bill No. 1443, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in various counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyances.

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 amendment, the following bill:

Senate Bill No. 1488, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 34 (MCL 169.234), as amended by 1999 PA 238.

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

1. Amend page 2, line 6, by striking out all of line 6 through “September 30.” on line 8 and inserting:

(i) JANUARY 25 WITH A CLOSING DATE OF DECEMBER 31 OF THE PREVIOUS YEAR.

(ii) APRIL 25 WITH A CLOSING DATE OF MARCH 31.

(iii) JULY 25 WITH A CLOSING DATE OF JUNE 30.

(iv) OCTOBER 25 WITH A CLOSING DATE OF SEPTEMBER 30.”.

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

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

Senate Bill No. 1244, entitled

A bill to amend 2000 PA 322, entitled “Julian-Stille value-added act,” by amending the title and sections 1, 2, 2a, and 3 (MCL 285.301, 285.302, 285.302a, and 285.303), the title and section 2 as amended by 2006 PA 423 and section 2a as added by 2006 PA 424; and to repeal acts and parts of acts.

Substitute (S-1).

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

1. Amend page 13, following line 16, by inserting:

“Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1497 of the 94th Legislature is enacted into law.”.

The Senate agreed to the substitute, as amended, 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. 1497, entitled

A bill to create certain agriculture innovation loan programs; to create certain boards and authorities and define their powers and duties; to authorize the making of loan guarantees by certain private entities; to enhance value-added agricultural processing, commercialization of agriculture technologies, processes, or products, and farming operations within this state; to provide for certain powers and duties for certain private entities, state agencies, commissions, and departments; to authorize loan guarantees and expenditures from the funds; to finance the development of value-added agricultural processing, commercialization of agriculture technologies, processes, or products, and farming operations within this state; to provide for the issuance and purchase of notes and bonds; to provide for the establishment of funds; and to prescribe penalties and remedies.

Substitute (S-1).

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

1. Amend page 25, following line 13, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1244 of the 94th Legislature is enacted into law.”.

The Senate agreed to the substitute, as amended, 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. 1299, entitled

A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 15 (MCL 169.215), as amended by 2001 PA 250.

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. 1526, entitled

A bill to amend 1982 PA 204, entitled “Deaf persons’ interpreters act,” (MCL 393.501 to 393.509) by adding section 8f.

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. 1539, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 473a.

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. 897, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 173.

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. 898, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding sections 17309, 17311, 17313, 17315, 17317, and 17319.

Substitute (S-4).

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. 1015, entitled

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

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. 1540, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 513 (MCL 208.1513).

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. 1541, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 10 (MCL 207.810), as amended by 2006 PA 283.

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. 1534, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2080 (MCL 500.2080), as amended by 1986 PA 318.

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. 677, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21503, 21506, and 21550 (MCL 324.21503, 324.21506, and 324.21550), section 21503 as amended by 2006 PA 318 and sections 21506 and 21550 as amended by 2004 PA 390.

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. 1281, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2007 PA 116.

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. 1433, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding sections 89d and 89e.

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.

Resolutions

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

Senate Concurrent Resolution No. 22

Senate Resolution No. 181

The motion prevailed.

Senator Bishop offered the following resolution:

Senate Resolution No. 227.

A resolution to amend the Standing Rules of the Senate.

Resolved by the Senate, That Rule 2.103 is hereby amended to read as follows:

“2.103 STANDING COMMITTEES

The standing committees of the Senate shall be:

Agriculture (5 members)

Appropriations (18 members)

Banking and Financial Institutions (7 members)

Campaign and Election Oversight ( 4 members)

Commerce and Tourism (5 members)

Economic Development and Regulatory Reform (7 members)

Education (5 members)

Energy Policy and Public Utilities (8 members)

Families and Human Services (3 members)

Finance (7 members)

Government Operations and Reform (6 members)

Health Policy (7 members)

Homeland Security and Emerging Technologies (7 members)

Hunting, Fishing and Outdoor Recreation (5 members)

Judiciary (6 7 members)

Local, Urban and State Affairs (5 members)

Natural Resources and Environmental Affairs (5 members)

Senior Citizens and Veterans Affairs (5 members)

Transportation (5 members)

Statutory standing committees:

Administrative Rules (5 members) (see MCL 24.235)

Legislative Council (6 members and 3 alternates) (see MCL 4.1103)

Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026)

Michigan Capitol Committee (4 members) (see MCL 4.1701).”

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

Senator Cropsey moved that the rule be suspended.

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

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

Senator Van Woerkom offered the following concurrent resolution:

Senate Concurrent Resolution No. 33.

A concurrent resolution to authorize construction and establish the total project cost of the Student Services One-Stop Center project at Muskegon Community College.

Whereas, The Muskegon Community College Student Services One-Stop Center project was approved by the Joint Capital Outlay Subcommittee as a self-financed project on September 6, 2007; and

Whereas, Muskegon Community College commenced construction on a portion of the Student Services One-Stop Center project in April 2008; and

Whereas, The Muskegon Community College Student Services One-Stop Center project was authorized for planning as a state project in 2008 PA 278; and

Whereas, Pursuant to section 246 of 1984 PA 431, as amended, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the Legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That the Michigan Legislature recognizes the need to authorize construction and establish the total authorized cost to construct the Muskegon Community College Student Services One-Stop Center project at amount not to exceed $5,000,000 (State Building Authority share $2,499,900; State General Fund/General Purpose share $100; Muskegon Community College share $2,500,000); that the respective financing shares may be adjusted based upon the State Building Authority’s ability to finance the state share up to an amount not to exceed $2,499,900; and that the Legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

Resolved, That a copy of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, the State Building Authority, and Muskegon Community College.

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

Senator Cropsey moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Cropsey moved that the concurrent resolution be referred to the Committee on Appropriations.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

Statements

Senators Schauer, Brater, Prusi, Clark-Coleman, Kahn and Allen 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:

It’s hard to keep a secret around here, but I wanted to make sure that everyone knew that it is my pleasure to announce on behalf of the members of the Senate Democratic Caucus that when I move on in January, State Senator Mike Prusi from the Upper Peninsula will be our next leader. I know that he will do a great job and has the full support of our caucus. He and Floor Leader Buzz Thomas will be a force to be reckoned with, my friends. I just wanted to take this moment to congratulate Mike on his new role, and I ask all of you to work closely with him in the transition.

Senator Brater’s statement is as follows:

I also want to congratulate Mike Prusi as being elected our Democratic Leader. I also want to say congratulations to Mark Schauer, officially, for being elected to the United States Congress. There was so much activity last week and I don’t think we officially got any remarks printed yet about this. I just want to say, I’m sure on behalf of all of my colleagues, how much we have enjoyed working with him in the State Legislature.

I know, Mark, that you are not going away; that you are only going 500 miles southeast to help us. We are at a very grave time facing the economy in the state of Michigan and the nation as a whole. You are going to face some real challenges as you go to Washington. We know that you are up for that job. We know that you are passionate about representing the citizens of your district and that you will not forget any of the people of the state of Michigan when you go to Washington.

I just want to congratulate you and wish you well in your next assignment.

Senator Prusi’s statement is as follows:

I didn’t notice that we had moved to Statements, or I would have been the first one up to congratulate my predecessor Senator, now Congressman-elect, Schauer, and thank him for all the work he has done for this caucus in his six years of service here in the State Senate. He is going to be difficult to replace and a hard act to follow.

I just want to thank all of the members of the Democratic Caucus who put up with our contest here over the last week and a half, but I also want to reassure and assure everyone in the chamber that the most pressing item on my agenda is that we need to look out for what is going on here in the state of Michigan. I would offer up my promise that we are elected here to serve the people of the state of Michigan and that is my intent. I would hope that we can find common ground on all of the issues that confront the people of the state of Michigan, and find a way that we can help solve those problems and do the job that we were elected to do.

Congratulations, Mark. I really wish you the best in Washington. You probably have bigger problems confronting you there than we do here in Michigan. I look forward to working with everybody in this chamber, staff and Senators alike, over the next two years to solve, as much as we can, the problems that confront this state.

Senator Clark-Coleman’s statement is as follows:

First of all, I would like to congratulate our new Congressman, Mark Schauer, as well as our new leader, Mike Prusi. I know that both of them will do a wonderful job.

I am standing here, because Martha Scott cannot be here right now, to say that we need to get serious about insurance reform and make sure that all people are treated alike. So on behalf of our Senator Martha G. Scott, move her bills

Senator Kahn’s statement is as follows:

I rise today because I received an e-mail I found pretty disturbing, and I wanted to share it with the chamber, with our colleagues. Today, Wednesday, in Minnesota a man by the name of Ray Sandford was escorted from his home for a forced electroshock therapy; forced application of electricity to his brain with all of the scary implications thereof. This occurs each and every Wednesday as staff from the local hospital shows up; takes him from where he lives, Victory House in Columbia Heights, Minnesota, to Mercy Hospital where he is theoretically treated.

The reason to bring this all up is that it is against his will, and it has been going on for months. The contrast between somebody being able to live in an outpatient environment and then forced to undergo electroshock is just so stark that I felt it needs to be addressed.

In the e-mail that I received, he states that he absolutely opposes having the procedure. But since he is poor and without resources, lives where he lives, he feels that he doesn’t have the resources to run away.

The United Nations, through the World Health Organization, has put in writing their feeling, the feeling of most civilized nations in the world, that involuntary electroshock is just outright wrong. There is an organization here in the United States called Mind Freedom, and they became aware of this and they found that this was the first time that they have ever seen somebody who is deemed well enough to live in a community, but not well enough to be able to refuse this destructive therapy.

In fact, his medical therapy, if it is to be called that, is delivered at the hands of a court-appointed conservator by the name of Tonya Wilhelm. In speaking with her, she says, “That’s the law.” Ray doesn’t have the legal power to appeal to a higher court. Ms. Wilhelm, when she was told by the Mind Freedom folks that this was just wrong to be able to do something of this nature, she claimed that she even had a legal right to stop Mind Freedom from sending me the e-mail that generated this particular speech on the floor today.

Years ago, Aldous Huxley wrote a book called Brave New World. If this is our brave new world, where the ministry of truth has also the ability to destroy your mind on an involuntary basis, and yet, at the same time says, “Hey, you can live out in the community while we are doing it,” that speaks of a society that none of us would endorse.

So Ms. Wilhelm, who feels that we don’t have the right to speak about this and only she has the legal permission to say anything at all about this therapy, I reject that. I would urge all who are similarly inclined to find out more about this, or to oppose it, to send a message to Minnesota Governor Tim Pawlenty. This is enough bad medicine, bad policy, and invasion of what few rights this poor man has.

Senator Allen’s statement is as follows:

I’d like to take a few minutes to bring to the attention to my colleagues efforts that resulted from a wonderful program at the Pugsley Correctional Facility located near Kingsley in Grand Traverse County. With the collaboration between several community organizations, Warden Thomas Phillips, and the Department of Corrections staff, the Pugsley Gardens program was implemented this past year. I want to thank the gentleman from the 33rd District for his helped in getting this through the Corrections budget. I also wanted to inform you on this collaborative basis that over 18,000 pounds of produce were grown and donated to local charities and food pantries in the Traverse City area. Groups such as the Father Fred Foundation, Salvation Army, Goodwill Inn, Benzie Area Christian Neighbors, and many more benefited from this project.

Programs like this one at Camp Pugsley need to be encouraged to help in the challenges that our state will be facing in the next months. The combination of donations from local groups and the sweat equity of the inmates led to a truly remarkable outcome, surely impacting countless lives.

The Pugsley Gardens gave needy families in my area a bountiful harvest of fresh produce, something that can too often be forgotten about in this very challenging time. This program demonstrated the productive results that can come from community collaboration. The novel approach in the community outreach should be replicated throughout our state, and I would encourage each of our Senate colleagues to take a look at their prisons to find out within their communities where these types of gardens could be produced. This voluntary program has impacted thousands of citizens in Northern Michigan.

We congratulate the Pugsley Correctional Facility staff and the community organizations that collaborated on the Pugsley Gardens. The program has truly been a successful pilot season. May the harvest yield bounty in the next year as well.

By unanimous consent the Senate returned to the order of

Introduction and Referral of Bills

Senator Cropsey introduced

Senate Bill No. 1623, entitled

A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 207 (MCL 550.1207), as amended by 2003 PA 59.

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

Senator Sanborn introduced

Senate Bill No. 1624, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 603 (MCL 436.1603), as amended 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.

Senators Richardville and Sanborn introduced

Senate Bill No. 1625, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 465.

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

Senators Sanborn and Richardville introduced

Senate Bill No. 1626, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 279.

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

Senators Sanborn and Richardville introduced

Senate Bill No. 1627, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 476a (MCL 500.476a), as amended by 2007 PA 187.

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

Senators Richardville and Sanborn introduced

Senate Bill No. 1628, entitled

A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” (MCL 205.1 to 205.31) by adding section 18a.

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

Senators Hardiman, Jansen, Jacobs, Kuipers, Scott, Birkholz, Kahn and Patterson introduced

Senate Bill No. 1629, entitled

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

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

Senators Allen, Clark-Coleman and Clarke introduced

Senate Bill No. 1630, entitled

A bill to create and provide for the incorporation of certain regional convention facility authorities; to provide for the membership of the authorities; to provide for the powers and duties of the authorities; to provide for the conveyance of ownership of and operational jurisdiction over certain convention facilities to authorities and to provide for the transfer of certain real and personal property utilized as convention facilities to authorities; to provide for the assumption of certain contracts, bonds, notes, and other evidences of indebtedness and liabilities related to convention facilities by authorities; to authorize the creation of certain funds; to authorize expenditures from the funds; to finance the acquisition of land and the development of certain convention facilities and of public improvements or related facilities; to authorize the establishment of certain sales-tax-free zones; to provide for the issuance of bonds and notes; to authorize certain investments; to provide for the transfer of public employees to the employment of authorities; to provide for the allocation of liabilities related to employee benefits; to protect certain rights of local government employees; and to impose certain powers and duties upon state and local departments, agencies, and officers.

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

Senators Gilbert and Clark-Coleman introduced

Senate Bill No. 1631, entitled

A bill to amend 1985 PA 106, entitled “State convention facility development act,” by amending sections 9 and 20 (MCL 207.629 and 207.640), section 9 as amended by 2007 PA 72.

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

Senators Hunter and Clark-Coleman introduced

Senate Bill No. 1632, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1207 (MCL 436.2207).

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

Senators Thomas and Clark-Coleman introduced

Senate Bill No. 1633, entitled

A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending sections 3 and 5 (MCL 141.473 and 141.475), as amended by 1998 PA 529.

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

Senator Cropsey introduced

Senate Bill No. 1634, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

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

Senators Jansen and Hunter introduced

Senate Bill No. 1635, entitled

A bill to amend 2006 PA 513, entitled “Individual or family development account program act,” by amending sections 2, 3, and 4 (MCL 206.702, 206.703, and 206.704).

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

Senators Jansen and Hunter introduced

Senate Bill No. 1636, entitled

A bill to amend 2006 PA 513, entitled “Individual or family development account program act,” by amending sections 2, 3, 5, 7, 8, 9, and 10 (MCL 206.702, 206.703, 206.705, 206.707, 206.708, 206.709, and 206.710).

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

Senators Hunter and Jansen introduced

Senate Bill No. 1637, entitled

A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” by amending section 22 (MCL 125.1422), as amended by 2002 PA 385.

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

Senators Jansen and Switalski introduced

Senate Bill No. 1638, entitled

A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 4 and 108 (MCL 38.1304 and 38.1408), section 4 as amended by 2007 PA 15 and section 108 as amended by 2002 PA 94.

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

Senators Switalski and Jansen introduced

Senate Bill No. 1639, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 1d and 49 (MCL 38.1d and 38.49), section 1d as amended by 2002 PA 93 and section 49 as amended by 2004 PA 33.

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

Senators Switalski and Jansen introduced

Senate Bill No. 1640, entitled

A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending sections 3 and 14a (MCL 38.1603 and 38.1614a), section 3 as amended by 2004 PA 83 and section 14a as amended by 2004 PA 50.

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

Senators Jansen and Switalski introduced

Senate Bill No. 1641, entitled

A bill to amend 1957 PA 261, entitled “Michigan legislative retirement system act,” by amending sections 8a and 59a (MCL 38.1008a and 38.1059a), section 8a as amended by 2002 PA 97 and section 59a as amended by 2006 PA 614.

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

Senators Jansen and Switalski introduced

Senate Bill No. 1642, entitled

A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” by amending sections 105 and 604 (MCL 38.2105 and 38.2604), as amended by 2002 PA 95.

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

By unanimous consent the Senate returned to the order of

Motions and Communications

The Secretary announced that the Majority Leader has made the appointment of the following standing committee:

Judiciary - Senator Stamas as a member.

The standing committee appointment was approved, a majority of the members serving voting therefor.

Committee Reports

The Committee on Appropriations reported

Senate Bill No. 1403, entitled

A bill to authorize the department of management and budget to convey certain state owned property in Wayne county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget in implementing the conveyance; to provide for disposition of revenue derived from the conveyance; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No. 1443, entitled

A bill to authorize the state administrative board to convey certain parcels of state owned property in various counties; to prescribe conditions for the conveyances; to provide for certain powers and duties of certain state departments in regard to the property; and to provide for disposition of revenue derived from the conveyances.

With the recommendation that the bill pass.

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Bill No. 1485, 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.

With the recommendation that the bill pass.

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, November 5, 2008, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Jelinek (C), Pappageorge, Hardiman, Kahn, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Excused: Senator Cropsey

The Committee on Banking and Financial Institutions reported

Senate Bill No. 1534, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2080 (MCL 500.2080), as amended by 1986 PA 318.

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

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

Randy Richardville

Chairperson

To Report Out:

Yeas: Senators Richardville, Cassis, Stamas, Clarke and Olshove

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Banking and Financial Institutions submitted the following:

Meeting held on Thursday, November 6, 2008, at 9:00 a.m., Room 100, Farnum Building

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

Excused: Senators Sanborn and Hunter

The Committee on Appropriations reported

Senate Bill No. 677, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21503, 21506, and 21550 (MCL 324.21503, 324.21506, and 324.21550), section 21503 as amended by 2006 PA 318 and sections 21506 and 21550 as amended by 2004 PA 390.

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

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

Ron Jelinek

Chairperson

To Report Out:

Yeas: Senators Jelinek, Pappageorge, Hardiman, Kahn, Garcia, George, Jansen, Brown, McManus, Stamas, Switalski, Anderson, Barcia, Brater, Cherry, Clark-Coleman and Scott

Nays: None

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

The Committee on Judiciary reported

Senate Bill No. 1572, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 539l.

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

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

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5160, entitled

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

With the recommendation that the bill pass.

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

Wayne Kuipers

Chairperson

To Report Out:

Yeas: Senators Kuipers, Cropsey, Sanborn and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Judiciary reported

House Bill No. 5987, entitled

A bill to amend 1982 PA 325, entitled “An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide remedies for a county jail overcrowding state of emergency,” by amending section 6 (MCL 801.56), as amended by 1988 PA 399.

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

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

Wayne Kuipers

Chairperson

To Report Out:

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

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Wednesday, November 5, 2008, at 1:00 p.m., Room 210, Farnum Building

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

Excused: Senator Patterson

The Committee on Finance reported

Senate Bill No. 1281, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2007 PA 116.

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

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

Nancy Cassis

Chairperson

To Report Out:

Yeas: Senators Cassis, Gilbert, McManus, Jansen and Prusi

Nays: Senators Jacobs and Whitmer

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

COMMITTEE ATTENDANCE REPORT

The Committee on Finance submitted the following:

Meeting held on Thursday, November 6, 2008, at 11:07 a.m., Room 110, Farnum Building

Present: Senators Cassis (C), Gilbert, McManus, Jansen, Prusi, Jacobs and Whitmer

Scheduled Meetings

Agriculture - Thursday, November 13, 9:00 a.m., Room 110, Farnum Building (373-1635)

Appropriations -

Subcommittees -

Capital Outlay - Thursday, November 13, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-8080)

Environmental Quality Department - Thursday, November 13, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-2768)

Banking and Financial Institutions - Thursday, November 13, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-3543)

Commerce and Tourism - Thursday, November 13, 8:00 a.m., Room 100, Farnum Building (373-2413)

Energy Policy and Public Utilities - Thursday, November 13, 1:00 p.m., Room 210, Farnum Building (373-7350)

Families and Human Services - Thursday, November 13, 8:30 a.m., Room 210, Farnum Building (373-0797)

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)

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 1:07 p.m.

The President pro tempore, Senator Richardville, declared the Senate adjourned until Thursday, November 13, 2008, at 10:00 a.m.

CAROL MOREY VIVENTI

Secretary of the Senate

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