2256 JOURNAL OF THE SENATE [November 13, 2008] [No. 87

No. 87] [November 13, 2008] JOURNAL OF THE SENATE 2257

No. 87

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Thursday, November 13, 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—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—excused

Clark-Coleman—present Kuipers—present Van Woerkom—present

Clarke—present McManus—present Whitmer—present

Cropsey—present Olshove—present

Reverend Neil Cowling of Kirk of Our Savior Presbyterian Church of Westland offered the following invocation:

As we gather for another day, we thank You, O Holy God, for Your lovingkindness and patience. As we awoke this morning, we found that You were not angry with us, even though we are often lazy and full of sin. You have not destroyed us for the wrongs we have done. Rather, You have shown unchanging love for us. When we were bowed low in dark despair, You raised us up to sing our praises of Your glorious creation.

And now, O God, give light to the eye of our minds that we might see those across the aisle more clearly. Open our ears to listen attentively to our fellow Senators, especially those with whom we disagree. Open our mouths to speak kindness and mercy and wisdom, especially with those of whom we might disagree.

In these difficult times, holy God, do not abandon us when choices are confusing; when life seems unclear; when we cast about for something familiar, remain with us. When the state of our state seems hopeless, bear us up, be our strength, look upon us with tenderness, rescue us from that which threatens us, embrace us as Your own, and make us understanding of the poor and the poor in spirit. Make us companions of those who are alone and lonely and others who live in dark despair.

On behalf of those we serve in the common good, lend us Your light and Your truth. Bind us together, O God, until we are reunited with You. Amen.

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

Motions and Communications

Senator Anderson moved that Senator Barcia be temporarily excused from today’s session.

The motion prevailed.

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

The motion prevailed.

Senator Garcia entered the Senate Chamber.

The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, November 12:

House Bill Nos. 4054 4674 4948 5437 5677 5678 5679 5680 5778 6148 6401 6468 6476 6492

6493

The Secretary announced that the following official bills were printed on Wednesday, November 12, and are available at the legislative website:

Senate Bill Nos. 1635 1636 1637 1638 1639 1640 1641 1642

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. 1366

Senate Bill No. 1313

Senate Bill No. 1488

Senate Bill No. 1244

Senate Bill No. 1497

Senate Bill No. 1286

Senate Bill No. 1345

Senate Bill No. 1346

Senate Bill No. 1347

Senate Bill No. 1299

Senate Bill No. 1526

Senate Bill No. 1539

Senate Bill No. 897

Senate Bill No. 898

Senate Bill No. 1015

Senate Bill No. 1540

Senate Bill No. 1541

Senate Bill No. 1403

Senate Bill No. 1443

Senate Bill No. 1534

Senate Bill No. 677

Senate Bill No. 1281

Senate Bill No. 1433

The motion prevailed.

The following bill was read a third time:

Senate Bill No. 1366, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333 (MCL 333.7333), as amended by 2006 PA 451.

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. 625 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—0

Excused—3

Barcia Gleason Thomas

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. 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.

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. 626 Yeas—26

Allen Clarke Jansen Pappageorge

Anderson Cropsey Jelinek Richardville

Basham Garcia Kahn Sanborn

Birkholz George Kuipers Schauer

Bishop Gilbert McManus Stamas

Brown Hardiman Olshove Van Woerkom

Cassis Hunter

Nays—9

Brater Jacobs Prusi Switalski

Cherry Patterson Scott Whitmer

Clark-Coleman

Excused—3

Barcia Gleason Thomas

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Protest

Senator Jacobs, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1313 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Jacobs’ statement is as follows:

I rise today to oppose this bill before us which provides liens against commercial property for unpaid real estate brokers’ commissions and services. While I understand the intent of this bill, I think it is important to look at the arguments that were raised by the Real Property Law Section of the Michigan State Bar. Among them, this legislation interferes with basic property rights, makes brokers a special preferred class of persons, and provides an extraordinary remedy of a lien against real property. The bill could increase litigation and add substantial costs, delays, and disruptions to closing transactions.

This bill only addresses the needs of the brokers, but there are many other parties who may be entitled to payment at closing, such as appraisers, title companies, and property managers who would then be justified in coming to the Legislature and asking us if they could be given the same consideration as well. There also could be an effort to extend these rights to residential real estate.

Proponents have noted that others do have the protection of liens, notably through the Construction Lien Act, but the justification for protecting workers who create physical improvements to property does not apply to brokers. Brokers deal directly with owners, purchasers, landlords, and tenants and already have adequate legal remedies for the collection of their commission.

I urge my colleagues to oppose this bill.

The following bill was read a third time:

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 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. 627 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—0

Excused—3

Barcia Gleason Thomas

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. 1244, entitled

A bill to amend 2000 PA 322, entitled “Julian-Stille value-added act,” by amending the title and sections 2, 2a, and 3 (MCL 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.

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. 628 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—0

Excused—3

Barcia Gleason Thomas

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. 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.

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. 629 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—0

Excused—3

Barcia Gleason Thomas

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. 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.

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. 630 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—0

Excused—3

Barcia Gleason Thomas

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. 1345, entitled

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

The question being on the passage of the bill,

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

The motion prevailed.

The following bill was read a third time:

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).

The question being on the passage of the bill,

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

The motion prevailed.

The following bill was read a third time:

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).

The question being on the passage of the bill,

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

The motion prevailed.

Senator Barcia entered the Senate Chamber.

The following bill was read a third time:

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.

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. 631 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

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. 1526, entitled

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

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. 632 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

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. 1539, entitled

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

The question being on the passage of the bill,

Senator Jacobs offered the following amendments:

1. Amend page 3, line 15, after “SUFFICIENCY.” by inserting “AS PART OF THE CANVASS OF THE PETITION FOR SUFFICIENCY, THE BOARD OF STATE CANVASSERS SHALL DETERMINE WHETHER ANY OF THE SIGNATURES ON THE PETITION WERE KNOWINGLY OBTAINED THROUGH FRAUD, DECEIT, OR MISREPRESENTATION.”.

2. Amend page 3, following line 26, by inserting:

“Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 12 of the 94th Legislature is enacted into law.”.

The question being on the adoption of the amendments,

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

The motion did not prevail.

Cropsey requested the yeas and nays.

The yeas and nays were ordered, 1/5 of the members present voting therefor.

The motion prevailed, a majority of the members voting therefor, as follows:

Roll Call No. 633 Yeas—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Nays—15

Anderson Cherry Jacobs Scott

Barcia Clark-Coleman Olshove Switalski

Basham Clarke Prusi Whitmer

Brater Hunter Schauer

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: President

The following bill was read a third time:

Senate Bill No. 897, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11514 (MCL 324.11514), as amended by 2007 PA 212, and by adding part 173.

The question being on the passage of the bill,

Senator Garcia offered the following amendments:

1. Amend page 9, line 19, after “(6)” by inserting “UNTIL OCTOBER 1, 2015,”.

2. Amend page 10, following line 4, by inserting:

“(9) NOT LATER THAN OCTOBER 1, 2011 AND EVERY 2 YEARS AFTER THAT DATE, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE SECRETARY OF THE SENATE AND TO THE CLERK OF THE HOUSE OF REPRESENTATIVES THAT ASSESSES THE ADEQUACY OF THE FEES UNDER THIS SECTION AND ANY DEPARTMENTAL RECOMMENDATION TO MODIFY THOSE FEES.”.

The amendments were 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. 634 Yeas—32

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Schauer

Basham Cropsey Kahn Scott

Birkholz Garcia McManus Stamas

Bishop George Olshove Switalski

Brater Hardiman Pappageorge Van Woerkom

Brown Hunter Patterson Whitmer

Nays—4

Cassis Gilbert Kuipers Sanborn

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Protest

Senator Cassis, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 897 and moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.”

The motion prevailed.

Senator Cassis’ statement is as follows:

I stand before you to take a little bit of a different approach on this matter. Certainly, recycling is extremely important, and we realize the hazardous nature of some of the components that today we are trying to deal with. But I do have some questions. Why are we creating a new fund and a new bureaucracy within the Department of Environmental Quality? Especially, since we have no idea how much this program is actually going to cost.

I also have to add that, as you know, if it looks like a rose and smells like a rose, it’s a rose. In this case, if it looks like a fee and smells like a fee, it’s really a tax. As you know, these things are passed on to the consumer. I think there are much better ways of handling the issue. As a matter of fact, the private sector already has programs that exist to do exactly what you are trying to put in place in the Department of Environmental Quality. Dell, Hewlett Packard, Apple, Samsung, Cannon, Panasonic, Sony, and Garmon—the free market, my friends, is working here. Now we are going to tinker with it?

Why is the state getting involved when many of the leading consumer electronic manufacturers, as I have just mentioned, have already implemented recycling programs. I really have to scratch my head. It is extremely perplexing and tends to defy common sense why a company like Dell, without offering any explanation, would advocate in favor of setting up a government bureaucracy. Are we missing something?

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

The motion prevailed.

Senator Brater’s statement is as follows:

I want to express my appreciation to both the good Senators from the 22nd District and the 24th District for working with us on this bill. It is a good bill to try to divert electronics from our waste stream. Electronics do contain a number of toxins that we do want to keep out of our groundwater and out of the earth in the state of Michigan. It is an extremely good bill in terms of the idea of recycling electronics.

I do have some reservations about this bill. I know that there is funding in the bill for this specific program. The problem is, just to remind my colleagues, that the Department of Environmental Quality is severely underfunded, and the fee that supports the solid waste division is expiring this year. It needs to be not only renewed, but increased in order to cover the costs of running the solid waste program.

Although there is a fee in this bill to cover the cost of this new program, there is not ongoing guarantee of support for the division in which this program rests. In other words, it’s like saying we have the money here to renovate our kitchen, but we don’t have the house to put the kitchen in. That is what we are basically doing with this bill today.

I am going to support this bill today. I do thank all the members for the work that has gone into trying to arrange a compromise on it in terms of the funding. But I do ask my colleagues to keep in mind that in order to be consistent with voting for this bill today, we are going to have to find support for renewable and, indeed, increase the fees to support the division that is going to run this program.

The following bill was read a third time:

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 17317, 17319, 17323, 17327, and 17329.

The question being on the passage of the bill,

Senator Birkholz offered the following amendments:

1. Amend page 2, line 10, after “(4)” by inserting “UNTIL OCTOBER 1, 2015,”.

2. Amend page 2, following line 13, by inserting:

“(6) NOT LATER THAN OCTOBER 1, 2011 AND EVERY 2 YEARS AFTER THAT DATE, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE SECRETARY OF THE SENATE AND TO THE CLERK OF THE HOUSE OF REPRESENTATIVES THAT ASSESSES THE ADEQUACY OF THE FEES UNDER THIS SECTION AND ANY DEPARTMENTAL RECOMMENDATION TO MODIFY THOSE FEES.”.

The amendments were 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. 635 Yeas—32

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Schauer

Basham Cropsey Kahn Scott

Birkholz Garcia McManus Stamas

Bishop George Olshove Switalski

Brater Hardiman Pappageorge Van Woerkom

Brown Hunter Patterson Whitmer

Nays—4

Cassis Gilbert Kuipers Sanborn

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Birkholz’s statement is as follows:

My bill in this two-bill package, Senate Bill No. 898, is a bill that will help establish a manufacturer-driven—I want to emphasize that—manufacturer-driven program to provide for the recycling of certain consumer computer electronic products. This is a take-back program, and it was actually brought to us by these leading manufacturers. It was brought to us, the Michigan Senate, and asked would we do this, by people like Hewlett Packard, Dell, Apple, and other leading manufacturers of consumer electronic equipment. They asked for a partnership, a public-private partnership, with government because they do not want what we all know can be very contaminated items to go into landfills or to be thrown by the wayside of roads or other places throughout the state of Michigan.

This is a public-private partnership, and it was driven by the manufacturing community. Members have letters from some of those large manufacturers on their desks. The bill that I have that is before you now requires the registration of recyclers of the covered electronic devices. It will require the department to enforce these rules, and it sets up a violation procedure so that it can be monitored. Any of you who saw “60 Minutes” Sunday night, we can make sure that none of this stuff will end up in foreign countries with little children taking out contaminated items from computers.

I would urge the adoption of this bill. The amendment before us sunsets the fees paid by the recyclers in 2015, so that the Legislature can go back and review the success of the program. It does implement a two-year incremental review of the adequacy of the fees.

Again, I would encourage the adoption of the amendment and the adoption of the bill to establish a public-private partnership to keep contaminated items out of the hands of especially children, but anyone so they are not exposed to those.

The following bill was read a third time:

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.

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. 636 Yeas—21

Allen Garcia Jelinek Patterson

Birkholz George Kahn Richardville

Bishop Gilbert Kuipers Sanborn

Brown Hardiman McManus Stamas

Cassis Jansen Pappageorge Van Woerkom

Cropsey

Nays—15

Anderson Cherry Jacobs Scott

Barcia Clark-Coleman Olshove Switalski

Basham Clarke Prusi Whitmer

Brater Hunter Schauer

Excused—2

Gleason Thomas

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. 1540, entitled

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

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. 637 Yeas—32

Allen Clarke Jansen Prusi

Anderson Cropsey Jelinek Richardville

Barcia Garcia Kahn Sanborn

Birkholz George Kuipers Schauer

Bishop Gilbert McManus Stamas

Brown Hardiman Olshove Switalski

Cassis Hunter Pappageorge Van Woerkom

Cherry Jacobs Patterson Whitmer

Nays—4

Basham Brater Clark-Coleman Scott

Excused—2

Gleason Thomas

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. 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.

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. 638 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

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. 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.

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. 639 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

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. 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 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. 640 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

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. 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.

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. 641 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

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. 677, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21556 and 21559 (MCL 324.21556 and 324.21559), section 21556 as added by 2006 PA 321 and section 21559 as added by 2006 PA 322.

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. 642 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Garcia’s statement is as follows:

I just wanted to thank the department for their help with this bill, which I sincerely mean. There was an issue in the industry. They came to us with this problem, and we were able to work with the department. They were very helpful, and I just wanted to pass along my appreciation.

The following bill was read a third time:

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 2008 PA 285.

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. 643 Yeas—27

Allen Cropsey Jelinek Prusi

Barcia Garcia Kahn Richardville

Basham George Kuipers Sanborn

Birkholz Gilbert McManus Schauer

Bishop Hardiman Olshove Stamas

Brown Jacobs Pappageorge Van Woerkom

Cassis Jansen Patterson

Nays—9

Anderson Clark-Coleman Hunter Switalski

Brater Clarke Scott Whitmer

Cherry

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

Protest

Senator Whitmer, under her constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1281.

Senator Whitmer’s statement is as follows:

We are moving along so quickly today that I didn’t get an opportunity at the discussion, but I wanted people to understand why I voted “no” on that bill. I can appreciate the plight of the sponsor’s district. People who represent areas that border other states are concerned about having the economic tools to lure businesses to stay within their borders. In fact, I would like for us, in an ideal situation, to give every community in all 83 counties the economic tools to be competitive and to lure businesses here to the state of Michigan.

While the bill highlighted the problem, I have remaining concerns that the unintended consequences and the potential adverse impact on all the other counties—the 72 other counties in the state of Michigan—was part of why I decided to voted “no.”

I would encourage the sponsor to work with the Michigan Municipal League as this bill goes over to the House, and I am hopeful that there will be a bill that gives all communities the economic tools to be competitive—a bill that I can lend my name to as well in the future.

The following bill was read a third time:

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 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. 644 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: President

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

Motions and Communications

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. 1596

Senate Bill No. 1620

Senate Bill No. 1621

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

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 Jacobs 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. 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.

Senate Bill No. 1276, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 38.

Senate Bill No. 1523, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 433 (MCL 208.1433), as amended by 2007 PA 215.

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 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:

House Bill No. 4847, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 1990 PA 168.

Substitute (S-3).

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

1. Amend page 2, following line 8, by inserting:

“(4) EXCEPT AS PROVIDED UNDER SUBSECTION (2), FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2009, OF THE REVENUE FROM THE INCREASES IN FEES PROVIDED BY 1987 PA 232, $6,000,000.00 SHALL BE DEPOSITED IN THE STATE TREASURY AND CREDITED TO THE GENERAL FUND.”.

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. 1467, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2008 PA 162.

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. 1489, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82103, 82105, and 82106 (MCL 324.82103, 324.82105, and 324.82106), section 82103 as added by 1995 PA 58, section 82105 as amended by 2008 PA 145, and section 82106 as amended by 2004 PA 587.

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. 1490, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82118 (MCL 324.82118), as amended by 2004 PA 587, and by adding section 82110a.

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. 1572, entitled

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

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. 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.

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. 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.

Substitute (S-1).

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

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

House Bill No. 4847

Senate Bill No. 1485

Senate Bill No. 1276

Senate Bill No. 1523

Senate Bill No. 1467

Senate Bill No. 1489

Senate Bill No. 1490

Senate Bill No. 1572

Senate Bill No. 1596

Senate Bill No. 1620

Senate Bill No. 1621

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

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

Senate Bill No. 1345

Senate Bill No. 1346

Senate Bill No. 1347

House Bill No. 4847

Senate Bill No. 1485

Senate Bill No. 1276

Senate Bill No. 1523

Senate Bill No. 1467

Senate Bill No. 1489

Senate Bill No. 1490

Senate Bill No. 1572

Senate Bill No. 1596

Senate Bill No. 1620

Senate Bill No. 1621

The motion prevailed.

The following bill was announced:

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).

(This bill was read a third time earlier today and consideration postponed. See p. 2199.)

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. 645 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was announced:

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).

(This bill was read a third time earlier today and consideration postponed. See p. 2200.)

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. 646 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was announced:

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).

(This bill was read a third time earlier today and consideration postponed. See p. 2200.)

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. 647 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No. 4847, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2008 PA 7.

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. 648 Yeas—22

Allen Brown Jacobs Prusi

Barcia Clarke Jelinek Scott

Basham Cropsey McManus Stamas

Birkholz Garcia Olshove Switalski

Bishop George Pappageorge Van Woerkom

Brater Hardiman

Nays—14

Anderson Gilbert Kuipers Sanborn

Cassis Hunter Patterson Schauer

Cherry Jansen Richardville Whitmer

Clark-Coleman Kahn

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

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.

Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:

“An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”.

The Senate agreed to the full title.

The following bill was read a third time:

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.

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. 649 Yeas—33

Allen Cherry Jacobs Patterson

Anderson Clark-Coleman Jansen Prusi

Barcia Clarke Jelinek Richardville

Basham Cropsey Kahn Scott

Birkholz Garcia Kuipers Stamas

Bishop George McManus Switalski

Brater Hardiman Olshove Van Woerkom

Brown Hunter Pappageorge Whitmer

Cassis

Nays—3

Gilbert Sanborn Schauer

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1276, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 38.

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. 650 Yeas—20

Allen Cassis Hardiman Pappageorge

Barcia Cropsey Jansen Richardville

Birkholz Garcia Jelinek Sanborn

Bishop George Kahn Stamas

Brown Gilbert McManus Van Woerkom

Nays—16

Anderson Clark-Coleman Kuipers Schauer

Basham Clarke Olshove Scott

Brater Hunter Patterson Switalski

Cherry Jacobs Prusi Whitmer

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1523, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 433 (MCL 208.1433), as amended by 2007 PA 215.

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. 651 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1467, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2008 PA 162.

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. 652 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1489, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 82105, 82106, and 82126 (MCL 324.82105, 324.82106, and 324.82126), section 82105 as amended by 2008 PA 145, section 82106 as amended by 2004 PA 587, and section 82126 as amended by 2008 PA 27.

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. 653 Yeas—35

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 Hardiman Pappageorge Van Woerkom

Brown Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—1

Cassis

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1490, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82118 (MCL 324.82118), as amended by 2004 PA 587, and by adding section 82110a.

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. 654 Yeas—35

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 Hardiman Pappageorge Van Woerkom

Brown Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—1

Cassis

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

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.

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. 655 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

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 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. 656 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

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 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. 657 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

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 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. 658 Yeas—36

Allen Cherry Jacobs Prusi

Anderson Clark-Coleman Jansen Richardville

Barcia Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Nays—0

Excused—2

Gleason Thomas

Not Voting—0

In The Chair: Richardville

The Senate agreed to the title of the bill.

By unanimous consent the Senate returned to the order of

Motions and Communications

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:

House Bill No. 6414

Senate Bill No. 1557

Senate Bill No. 1578

Senate Bill No. 1579

Senate Bill No. 1580

Senate Bill No. 1581

Senate Bill No. 1582

Senate Bill No. 1584

Senate Bill No. 1597

Senate Bill No. 1571

Senate Bill No. 1388

Senate Bill No. 1389

Senate Bill No. 1413

Senate Bill No. 1549

Senate Bill No. 1576

Senate Bill No. 1577

Senate Bill No. 1616

Senate Bill No. 1617

Senate Bill No. 1618

Senate Bill No. 1264

Senate Bill No. 1402

Senate Bill No. 1063

Senate Bill No. 1489

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

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

Senate Resolution No. 212

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

Senator Cropsey moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Representatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor.

The motion prevailed.

The following communication was received and read:

Office of the Senate Majority Leader

November 13, 2008

Pursuant to Public Act 247 of 2008, Section 705(2)(b), I am appointing the following individuals to the workgroup on the leaking underground storage tank program:

Mr. Mark Griffin, 40 Loch Circle, Grand Ledge, Michigan 48837, county of Eaton, representing an independent petroleum wholesale distributor-marketer trade association.

Mr. John Griffin, 1221 Hampton, Jackson, Michigan 49203, county of Jackson, representing a petroleum refiner-supplier trade association.

Mr. Edward Weglarz, 34665 Grove Drive, Livonia, Michigan 48154, county of Wayne, representing a service station dealer’s trade association.

Please contact Bill Sullivan in my office if you have any questions.

Sincerely,

Michael D. Bishop

Senate Majority Leader

The communication was referred to the Secretary for record.

By unanimous consent the Senate returned to the order of

General Orders

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

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

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

Senate Bill No. 1557, entitled

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

Senate Bill No. 1578, entitled

A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 34b (MCL 400.734b), as amended by 2008 PA 135.

Senate Bill No. 1579, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as amended by 2008 PA 123.

Senate Bill No. 1580, entitled

A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 134a (MCL 330.1134a), as added by 2006 PA 27.

Senate Bill No. 1581, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 82147 (MCL 324.82147), as amended by 2001 PA 148.

Senate Bill No. 1582, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2002 PA 120.

Senate Bill No. 1264, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 409 (MCL 208.1409), as amended by 2007 PA 145.

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. 1063, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3112a (MCL 324.3112a), as amended by 2004 PA 72.

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. 1498, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81133 (MCL 324.81133), as amended by 1998 PA 86.

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 amendment, the following bill:

House Bill No. 6414, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 642 (MCL 257.642) and by adding sections 20b and 20c.

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

1. Amend page 3, line 8, by striking out all of subdivision (A) and inserting:

“(A) AUTHORIZED EMERGENCY VEHICLES.”.

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. 1402, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 277.

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

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

Senate Bill No. 1063

Senate Bill No. 1498

Senate Bill No. 1557

Senate Bill No. 1578

Senate Bill No. 1579

Senate Bill No. 1580

House Bill No. 6414

Senate Bill No. 1581

Senate Bill No. 1582

Senate Bill No. 1264

Senate Bill No. 1402

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

The following bill was read a third time:

Senate Bill No. 1063, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3112a (MCL 324.3112a), as amended by 2004 PA 72.

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. 659 Yeas—34

Allen Clark-Coleman Jansen Prusi

Anderson Clarke Jelinek Richardville

Basham Cropsey Kahn Sanborn

Birkholz Garcia Kuipers Schauer

Bishop George McManus Stamas

Brater Gilbert Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry Jacobs

Nays—0

Excused—2

Gleason Thomas

Not Voting—2

Barcia Scott

In The Chair: Richardville

The Senate agreed to the title of the bill.

The following bill was read a third time:

Senate Bill No. 1498, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 81133 (MCL 324.81133), as amended by 2008 PA 240.

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. 660 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Basham Cropsey Kahn Schauer

Birkholz Garcia Kuipers Scott

Bishop George McManus Stamas