No. 93] [December 18, 2008] JOURNAL OF THE SENATE 2575

2574 JOURNAL OF THE SENATE [December 18, 2008] [No. 93

No. 93

STATE OF MICHIGAN

Journal of the Senate

94th Legislature

REGULAR SESSION OF 2008

Senate Chamber, Lansing, Thursday, December 18, 2008.

10:00 a.m.

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

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

Allen—present Garcia—present Pappageorge—present

Anderson—present George—present Patterson—present

Barcia—present Gilbert—present Prusi—present

Basham—present Gleason—present Richardville—present

Birkholz—present Hardiman—present Sanborn—present

Bishop—present Hunter—present Schauer—present

Brater—present Jacobs—present Scott—present

Brown—present Jansen—present Stamas—present

Cassis—present Jelinek—present Switalski—present

Cherry—present Kahn—present Thomas—present

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

Clarke—present McManus—present Whitmer—present

Cropsey—present Olshove—present

Senator Patricia L. Birkholz of the 24th District offered the following invocation:

Good morning, Gracious God. Your blessings rain down on us like soft flakes of snow that have fallen on us on these blustery days, and yet, we are amazed. We thank You for the rich blessings of colleagues who care about our citizens enough to come together, discuss, and sometimes even argue for them each and every day. We thank You for the rich blessings of staff who benefit all those we serve. Thank You for the rich blessings of this democratic form of government that we can be a country of dreams.

As we meet today, please, Lord, keep us mindful of those who are suffering, those who are hurting, and those who need our actions and our prayers. Let us not lose sight of the blessings we have been given with Your guidance, and let us not forget with those blessings we do have building blocks to help our state.

We ask for Your direction and guidance as we strive to do what is best for the people of the state of Michigan—all of the people of the state of Michigan. Amen.

The President pro tempore, Senator Richardville, 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 10:05 a.m.

11:54 a.m.

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

During the recess, Senators Gilbert, Thomas, Garcia Sanborn, Kuipers, Patterson, Allen, Kahn, Bishop, Van Woerkom, Pappageorge, Brown, Hardiman, George, Cassis, Jansen, Jelinek and McManus entered the Senate Chamber.

A quorum of the Senate was present.

Motions and Communications

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 11:

House Bill Nos. 6749 6750

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

House Bill Nos. 4017 4141 4577 5345 6007 6025 6026 6193 6194 6610 6643 6752

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

Enrolled Senate Bill No. 1552 at 1:40 p.m.

Enrolled Senate Bill No. 1554 at 1:42 p.m.

Enrolled Senate Bill No. 1553 at 1:44 p.m.

Enrolled Senate Bill No. 1555 at 1:46 p.m.

Enrolled Senate Bill No. 927 at 1:48 p.m.

Enrolled Senate Bill No. 1160 at 1:50 p.m.

Enrolled Senate Bill No. 1342 at 1:52 p.m.

Enrolled Senate Bill No. 1398 at 1:54 p.m.

Enrolled Senate Bill No. 1403 at 1:56 p.m.

Enrolled Senate Bill No. 1443 at 1:58 p.m.

Enrolled Senate Bill No. 1485 at 2:00 p.m.

Enrolled Senate Bill No. 1498 at 2:02 p.m.

Enrolled Senate Bill No. 1640 at 2:04 p.m.

Enrolled Senate Bill No. 1195 at 2:06 p.m.

Enrolled Senate Bill No. 1467 at 2:08 p.m.

The Secretary announced that the following official bill was printed on Thursday, December 11, and is available at the legislative website:

Senate Bill No. 1673

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Jacobs introduced

Senate Bill No. 1674, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7457 (MCL 333.7457), as amended by 2006 PA 458, and by adding section 7458.

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

House Bill No. 4017, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 653b.

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

The bill was read a first and second time by title.

Senator Cropsey moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders.

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

House Bill No. 4141, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299.

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

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

House Bill No. 4179, entitled

A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2006 PA 253.

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

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

House Bill No. 4577, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2008 PA 7.

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

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

House Bill No. 5192, entitled

A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 3f; and to repeal acts and parts of acts.

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

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

House Bill No. 5345, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2009; and to provide for the expenditure of the appropriations.

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

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

House Bill No. 6007, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 50b (MCL 750.50b), as amended by 1996 PA 80.

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

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

House Bill No. 6025, entitled

A bill to establish the united way fund in the department of treasury; to establish the children’s hospital of Michigan fund in the department of community health; to provide for the distribution of the money from those funds; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

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

House Bill No. 6026, 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 House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 6193, entitled

A bill to establish the children’s miracle network and children’s hospital of Michigan fund in the department of community health; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

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

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

House Bill No. 6194, 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 House of Representatives has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 6420, entitled

A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 8 (MCL 125.2788), as amended by 2006 PA 667.

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

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

House Bill No. 6463, entitled

A bill to regulate the use of ropes, chains, wires, or similar devices in blocking access to land; and to provide for penalties.

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

The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.

House Bill No. 6610, entitled

A bill to enter into the interstate compact to elect the president by national popular vote; and for related purposes.

The House of Representatives has passed the bill.

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

House Bill No. 6643, entitled

A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as added by 2007 PA 95.

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

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

House Bill No. 6749, entitled

A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 4, 6, 8, 14, and 152 (MCL 207.1002, 207.1004, 207.1006, 207.1008, 207.1014, and 207.1152), section 2 as amended by 2002 PA 668, section 4 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268; and to repeal acts and parts of acts.

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

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

House Bill No. 6750, entitled

A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending section 2 (MCL 207.212), as amended by 2006 PA 346.

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

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

House Bill No. 6752, entitled

A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10 and 10c (MCL 247.660 and 247.660c), section 10 as amended by 2007 PA 210 and section 10c as amended by 2005 PA 45.

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

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

By unanimous consent the Senate returned to the order of

Motions and Communications

Senator Cropsey moved that the Committee on Economic Development and Regulatory Reform be discharged from further consideration of the following bill:

House Bill No. 6036, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2926a (MCL 600.2926a).

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

Senator Cropsey moved that the Committee on Agriculture be discharged from further consideration of the following bill:

House Bill No. 5862, entitled

A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2004 PA 173.

The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders.

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

House Bill No. 6036

House Bill No. 5862

House Bill No. 4017

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:

Date: December 8, 2008

Time: 5:00 p.m.

To the President of the Senate:

Sir—I have this day approved and signed

Enrolled Senate Bill No. 1461 (Public Act No. 303), being

An act to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1 (MCL 247.651).

(Filed with the Secretary of State on December 9, 2008, at 9:49 a.m.)

Respectfully,

Jennifer M. Granholm

Governor

The following message from the Governor was received on December 10, 2008, and read:

EXECUTIVE ORDER

No. 2008-21

Implementation of Expenditure Reductions Under

Section 20 of Article V of the Michigan Constitution of 1963

WHEREAS, under Section 20 of Article V of the Michigan Constitution of 1963, the Governor, with the approval of the appropriating committees of the House of Representatives and the Senate, shall reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based, and the reductions shall be made in accordance with procedures prescribed by law;

WHEREAS, it appears that actual revenues for the fiscal period beginning on October 1, 2008 and ending on September 30, 2009, will fall below the revenue estimates on which appropriations for that period were based, the estimates having been determined by the Legislature as required under Section 31 of Article IV of the Michigan Constitution of 1963;

WHEREAS, pursuant to Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391, on the basis of written information from the State Budget Director and the State Treasurer, it appears that actual revenue will fall below such revenue estimates;

WHEREAS, there is an unanticipated loss of funding that the departments and agencies of state government do not expect to obtain or make up during the current fiscal year;

WHEREAS, expenditure reductions totaling $133,952,600.00 general fund-general purpose and $11,800,000.00 special purpose funds are necessary;

NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor under the Michigan Constitution of 1963 and Michigan law, and with the approval of a majority of members of each appropriations committee, order the following reductions in expenditures:

A. Portions of general fund-general purpose expenditures authorized by appropriations amounting to $133,952,600.00 contained in the following public acts are hereby reduced. Where the expenditure reductions of general fund-general purpose appropriations in this Order reduce the restricted portions of gross appropriations and sources of financing that will be earned, the amounts to be reduced shall be provided separately to the State Budget Director for approval and entry into the accounts.

Reduction

Public Act Department Amount

2008 PA 253 Agriculture $487,400

2008 PA 261 Attorney General 482,300

2008 PA 261 Civil Rights 186,300

2008 PA 246 Community Health 37,857,100

2008 PA 245 Corrections 26,404,000

2008 PA 212 Education 113,300

2008 PA 247 Environmental Quality 667,000

2008 PA 254 History, Arts, and Libraries 322,800

2008 PA 248 Human Services 63,261,000

2008 PA 251 Labor and Economic Growth 856,500

2008 PA 261 Management and Budget 1,026,300

2008 PA 214 Military and Veterans Affairs 632,300

2008 PA 252 Natural Resources 159,400

2008 PA 261 State 398,000

2008 PA 261 Treasury    1,098,900

TOTAL $133,952,600

B. The reduction totals for the departments in Section A include the following appropriation items or are predicated upon the following actions:

1. Department of Agriculture

Appropriation Item Reduction

Number Amount

01420 Rent and building occupancy charges 240,000

02205 Pesticide and plant pest management 100,000

03120 Environmental stewardship 100,000

03250 Technical assistance match  47,400

487,400

2. Department of Attorney General

Appropriation Item Reduction

Number Amount

01040 Attorney general operations 482,300

482,300

3. Department of Civil Rights

Appropriation Item Reduction

Number Amount

01000 Civil rights operations 156,300

02100 Information technology services and projects  30,000

186,300

4. Department of Community Health

Appropriation Item Reduction

Number Amount

01130 Mental health/substance abuse program administration 300,000

01191 Departmental administration and management 200,000

02965 Medicaid mental health services 299,200

04000 Center for forensic psychiatry 1,000,000

14230 Family, maternal, and children’s health services 158,000

 administration

14355 Medical care and treatment 9,086,100

16230 Laboratory services 150,000

18330 Health systems administration 300,000

33500 Hospital services and therapy 3,123,500

33540 Pharmaceutical services 233,900

33550 Health plan services 3,258,900

33630 Single point of entry 1,000,000

33680 Long-term care services 18,340,900

34010 Medical services administration    406,600

37,857,100

5. Department of Corrections

Appropriation Item Reduction

Number Amount

02072 New custody staff training 3,611,000

05083 Information technology services and projects 61,800

17520 Southwestern region clinical complexes 2,379,000

29005 MPRI education program 716,900

29511 Prison food service 3,158,500

29512 Transportation 111,100

74002 Michigan reformatory – Ionia 10,555,500

77002 Lakeland correctional facility – Coldwater  5,810,200

26,404,000

6. Department of Education

Appropriation Item Reduction

Number Amount

01605 Central support 37,500

01610 Terminal leave payments 15,000

01623 Building occupancy charges – property management 17,300

 services

07501 School finance and school law operations  43,500

113,300

7. Department of Environmental Quality

Appropriation Item Reduction

Number Amount

01001 Executive direction 50,000

01093 Unclassified salaries 50,000

02808 Field permitting and project assistance 87,500

03326 Mineral wells management 1,500

04320 Pollution prevention and technical assistance 24,600

04541 Contaminated site investigation, cleanup, and revitalization 31,700

04620 Air quality programs 130,000

04706 Hazardous waste management program 18,000

04709 Radiological protection program 16,000

04715 Underground storage tank program 14,000

04718 Aboveground storage tank program 5,000

04726 Solid waste management program` 9,500

04918 Water withdrawal assessment program 166,000

06051 Water pollution control and drinking water revolving fund  63,200

667,000

8. Department of History, Arts, and Libraries

Appropriation Item Reduction

Number Amount

01100 Management services 29,100

03050 Library of Michigan operations 202,900

04100 Historical administration and services 68,600

04180 Thunder Bay national marine sanctuary and underwater 2,500

 preserve

07511 Mackinac Island park operation 17,400

07516 Historical facilities system   2,300

322,800

9. Department of Human Services

Appropriation Item Reduction

Number Amount

11040 Contractual services, supplies, and materials – 100,000

 Executive Operations

11400 Electronic benefit transfer EBT 100,000

12080 Payroll taxes and fringe benefits 7,494,100

15100 AFC, children’s welfare and day care licensure 3,300,000

16100 Information technology services and projects 102,300

16500 Child support automation 170,000

32500 Family independence program 23,287,200

32550 Day care services 12,113,400

47610 Medium security juvenile services 1,000,000

62610 Field staff, salaries and wages 10,647,400

72750 Adoption subsidies 4,746,600

81450 Employment and training support services    200,000

63,261,000

10. Department of Labor and Economic Growth

Appropriation Item Reduction

Number Amount

06000 Workforce programs administration 150,000

11601 Administration 600,000

11603 Board of magistrates and appellate commission 31,500

27010 Fire marshal program 15,000

27120 Fire fighters training council 30,000

27130 Fire safety program  30,000

856,500

11. Department of Management and Budget

Appropriation Item Reduction

Number Amount

00005 Information technology services and projects 207,200

 (Department of Management and Budget)

12000 Administrative services 3,800

13000 Budget and financial management 132,200

14000 Office of the state employer 22,600

16000 Business support services 74,900

19150 Information technology services and projects 46,100

 (Civil Service Commission)

19300 Executive direction 262,500

19900 Human resources operations 237,000

986,300

The Department of Management and Budget shall reduce building occupancy general fund expenditures by $40,000.00. The State Budget Director is authorized to take any and all actions necessary to properly record expenditure reductions as part of the financial transactions for the fiscal year ending September 30, 2009.

12. Department of Military and Veterans Affairs

Appropriation Item Reduction

Number Amount

01011 Headquarters and armories 75,000

02011 Military training sites and support facilities 57,800

03011 Departmentwide accounts 52,500

03500 Grand Rapids veterans’ home 319,100

03700 D. J. Jacobetti veterans’ home 100,600

03800 Information technology services and projects 200

05525 Veterans’ affairs directorate administration  27,100

632,300

13. Department of Natural Resources

Appropriation Item Reduction

Number Amount

01001 Executive direction 10,200

01005 Communications 6,600

01092 Commission 500

01093 Unclassified salaries 1,300

01105 Internal audit services 600

01106 Budget and support services 3,200

01107 Financial services 4,100

01108 Grants management 3,600

02020 Land and facilities 6,900

02129 Cooperative resource programs 14,000

02132 Wildfire protection 50,100

02207 Natural resources heritage 15,100

02302 Water withdrawal assessment program 28,100

03116 General law enforcement  15,100

159,400

14. Department of State

Appropriation Item Reduction

Number Amount

10000 Operations – Executive direction 3,800

14100 Operations – Department services 52,400

15100 Operations – Regulatory services 40,600

19100 Branch operations 183,700

19300 Central operations 113,800

45500 Information technology services and projects   3,700

398,000

15. Department of Treasury

Appropriation Item Reduction

Number Amount

01201 Treasury operations information technology services 13,400

 and projects

01308 Rent and building occupancy charges – property 250,000

 management services

03010 Economic development job training grants 447,000

 (Michigan Strategic Fund)

09517 Renaissance zone reimbursement   388,500

1,098,900

C. Portions of appropriations financed with special purpose revenue amounting to $11,800,000.00 contained in the following public acts are reduced as follows:

Reduction

Public Act Department Amount

2008 PA 245 Corrections $1,800,000

2008 PA 213 Higher Education 10,000,000

TOTAL 11,800,000

D. The reduction totals for the departments and agencies in Section C include the following appropriation items or are predicated upon the following actions:

1. Department of Corrections – Trooper Recruit School Fund

Appropriation Item Reduction

Number Amount

29000 Trooper recruit school fund 1,800,000

1,800,000

The amount in Section 926(4) of 2008 PA 245 is reduced to $0.00.

2. Higher Education – Michigan Merit Award Trust Fund

Appropriation Item Reduction

Number Amount

80100 Michigan promise grant program 10,000,000

10,000,000

The State Budget Director is authorized to take any and all actions necessary to implement the provisions of this Order to reduce expenditures authorized by appropriations as specified above for the fiscal year beginning on October 1, 2008 and ending on September 30, 2009.

This Order is effective upon approval by the appropriations committees of the House of Representatives and the Senate, as provided under Section 20 of Article V of the Michigan Constitution of 1963 and Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 10th day of December, in the year of our Lord, two thousand and eight.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Secretary for the record.

The following messages from the Governor were received and read:

December 4, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment to state office under Section 3b of the Fire Prevention Code, 1941 PA 207, MCL 29.3b:

State Fire Safety Board

Mr. Thomas G. Lippens of 4070 St. Nicholas Road, Rock, Michigan 49880, county of Delta, succeeding Patrick L. Klocke, whose term has expired, representing a licensed electrical contractor or master electrician, for a term commencing December 4, 2008 and expiring July 15, 2012.

December 4, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointment to state office under Section 4 of the Michigan Gaming Control and Revenue Act, Initiated Law of 1996, MCL 432.204:

Michigan Gaming Control Board

Mr. Damian S. Kassab, a Republican, of 1040 West Snell Road, Rochester, Michigan 48306, county of Oakland, reappointed for a term commencing January 1, 2009 and expiring December 31, 2012.

December 4, 2008

I respectfully submit to the Senate, pursuant to Section 3 of Forbes Mechanical Contractors Act, 1984 P.A. 192, MCL 338.973, please be advised of the following appointment to office:

Board of Mechanical Rules

Mr. Raymond W. Coy of 2281 Botsford Road, Howell, Michigan 48855, county of Livingston, succeeding Joseph G. Connors, whose term has expired, representing unlimited service heating and refrigeration, for a term commencing December 4, 2008 and expiring October 1, 2012.

December 4, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointment to state office under Sections 16121 and 17821 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17821:

Michigan Board of Physical Therapy

Ms. Ginger Smietana of 45554 50th Avenue, Paw Paw, Michigan 49079, county of Van Buren, succeeding Michael S. Salter, whose term has expired, representing the general public, for a term commencing December 4, 2008 and expiring December 31, 2009.

Mr. Vijay Kumar of 1771 Winter Street, West Branch, Michigan 48661, county of Ogemaw, reappointed to represent physical therapists, for a term commencing January 1, 2009 and expiring December 31, 2012.

December 4, 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 Sections 16121 and 18821 of the Public Health Code, 1978 PA 368, MCL 333.16121 and MCL 333.18821:

Michigan Board of Veterinary Medicine

Ms. Sandra M. Pelton of 35745 Joy Road, Westland, Michigan 48185, county of Wayne, reappointed to represent veterinary technicians, for a term commencing January 1, 2009 and expiring December 31, 2012.

Ms. Nancy C. Postorino Reeves, D.V.M., of 1780 Foxcroft Road, East Lansing, Michigan 48823, county of Ingham, reappointed to represent veterinarians, for a term commencing January 1, 2009 and expiring December 31, 2012.

December 5, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointment to state office under Sections 16121 and 16421 of the Public Health Code, 1978 PA 368, MCL 333.16121 and MCL 333.16421:

Michigan Board of Chiropractic

Mr. Solomon L. Cogan, D.C., of 3890 Lakeland Lane, Bloomfield Hills, Michigan 48302, county of Oakland, reappointed to represent chiropractors, for a term commencing January 1, 2009 and expiring December 31, 2012.

December 9, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointment and reappointments to state office under Section 29 of Article 5 of the Michigan Constitution of 1963:

Civil Rights Commission

Mr. Nabih H. Ayad, a Democrat, of 49700 Hudson Drive, Canton, Michigan 48188, county of Wayne, succeeding Mohammed A. Abdrabboh, whose term has expired, for a term commencing December 9, 2008 and expiring December 31, 2011.

Ms. Karen Henry Stokes, a Republican, of 16 Campau Circle, N.W., Grand Rapids, Michigan 49503, county of Kent, reappointed for a term commencing January 1, 2009 and expiring December 31, 2012.

Mr. Matthew J. Wesaw, an Independent, of 3939 Mayapple Lane, Lansing, Michigan 48911, county of Ingham, reappointed for a term commencing January 1, 2009 and expiring December 31, 2012.

December 10, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following reappointment to state office under Section 35 of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, MCL 421.35:

Michigan Employment Security Board of Review

Ms. Amy L. Rosenberg of 314 West Street, Lansing, Michigan 48915, county of Ingham, reappointed to represent the general public, for a term commencing January 1, 2009 and expiring December 31, 2012.

December 16, 2008

I respectfully submit to the Senate, pursuant to Section 6 of Article 5 of the Michigan Constitution of 1963, the following appointments and reappointments to state office under Sections 16121 and 17305 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17305:

Michigan Board of Nursing Home Administrators

Mr. Todd L. Cook of 525 Westmoreland Avenue, Lansing, Michigan 48915, county of Ingham, succeeding Kathleen Husk, whose term has expired, representing the general public, for a term commencing December 16, 2008 and expiring June 30, 2010.

Ms. Pam A. Ditri of 921 Walker Road, Dansville, Michigan 48819, county of Ingham, succeeding Kerri A. Knopp, whose term has expired, representing nursing home administrators, for a term commencing December 16, 2008 and expiring June 30, 2011.

Ms. Sara E.D. Fazio of 3204 Behler Drive S.E., Grand Rapids, Michigan 49546, county of Kent, succeeding Geraldine Pleasant, whose term has expired, representing the general public, for a term commencing December 16, 2008 and expiring June 30, 2010.

Ms. Gail J. Clarkson of 1387 Club Drive, Bloomfield Hills, Michigan 48302, county of Oakland, reappointed to represent nursing home administrators, for a term expiring June 30, 2012.

Ms. Valaria Conerly Moon of 5119 Dye Meadow Court, Flint, Michigan 48532, county of Genesee, reappointed to represent the general public, for a term expiring June 30, 2012.

Ms. Susan E. Pettis of 3007 Sequoia Parkway, Ann Arbor, Michigan 48103, county of Washtenaw, reappointed to represent nursing home administrators, for a term expiring June 30, 2012.

Sincerely,

Jennifer M. Granholm

Governor

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

The following messages from the Governor were received and read:

December 17, 2008

Due to an error on the February 26, 2008 letter filed with your office pursuant to Section 15 of the Michigan Occupational Safety and Health Act, 1974 PA 154, MCL 408.1015, please be advised of the following correction appearing in bold print:

General Industry Safety Standards Commission

Mr. Jeffrey Radjewski of 26449 Birchcrest Drive, Chesterfield, Michigan 48051, county of Macomb, reappointed to represent labor, for a term commencing March 27, 2008 and expiring March 26, 2009.

December 17, 2008

Due to an error on the April 12, 2007 letter filed with your office pursuant to Sections 16121 and 17305 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17305, please be advised of the following correction appearing in bold print:

Michigan Board of Nursing Home Administrators

Ms. Karen J. Messick of 4599 Lantern Court, N.W., Comstock Park, Michigan 49321, county of Kent, reappointed to represent nursing home administrators, for a term expiring June 30, 2010.

December 17, 2008

Due to an error on the December 6, 2005 letter filed with your office pursuant to Sections 16121 and 17305 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17305, please be advised of the following correction appearing in bold print:

Michigan Board of Nursing Home Administrators

Mr. Thomas D. Meyer of 200 Anderson Road, East Tawas, Michigan 48730, county of Iosco, reappointed to represent nursing home administrators, for a term commencing January 1, 2006 and expiring June 30, 2009.

December 17, 2008

Due to an error on the January 3, 2006 letter filed with your office pursuant to Sections 16121 and 17305 of the Public Health Code, 1978 PA 368, MCL 333.16121 and 333.17305, please be advised of the following correction appearing in bold print:

Michigan Board of Nursing Home Administrators

Mr. Samuel H. Shaheen, D.O., of 14 Davis Drive, Saginaw, Michigan 48602, county of Saginaw, succeeding Sara J. Schaden, whose term has expired, representing nursing home administrators, for a term commencing January 3, 2006 and expiring June 30, 2009.

December 17, 2008

Due to an error on the October 15, 2008 letter filed with your office pursuant to Section 23 of the Michigan Occupational Health Safety and Health Act, 1974 PA 154, MCL 408.1023, please be advised of the following corrections appearing in bold print:

Occupational Health Standards Commission

Mr. James B. Cianciolo of 22048 Crestwood Street, Woodhaven, Michigan 48183, county of Wayne, reappointed to represent labor, for a term expiring August 5, 2009.

Mr. Andrew J. Comai of 1570 Maywood Avenue, Ann Arbor, Michigan 48103, county of Washtenaw, reappointed to representing labor and general industry, for a term expiring August 5, 2010.

Sincerely,

Jennifer M. Granholm

Governor

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

Messages from the House

Senator Cropsey moved that the following bills be placed at the head of the Messages from the House calendar:

Senate Bill No. 897

Senate Bill No. 898

Senate Bill No. 973

Senate Bill No. 1489

Senate Bill No. 1490

The motion prevailed.

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.

Substitute (H-2).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 818 Yeas—34

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Schauer

Barcia Cropsey Kahn Scott

Basham Garcia McManus Stamas

Birkholz George Olshove Switalski

Bishop Gilbert Pappageorge Thomas

Brater Gleason Patterson Van Woerkom

Brown Hardiman Prusi Whitmer

Cherry Jacobs

Nays—3

Cassis Kuipers Sanborn

Excused—0

Not Voting—1

Hunter

In The Chair: Richardville

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

The motion prevailed.

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 full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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.

Substitute (H-1).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 819 Yeas—34

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Schauer

Barcia Cropsey Kahn Scott

Basham Garcia McManus Stamas

Birkholz George Olshove Switalski

Bishop Gilbert Pappageorge Thomas

Brater Gleason Patterson Van Woerkom

Brown Hardiman Prusi Whitmer

Cherry Jacobs

Nays—3

Cassis Kuipers Sanborn

Excused—1

Hunter

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.

The Senate agreed to the title as amended.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senator Hunter entered the Senate Chamber.

Senate Bill No. 973, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 435 (MCL 208.1435), as amended by 2007 PA 216.

Substitute (H-2).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 820 Yeas—35

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Schauer

Barcia Cropsey Kahn Scott

Basham Garcia Kuipers Stamas

Birkholz George McManus Switalski

Bishop Gleason Olshove Thomas

Brater Hardiman Pappageorge Van Woerkom

Brown Hunter Patterson Whitmer

Cherry Jacobs Prusi

Nays—3

Cassis Gilbert Sanborn

Excused—0

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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.

Substitute (H-3).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 821 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cherry Jacobs Prusi Whitmer

Clark-Coleman

Nays—1

Cassis

Excused—0

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

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 (H-2).

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

The substitute was concurred in, a majority of the members serving voting therefor, as follows:

Roll Call No. 822 Yeas—37

Allen Clarke Jansen Richardville

Anderson Cropsey Jelinek Sanborn

Barcia Garcia Kahn Schauer

Basham George Kuipers Scott

Birkholz Gilbert McManus Stamas

Bishop Gleason Olshove Switalski

Brater Hardiman Pappageorge Thomas

Brown Hunter Patterson Van Woerkom

Cherry Jacobs Prusi Whitmer

Clark-Coleman

Nays—1

Cassis

Excused—0

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.

The Senate agreed to the full title.

The bill was referred to the Secretary for enrollment printing and presentation to the Governor.

Senate Bill No. 1236, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 9515, 9516, 9520, and 9521 (MCL 440.9515, 440.9516, 440.9520, and 440.9521), as added by 2000 PA 348; and to repeal acts and parts of acts.

The House of Representatives has amended the bill as follows:

1. Amend page 16, line 5, after “effect” by striking out “30” and inserting “90”.

2. Amend page 16, line 8, after “unless” by striking out the balance of the enacting section and inserting “all of the following bills of the 94th Legislature are enacted into law:

(a) House Bill No. 5934.

(b) House Bill No. 5935.”.

The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House of Representatives requested the return of

Senate Bill No. 1236, entitled

A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending sections 9515, 9516, 9520, and 9521 (MCL 440.9515, 440.9516, 440.9520, and 440.9521), as added by 2000 PA 348; and to repeal acts and parts of acts.

Senator Cropsey moved that the request of the House of Representatives be granted.

The motion prevailed.

By unanimous consent the Senate proceeded to the order of

General Orders

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

The motion prevailed, and the President pro tempore, Senator Richardville, designated Senator Clarke 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:

House Bill No. 4594, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, and 9 (MCL 432.102, 432.103, and 432.109), sections 2 and 9 as amended by 1999 PA 108 and section 3 as amended by 2006 PA 427.

House Bill No. 6612, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2505 (MCL 324.2505), as added by 1995 PA 60; and to repeal acts and parts of acts.

House Bill No. 6613, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11135 and 11153 (MCL 324.11135 and 324.11153), as amended by 2007 PA 75.

House Bill No. 5771, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40501 (MCL 324.40501), as added by 1995 PA 57.

House Bill No. 4017, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 653b.

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. 4839, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 11, 208c, 252a, 252d, 252e, 252f, 252g, 252k, and 252l (MCL 257.11, 257.208c, 257.252a, 257.252d, 257.252e, 257.252f, 257.252g, 257.252k, and 257.252l), section 11 as amended by 2003 PA 37, section 208c as amended by 2004 PA 362, sections 252a, 252d, 252e, and 252f as amended by 2004 PA 495, and section 252g as amended and sections 252k and 252l as added by 2004 PA 493.

Substitute (S-4).

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

1. Amend page 40, following line 12, by inserting:

“Sec. 726. (1) Local authorities and county road commissions with respect to highways under their jurisdiction, except state trunk line highways, by ordinance or resolution, may do any of the following:

(a) Prohibit the operation of trucks or other commercial vehicles on designated highways or streets.

(b) Impose limitations as to the weight of trucks or other commercial vehicles on designated highways or streets.

(c) Provide that only certain highways or streets may be used by trucks or other commercial vehicles.

(2) Any prohibitions, limitations, or truck route designations established under subsection (1) shall be designated by appropriate signs placed on the highways or streets. The design and placement of the signs shall be consistent with the requirements of section 608.

(3) IF A TOWNSHIP HAS ESTABLISHED ANY PROHIBITION OR LIMITATION UNDER SUBSECTION (1) ON ANY COUNTY PRIMARY ROAD THAT AN ADJOINING TOWNSHIP DETERMINES DIVERTS TRAFFIC ONTO A BORDER HIGHWAY OR STREET SHARED BY THE TOWNSHIP AND THE ADJOINING TOWNSHIP, THE ADJOINING TOWNSHIP MAY SUBMIT A WRITTEN OBJECTION TO THE COUNTY ROAD COMMISSION HAVING JURISDICTION OVER THE COUNTY PRIMARY ROAD, ALONG WITH A COPY TO THE TOWNSHIP THAT ESTABLISHED THE PROHIBITION OR LIMITATION, ON OR BEFORE THE LATER OF MARCH 1, 2009, OR 60 DAYS AFTER THE TOWNSHIP APPROVES THE PROHIBITION OR LIMITATION. THE WRITTEN OBJECTION SHALL EXPLAIN HOW THE PROHIBITION OR LIMITATION DIVERTS TRAFFIC ONTO THE BORDER HIGHWAY OR STREET SHARED BY THE TOWNSHIP AND THE ADJOINING TOWNSHIP. THE COUNTY ROAD COMMISSION SHALL THEN INVESTIGATE THE OBJECTION. THE TOWNSHIP AND ADJOINING TOWNSHIP SHALL COOPERATE WITH THAT INVESTIGATION AND NEGOTIATE IN GOOD FAITH TO RESOLVE THE OBJECTION. IF THE OBJECTION IS NOT RESOLVED WITHIN 60 DAYS AFTER THE TOWNSHIP RECEIVES THE COPY OF THE WRITTEN OBJECTION, THE COUNTY ROAD COMMISSION HAS THE AUTHORITY TO, AND SHALL, EITHER APPROVE OR VOID THE PROHIBITION OR LIMITATION THAT IS THE SUBJECT OF THE OBJECTION WITHIN 60 DAYS THEREAFTER, WHICH DECISION SHALL BE FINAL. FOR PURPOSES OF THIS SUBSECTION, “COUNTY PRIMARY ROAD” MEANS A HIGHWAY OR STREET DESIGNATED AS A COUNTY PRIMARY ROAD PURSUANT TO 1951 PA 51, MCL 247.671 TO 247.675.

(4) (3) A person who violates a prohibition, limitation, or truck route designation established pursuant to subsection (1) is responsible for a civil infraction.”.

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 amendments, the following bill:

House Bill No. 6515, entitled

A bill to amend 1991 PA 180, entitled “An act to assist in the financing of stadia or convention facilities; to permit eligible municipalities to impose and collect an excise tax on businesses engaged in the preparation and delivery of food and beverages for immediate consumption, in leasing or renting motor vehicles in the eligible municipality, and in providing accommodations for dwelling, lodging, or sleeping purposes; to limit the rate of that excise tax; to authorize voter approval in a single ballot question of the excise tax authorized by this act and of certain purposes for which the excise tax is imposed; to provide for the establishment of procedures for the collection, administration, and enforcement of the excise tax; to prescribe the powers and duties of certain state departments and state and local officials; to provide for the disposition and transmittal of the revenues from the tax for stadia or convention facility development and other purposes and authorize the pledge of those revenues; to authorize the appointment of employees and officials of a local governmental unit to an authority to which revenues from the tax may be pledged; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 207.751), as amended by 2007 PA 172.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 3, line 14, after “than” by striking out “70,000” and inserting “100,000”.

2. Amend page 3, following line 22, by inserting:

“(vi) A COUNTY WITH A POPULATION OF LESS THAN 300,000 WITH A CITY WITH A POPULATION OF MORE THAN 70,000 PERSONS, OR THE MOST POPULOUS CITY WITHIN THAT COUNTY IF EITHER INTENDS TO IMPOSE A TAX UNDER THIS ACT FOR PURPOSES RELATED TO A STADIUM AS DEFINED UNDER SUBDIVISION (I)(ii).”.

The Senate agreed to the amendments 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 amendment, the following bill:

House Bill No. 6056, 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.

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

1. Amend page 6, line 9, after the second “April 1,” by striking out “2009” and inserting “2011”.

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 amendment, the following bill:

House Bill No. 6057, 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.

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

1. Amend page 6, line 15, after “1,” by striking out “2008” and inserting “2011”.

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 amendments, the following bill:

House Bill No. 6726, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 20, 20j, and 32b (MCL 388.1620, 388.1620j, and 388.1632b), as amended by 2008 PA 268.

The following are the amendments recommended by the Committee of the Whole:

1. Amend page 22, line 25, after “NOT” by striking out “LESS” and inserting “LATER”.

2. Amend page 23, line 4, after “CORPORATION.” by inserting “THE CORPORATION SHALL NOTIFY EACH OF THE LEGISLATIVE LEADERS OF THIS REQUIREMENT TO SUBMIT A LIST OF NOMINEES NOT LATER THAN 30 DAYS BEFORE THE DATE THAT THE LIST IS DUE.”.

3. Amend page 23, line 12, after “LEADERS.” by striking out the balance of the line through “year.” on line 15.

4. Amend page 23, line 21, after “TERM,” by striking out the balance of the line through “the” on line 23 and inserting “THE CORPORATION SHALL NOTIFY THE LEGISLATIVE LEADER WHO ORIGINALLY NOMINATED THE MEMBER OF THE VACANCY AND THAT LEGISLATIVE LEADER SHALL SUBMIT TO THE GOVERNOR A LIST OF 3 OR MORE INDIVIDUALS AS NOMINEES FOR APPOINTMENT TO FILL THE VACANCY WITHIN 30 DAYS AFTER BEING NOTIFIED BY THE CORPORATION OF THE VACANCY. THE”.

5. Amend page 23, line 26, after “occurs.” by striking out the balance of the subdivision.

The Senate agreed to the amendments 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:

House Bill No. 6455, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2004 PA 52.

Substitute (S-1).

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

1. Amend page 6, following line 15, by inserting:

“Enacting section 1. This amendatory act takes effect April 1, 2009.”.

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:

House Bill No. 5639, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 623a, 1267, and 1274 (MCL 380.623a, 380.1267, and 380.1274), section 623a as amended by 2007 PA 45, section 1267 as amended by 2004 PA 232, and section 1274 as amended by 2004 PA 588.

Substitute (S-2).

The following are the amendments to the substitute recommended by the Committee of the Whole:

1. Amend page 3, line 1, after “ACTION” by striking out “FOR A BIDDER”.

2. Amend page 7, line 5, after “ACTION” by striking out “FOR A BIDDER”.

3. Amend page 9, line 2, after “ACTION” by striking out “FOR A BIDDER”.

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.

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:

House Bill No. 4839

House Bill No. 6515

House Bill No. 6056

House Bill No. 6057

House Bill No. 6726

House Bill No. 4594

House Bill No. 6612

House Bill No. 6613

House Bill No. 5771

House Bill No. 6455

House Bill No. 5639

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

The following bill was read a third time:

House Bill No. 4839, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 11, 208c, 216, 244, 252a, 252d, 252e, 252f, 252g, 252k, 252l, 625n, 716, and 717 (MCL 257.11, 257.208c, 257.216, 257.244, 257.252a, 257.252d, 257.252e, 257.252f, 257.252g, 257.252k, 257.252l, 257.625n, 257.716, and 257.717), section 11 as amended by 2003 PA 37, section 208c as amended by 2004 PA 362, sections 216 and 244 as amended by 2002 PA 642, sections 252a, 252d, 252e, and 252f as amended by 2004 PA 495, section 252g as amended and sections 252k and 252l as added by 2004 PA 493, section 625n as amended by 1998 PA 349, section 716 as amended by 2006 PA 509, and section 717 as amended by 2004 PA 511, and by adding section 79f.

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. 823 Yeas—35

Allen Clark-Coleman Jansen Sanborn

Anderson Clarke Jelinek Schauer

Barcia Cropsey Kahn Scott

Basham Garcia Kuipers Stamas

Birkholz Gilbert McManus Switalski

Bishop Gleason Olshove Thomas

Brater Hardiman Pappageorge Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs Richardville

Nays—3

Brown George Patterson

Excused—0

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.

Senator Gilbert offered to amend the title to read as follows:

A bill to amend 1949 PA 300, entitled “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,” by amending sections 11, 208c, 216, 244, 252a, 252d, 252e, 252f, 252g, 252k, 252l, 625n, 716, 717, and 726 (MCL 257.11, 257.208c, 257.216, 257.244, 257.252a, 257.252d, 257.252e, 257.252f, 257.252g, 257.252k, 257.252l, 257.625n, 257.716, 257.717, and 257.726), section 11 as amended by 2003 PA 37, section 208c as amended by 2004 PA 362, sections 216 and 244 as amended by 2002 PA 642, sections 252a, 252d, 252e, and 252f as amended by 2004 PA 495, section 252g as amended and sections 252k and 252l as added by 2004 PA 493, section 625n as amended by 1998 PA 349, section 716 as amended by 2006 PA 509, section 717 as amended by 2004 PA 511, and section 726 as amended by 1983 PA 107, and by adding section 79f.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was read a third time:

House Bill No. 6515, entitled

A bill to amend 1991 PA 180, entitled “An act to assist in the financing of stadia or convention facilities; to permit eligible municipalities to impose and collect an excise tax on businesses engaged in the preparation and delivery of food and beverages for immediate consumption, in leasing or renting motor vehicles in the eligible municipality, and in providing accommodations for dwelling, lodging, or sleeping purposes; to limit the rate of that excise tax; to authorize voter approval in a single ballot question of the excise tax authorized by this act and of certain purposes for which the excise tax is imposed; to provide for the establishment of procedures for the collection, administration, and enforcement of the excise tax; to prescribe the powers and duties of certain state departments and state and local officials; to provide for the disposition and transmittal of the revenues from the tax for stadia or convention facility development and other purposes and authorize the pledge of those revenues; to authorize the appointment of employees and officials of a local governmental unit to an authority to which revenues from the tax may be pledged; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 207.751), as amended by 2007 PA 172.

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. 824 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Sanborn

Barcia Cropsey Jelinek Schauer

Basham Garcia Kahn Scott

Birkholz George Kuipers Stamas

Bishop Gilbert McManus Switalski

Brater Gleason Olshove Thomas

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—1

Richardville

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 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:

House Bill No. 6056, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20173a (MCL 333.20173a), as added by 2006 PA 28.

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. 825 Yeas—30

Allen Clark-Coleman Hunter Schauer

Barcia Clarke Jacobs Scott

Basham Cropsey Jansen Stamas

Birkholz Garcia Jelinek Switalski

Bishop George McManus Thomas

Brater Gilbert Olshove Van Woerkom

Cassis Gleason Prusi Whitmer

Cherry Hardiman

Nays—8

Anderson Kahn Pappageorge Richardville

Brown Kuipers Patterson Sanborn

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 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 protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 6057, 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.

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. 826 Yeas—27

Basham Cropsey Jacobs Scott

Bishop Garcia Jansen Stamas

Brater George Jelinek Switalski

Cassis Gilbert McManus Thomas

Cherry Gleason Olshove Van Woerkom

Clark-Coleman Hardiman Prusi Whitmer

Clarke Hunter Schauer

Nays—11

Allen Birkholz Kuipers Richardville

Anderson Brown Pappageorge Sanborn

Barcia Kahn Patterson

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 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 codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 6726, entitled

A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 20 and 20j (MCL 388.1620 and 388.1620j), as amended by 2008 PA 268.

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. 827 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 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 make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 4594, entitled

A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, and 9 (MCL 432.102, 432.103, and 432.109), sections 2 and 9 as amended by 1999 PA 108 and section 3 as amended by 2006 PA 427.

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. 828 Yeas—35

Allen Clark-Coleman Jelinek Sanborn

Anderson Clarke Kahn Schauer

Barcia Cropsey Kuipers Scott

Basham Garcia McManus Stamas

Bishop George Olshove Switalski

Brater Gilbert Pappageorge Thomas

Brown Gleason Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs Richardville

Nays—3

Birkholz Hardiman Jansen

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 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 license and regulate the conducting of bingo, millionaire parties, and certain other forms of gambling; to provide for the conducting of charity games, raffles, and numeral games; to provide for exemptions from licensing requirements under certain circumstances; to impose certain duties and authority upon certain state departments, agencies, and officers; to provide a tax exemption; and to provide penalties,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 6612, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2505 (MCL 324.2505), as added by 1995 PA 60; 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. 829 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 6613, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11135 and 11153 (MCL 324.11135 and 324.11153), as amended by 2007 PA 75.

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. 830 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 5771, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40501 (MCL 324.40501), as added by 1995 PA 57.

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. 831 Yeas—37

Allen Clark-Coleman Jacobs Prusi

Anderson Clarke Jansen Richardville

Barcia Cropsey Jelinek Sanborn

Basham Garcia Kahn Schauer

Birkholz George Kuipers Scott

Bishop Gilbert McManus Stamas

Brater Gleason Olshove Switalski

Brown Hardiman Pappageorge Van Woerkom

Cassis Hunter Patterson Whitmer

Cherry

Nays—0

Excused—0

Not Voting—1

Thomas

In The Chair: Richardville

Senator Cropsey moved that the bill be given immediate effect.

The motion prevailed, 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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”.

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No. 6455, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732a (MCL 257.732a), as amended by 2004 PA 52.

The question being on the passage of the bill,

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

Roll Call No. 832 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: 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:

House Bill No. 5639, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 623a, 1267, and 1274 (MCL 380.623a, 380.1267, and 380.1274), section 623a as amended by 2007 PA 45, section 1267 as amended by 2004 PA 232, and section 1274 as amended by 2004 PA 588.

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. 833 Yeas—38

Allen Clark-Coleman Jansen Richardville

Anderson Clarke Jelinek Sanborn

Barcia Cropsey Kahn Schauer

Basham Garcia Kuipers Scott

Birkholz George McManus Stamas

Bishop Gilbert Olshove Switalski

Brater Gleason Pappageorge Thomas

Brown Hardiman Patterson Van Woerkom

Cassis Hunter Prusi Whitmer

Cherry Jacobs

Nays—0

Excused—0

Not Voting—0

In The Chair: 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.