2006-SJ-03-01-020.htm

No. 20

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2006

Senate Chamber, Lansing, Wednesday, March 1, 2006.

10:00a.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 Olshove--present

Barcia--present George--present Patterson--present

Basham--present Gilbert--present Prusi--present

Birkholz--present Goschka--present Sanborn--present

Bishop--present Hammerstrom--present Schauer--present

Brater--present Hardiman--present Scott--present

Brown--present Jacobs--present Sikkema--present

Cassis--present Jelinek--present Stamas--present

Cherry--present Johnson--present Switalski--present

Clark-Coleman--present Kuipers--present Thomas--present

Clarke--present Leland--present Toy--present

Cropsey--present McManus--present Van Woerkom--present

Emerson--present

Pastor Finney Abraham of Maranatha Evangelistic Church of Farmington Hills offered the following invocation:

Our gracious heavenly Father, we come before You this day in the precious name of our Lord and Savior Jesus Christ. Lord, I thank You for all of our honorable Senators gathered here this day.

Father, I bring all of them before You for Your blessings. Lord, You give them guidance, wisdom, knowledge, and understanding to do the right thing for the good of the people of the state of Michigan, that it may bring glory to Your name.

Our words and deeds may be acceptable in Your sight, O Father. Anoint everyone with the power of the Holy Spirit, O Lord. Help them to be involved in the area You want them to be involved.

Lord, as we read in the holy Scriptures, those who love You, You will give them blessings exceeding and abundantly more than we ask or imagine. Lord, I pray You open the windows of Heaven and pour the showers of blessings upon everyone who are gathered here this day.

Lord, bless the state of Michigan and our nation. I bless every Senator in the name of the Father and of the Son and of the Holy Spirit.

We give You all the honor and glory. In the name of Jesus I pray. Amen.

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

Motions and Communications

Senator Schauer moved that Senators Barcia and Leland be temporarily excused from today's session.

The motion prevailed.

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

Senate Bill No.246

Senate Bill No.318

The motion prevailed.

Senator Goschka entered the Senate Chamber.

Recess

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

The motion prevailed, the time being 10:06a.m.

11:25a.m.

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

During the recess, Senators Barcia and Leland entered the Senate Chamber.

Messages from the Governor

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

Senate Bill No.272

Senate Bill No.271

Senate Bill No.264

Senate Bill No.274

Senate Bill No.281

Senate Bill No.175

Senate Bill No.236

Senate Bill No.892

Senate Bill No.893

Senate Bill No.956

Senate Bill No.957

The motion prevailed.

The following messages from the Governor were received:

Date: February 22, 2006

Time: 8:31p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.850 (Public Act No.33), being

An act to amend 1994 PA 451, entitled "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," by amending sections 30103, 32701, 32702, 32703, 32707, 32713, and 32714 (MCL 324.30103, 324.32701, 324.32702, 324.32703, 324.32707, 324.32713, and 324.32714), sections 30103, 32702, 32703, and 32713 as added by 1995 PA 59 and sections 32701, 32707, and 32714 as amended by 2003 PA 148, and by adding sections 32703a, 32704a, 32721, 32722, 32723, 32724, 32726, 32727, and 32728; and to repeal acts and parts of acts.

(Filed with the Secretary of State on February 28, 2006, at 11:50a.m.)

Date: February 22, 2006

Time: 8:34p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.851 (Public Act No.34), being

(Filed with the Secretary of State on February 28, 2006, at 11:52a.m.)

Date: February 22, 2006

Time: 8:36p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.852 (Public Act No.35), being

An act to amend 1994 PA 451, entitled "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," by amending sections 32705 and 32708 (MCL 324.32705 and 324.32708), as amended by 2003 PA 148, and by adding section 32708a.

(Filed with the Secretary of State on February 28, 2006, at 11:54a.m.)

Date: February 22, 2006

Time: 8:38p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.854 (Public Act No.36), being

(Filed with the Secretary of State on February 28, 2006, at 11:56a.m.)

Date: February 22, 2006

Time: 8:40p.m.

To the President of the Senate:

Sir--I have this day approved and signed

Enrolled Senate Bill No.857 (Public Act No.37), being

An act to amend 1976 PA 399, entitled "An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties," by amending sections 4 and 17 (MCL 325.1004 and 325.1017), section 4 as amended by 1998 PA 56 and section 17 as amended by 1993 PA 165.

(Filed with the Secretary of State on February 28, 2006, at 11:58a.m.)

Respectfully,

Jennifer M. Granholm

Governor

By unanimous consent the Senate returned to the order of

Motions and Communications

The following communication was received and read:

Office of the Senate Majority Leader

February 28, 2006

Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Agriculture, Forestry and Tourism Committee hold a hearing on the appointment of Donald Coe to the Commission of Agriculture, and make a written recommendation to the Government Operations Committee on this appointment.

Sincerely,

Senator Ken Sikkema, Chairman

Senate Government Operations Committee

The communication was referred to the Secretary for record.

Messages from the House

Senate Bill No.52, entitled

A bill to amend 2000 PA 146, entitled "Obsolete property rehabilitation act," by amending section 2 (MCL 125.2782).

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

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.783, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11546 (MCL 324.11546), as amended by 2004 PA 41.

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

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.795, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2885.

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

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.839, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 2004 PA 544.

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

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.932, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending the title and sections 5, 7, 9, 10, 10a, 11, 21, 23, 25, 27, 29, 31, 33, 39, 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70, and 73 (MCL 257.1805, 257.1807, 257.1809, 257.1810, 257.1810a, 257.1811, 257.1821, 257.1823, 257.1825, 257.1827, 257.1829, 257.1831, 257.1833, 257.1839, 257.1841, 257.1843, 257.1849, 257.1851, 257.1853, 257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and 257.1873), sections 5, 7, 10, and 10a as amended by 2000 PA 49, section 23 as amended by 1990 PA 322, section 33 as amended by 2001 PA 130, section 49 as amended by 1994 PA 309, section 53 as amended by 2004 PA 131, section 55 as amended by 2004 PA 231, and section 57 as amended by 1996 PA 170; and to repeal acts and parts of acts.

The House of Representatives has substituted (H-2) the bill.

The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1990 PA 187, entitled "An act to regulate the equipment, maintenance, operation, and use of school buses and pupil transportation vehicles; to prescribe the qualifications of school bus and pupil transportation vehicle drivers; to prescribe the powers and duties of certain state and local governmental agencies; to create an advisory committee and to prescribe its powers and duties; and to prescribe remedies and penalties," by amending sections 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70, and 73 (MCL 257.1841, 257.1843, 257.1849, 257.1851, 257.1853, 257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and 257.1873), section 49 as amended by 1994 PA 309, section 53 as amended by 2004 PA 131, section 55 as amended by 2004 PA 231, and section 57 as amended by 1996 PA 170.

Pursuant to rule 3.202, the bill was laid over one day.

Senate Bill No.960, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 408 (MCL 484.1408), as amended by 2004 PA 89.

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

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.1005, entitled

A bill to amend 2005 PA 92, entitled "School bond qualification, approval, and loan act," by amending section 9 (MCL 388.1929).

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

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.

The House of Representatives returned, in accordance with the request of the Senate

House Bill No.5176, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526e.

Senator Hammerstrom moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed.

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

The bill was placed on the order of Third Reading of Bills.

By unanimous consent the Senate proceeded to the order of

Third Reading of Bills

Senator Hammerstrom moved that the following bill be placed at the head of the Third Reading of Bills calendar:

House Bill No.5176

The motion prevailed.

The following bill was announced:

House Bill No.5176, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526e.

Senator Hammerstrom moved to reconsider the vote by which the bill was passed.

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

The question being on the passage of the bill,

Senator Sikkema offered the following amendment:

1. Amend page 2, line 9, after "LATER." by striking out the balance of the bill.

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

The question being on the passage of the bill,

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

Roll Call No.99 Yeas--37

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Toy

Cherry Hardiman Prusi Van Woerkom

Clark-Coleman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

Senate Bill No.127

Senate Bill No.705

House Bill No.5240

House Bill No.5241

House Bill No.5624

The motion prevailed.

The following bill was announced:

Senate Bill No.127, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2701) by adding section 360a.

(This bill was read a third time on February 8 and consideration postponed. See Senate Journal No.11, p. 182.)

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.100 Yeas--37

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Toy

Cherry Hardiman Prusi Van Woerkom

Clark-Coleman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

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

The motion prevailed.

Senator Hardiman's statement is as follows:

I rise in support of Senate Bill No.127. Senate Bill No.127 amends the telecommunications act to say cell phone providers cannot provide cell or include numbers of cell phone customers in directories without first obtaining the customer's written permission. The bill also prohibits customers from being charged extra for keeping off the directories.

Senate Bill No.127 was reported earlier unanimously from the Technology and Energy Committee. My thanks to the chairman, Senator Patterson, and the members of the committee for their fine work. There has been much work done on this bill prior to the committee report and also since then. It's a single-section bill narrowly targeting the cell phone directory issue. Senate Bill No.127 is modeled after a California statute passed about a year and a half ago, and other states have similar laws.

Most people have been accustomed to having a private cell phone number and desire to keep them private. There are some customers who do not mind having their numbers listed, and they will still be able to do so. Senate Bill No.127 is a good pro-customer bill without an onerous restriction on business.

I ask for the body's support.

The following bill was read a third time:

Senate Bill No.705, 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," (MCL 247.651 to 247.675) by adding section 1j.

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.101 Yeas--37

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Toy

Cherry Hardiman Prusi Van Woerkom

Clark-Coleman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The Senate agreed to the title of the bill.

The following bill was read a third time:

House Bill No.5240, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 5, 627, 628, 629, and 629c (MCL 257.5, 257.627, 257.628, 257.629, and 257.629c), section 627 as amended by 2006 PA 19, section 628 as amended by 2003 PA 65, section 629 as amended by 1988 PA 368, and section 629c as amended by 1996 PA 320; and to repeal acts and parts of acts.

The question being on the passage of the bill,

Senator Jelinek offered the following amendments:

1. Amend page 4, line 8, after "A" by inserting "SCHOOL BUS, A".

2. Amend page 4, line 13, after "(7)" by striking out "A" and inserting "EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (6), A".

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.102 Yeas--35

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Thomas

Brown Goschka Olshove Toy

Cassis Hammerstrom Patterson Van Woerkom

Clark-Coleman Hardiman Prusi

Nays--2

Cherry Switalski

Excused--0

Not Voting--0

In The Chair: President

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

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

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.5241, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 61 (MCL 257.1861).

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.103 Yeas--37

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Toy

Cherry Hardiman Prusi Van Woerkom

Clark-Coleman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

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

"An act to regulate the equipment, maintenance, operation, and use of school buses and pupil transportation vehicles; to prescribe the qualifications of school bus and pupil transportation vehicle drivers; to prescribe the powers and duties of certain state and local governmental agencies; to create an advisory committee and to prescribe its powers and duties; and to prescribe remedies and penalties,".

The Senate agreed to the full title.

The following bill was read a third time:

House Bill No.5624, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1305 (MCL 500.1305), as amended by 1992 PA 182.

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.104 Yeas--37

Allen Clarke Jacobs Sanborn

Barcia Cropsey Jelinek Schauer

Basham Emerson Johnson Scott

Birkholz Garcia Kuipers Sikkema

Bishop George Leland Stamas

Brater Gilbert McManus Switalski

Brown Goschka Olshove Thomas

Cassis Hammerstrom Patterson Toy

Cherry Hardiman Prusi Van Woerkom

Clark-Coleman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

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

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

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

"An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,".

The Senate agreed to the full title.

By unanimous consent the Senate returned to the order of

Messages from the House

House Bill No.5177, entitled

(This bill was returned from the House, as requested, on February 8 and the motion to suspend the rules to reconsider the vote postponed. See Senate Journal 11, p. 179.)

The question being on the motion to suspend rule 3.311 to permit reconsideration of the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

House Bill No.5178, entitled

An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2004 PA 382.

(This bill was returned from the House, as requested, on February 8 and the motion to suspend the rules to reconsider the vote postponed. See Senate Journal 11, p. 179.)

The question being on the motion to suspend rule 3.311 to permit reconsideration of the vote by which the bill was passed,

Senator Hammerstrom withdrew the motion.

By unanimous consent the Senate proceeded to the order of

General Orders

Senator Hammerstrom 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 Thomas as Chairperson.

After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Cherry, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:

House Bill No.5315, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 735 (MCL 450.1735), as amended by 1997 PA 118.

House Bill No.5316, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 823 (MCL 450.1823), as amended by 1989 PA 121.

House Bill No.5317, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 611 (MCL 450.1611), as amended by 1997 PA 118.

House Bill No.5318, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 528 (MCL 450.1528), as amended by 1997 PA 118.

House Bill No.5319, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 441 (MCL 450.1441), as amended by 1989 PA 121.

House Bill No.5320, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 442 (MCL 450.1442).

House Bill No.5321, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 143 (MCL 450.1143), as amended by 2001 PA 57.

House Bill No.5323, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 106, 261, and 489 (MCL 450.1106, 450.1261, and 450.1489), sections 106 and 489 as amended by 2001 PA 57 and section 261 as amended by 1993 PA 91.

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.868, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 59, 78, 78m, 87b, 87c, and 87d (MCL 211.59, 211.78, 211.78m, 211.87b, 211.87c, and 211.87d), section 59 as amended by 2001 PA 97, section 78 as added by 1999 PA 123, section 78m as amended by 2003 PA 263, section 87b as amended by 2002 PA 198, section 87c as amended by 2002 PA 165, and section 87d as amended by 1982 PA 503.

Substitute (S-2).

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

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

Senate Bill No.870, entitled

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.872, entitled

A bill to amend 1963 (2nd Ex Sess) PA 43, entitled "An act to provide for public hearings on budgets of local units of government," by amending section 3 (MCL 141.413).

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.875, entitled

A bill to amend 1943 PA 20, entitled "An act relative to the investment of funds of public corporations of the state; and to validate certain investments," by amending section 1 (MCL 129.91), as amended by 1997 PA 196.

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.908, entitled

A bill to amend 2003 PA 238, entitled "Michigan notary public act," by amending sections 27 and 29 (MCL 55.287 and 55.289).

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.

Introduction and Referral of Bills

Senators McManus, Patterson, Bishop, Van Woerkom, Kuipers, Jelinek, Gilbert, Prusi, Cropsey, Goschka and Birkholz introduced

Senate Bill No.1105, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43502, 43505, 43517, 43520, 43523, 43524, 43525, 43525a, 43526, 43527, 43528, 43529, and 43531 (MCL 324.43502, 324.43505, 324.43517, 324.43520, 324.43523, 324.43524, 324.43525, 324.43525a, 324.43526, 324.43527, 324.43528, 324.43529, and 324.43531), sections 43502, 43505, 43523, 43525, 43526, 43527, 43528, 43529, and 43531 as amended by 1996 PA 585, sections 43517 and 43520 as added by 1995 PA 57, section 43524 as amended by 2002 PA 81, and section 43525a as added by 1998 PA 291.

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

Senator Hammerstrom introduced

Senate Bill No.1106, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 2, 3, and 3a (MCL 551.102, 551.103, and 551.103a), section 2 as amended by 1998 PA 333, section 3 as amended by 1984 PA 346, and section 3a as amended by 1989 PA 270.

The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.

Statements

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

The motion prevailed.

Senator Thomas' statement is as follows:

This is a bittersweet moment for me as we say good-bye to the longest-tenured member of my staff. During the Super Bowl time in Detroit, we were all celebrating and having a great time, and at one of the events we were at, Michael Latvis informed me that he was one of the finalists for a grand and new exciting position, and two weeks later, he let me know that he got the job. I am tremendously excited for him, but it is a tough time in our office. I know that I have seen emotionally some of our colleagues break down a little bit. I have already shed all my tears that night after the Super Bowl, so I am not going to blubber today. I am just going to celebrate.

In 2001, a young college student of Michigan State University came in for an internship to my State House office and just absolutely dazzled the two-member staff that we had and worked his way onto my staff in our leadership office in the House of Representatives. He then joined with us as my director of constituent relations in the Senate office, where he joined us and served since 2002. He is really the longest-tenured member of my team and really has become a member of my extended family. You know, so many times we spend so much time with our staff that they really do become an extension of who we are and what we try to become. He is the youngest member of the staff and probably one of the only folks who, whenever I don't quite have all of my "A" game together, is the one who feels comfortable enough to pull me aside and say, "Hey, you got to step it up a little bit. It's time to man up."

Mike has really, really distinguished himself. In fact, when we go to events in the district, there are times that people actually ask for Mr.Latvis before they ask to see their Senator because he has done such great constituent work with them for the past nearly five years.

He is leaving us because he really, really likes doing campaign work. I know it's an election year, and we are not going to do any electioneering. But he is a good Democrat, and he is going to work for a good public strategy group in New York City, the Bennison Strategy Group, as their senior policy analyst. It's a huge, huge step up for him. I could not be more proud of him.

While I am very sad as a boss losing an employee, as his friend, I am so proud of him; that this young man has done the right things. He has worked so hard, and I am so very, very proud of him that I wanted to give him a resolution. We were going to do a tribute, but he actually writes the tributes in the office, and I thought it would be tacky for him to write his own tribute. So we have a seal, and we have given him some other gifts in the office.

So I hope that my colleagues would join with me saying thank you very much to a very, very dedicated state employee, who is going beyond us and going back into the private sector.

Again, Mike, I'm so very proud of you, and I wish you all the best in New York City.

Senator Scott's statement is as follows:

I have a story from Detroit today. "I was a resident of Warren, Michigan, for over five years. While in Warren I enjoyed lower auto premiums. However, in August 2004, I purchased a home in Detroit, and needless to say, my days of lower auto premiums have left. My insurance nearly doubled. My homeowners insurance has increased from $880 to $1,000.

A co-worker recently bought a home in another city that is only two blocks from me. Her homeowners insurance is merely $450. Furthermore, my vehicle is safer now than it was in Warren. I now have a garage and a security fence. While in Warren my car was frequently dented due to being in a parking lot. The only justifiable reason why my insurance would increase is due to that I now live in a predominately black area.

This outright discrimination called redlining has caused me to place my home for sale. I will not pay more while suburbanites pay less. I've heard for years that someone would correct this wrong. When will the change take place? Insurance should be based on driving records like health insurance is based on medical conditions. I have never heard of someone being denied for medical insurance due to their credit score or where they lived."

Senator Brown's statement is as follows:

Yesterday, the state of Indiana proudly announced that the largest food distribution company in the nation, SYSCO, will build a new 400,000-square-foot facility in Hamlet, Indiana. The $80 million facility will create nearly 500 new jobs. Now, I wish I could stand here today and claim to be the SYSCO kid with the good news that the food giant chose my district, but sorry to say, they chose Hamlet, Indiana, over Constantine, Michigan.

Mr.President, as you may remember, this Legislature passed Senate Bill No.175 last year, which would have allowed local governments to offer property tax abatements for distribution facilities like the one SYSCO will build in Indiana. Governor Granholm vetoed that legislation. We later passed with the Governor's signature a carved-out version for Constantine, which Constantine certainly appreciated, but which by the way, the Governor's previous veto left the rest of the state without the opportunity to vie for SYSCO.

Now just yesterday, it is interesting to note, Mr.President, that a spokesman for the administration defended the Governor's decision to veto Senate Bill No.175 last year, indicating that warehousing projects generally offer lower paying jobs than do industrial plants, for which the 50 percent property tax savings can be granted for up to 12 years. The quote from the administration is, "We're looking at the cost/benefit relationship. What kinds of jobs are you getting for the abatement you're giving?" Mr.President, since this Legislature, going back to 1974, first passed Public Act 198, they had no idea about how the evolution of commercial warehouses would come about in this country. They are industries in and of themselves, and the wages they offer are rather significant. If you consider SYSCO, if you consider Proformance Foods that we also lost because we did not have this abatement, the loss of economic activity is significant.

I would note again that the Governor has indicated that she would do anything, that she would go anywhere, do anything to secure economic growth here in our state. With that, Mr.President, I would just announce that with the signatures of about fifteen co-sponsors--and I am still asking for more--I will be re-introducing Senate Bill No.175 this day.

Committee Reports

The Committee on Judiciary reported

House Bill No.4643, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.

With the recommendation that the substitute (S-3) be adopted and that the bill then pass.

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer and Emerson

Nays: Senator Brater

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

The Committee on Judiciary reported

House Bill No.5675, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and 1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g, 380.1535a, and 380.1539b), section 1230 as amended and section 1230c as added by 2005 PA 129, section 1230a as amended by 2005 PA 138, section 1230d as added by 2005 PA 131, and section 1230g as added and sections 1535a and 1539b as amended by 2005 PA 130, and by adding section 1230h.

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

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

Alan L. Cropsey

Chairperson

To Report Out:

Yeas: Senators Cropsey, Bishop, Sanborn, Patterson, Schauer and Brater

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Judiciary submitted the following:

Meeting held on Tuesday, February 28, 2006, at 1:20p.m., Room 210, Farnum Building

Present: Senators Cropsey (C), Bishop, Sanborn, Patterson, Schauer, Emerson and Brater

The Committee on Commerce and Labor reported

Senate Bill No.1047, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 2005 PA 339.

With the recommendation that the bill pass.

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

Jason E. Allen

Chairperson

To Report Out:

Yeas: Senators Allen, Toy, McManus, Schauer and Olshove

Nays: None

The bill was referred to the Committee of the Whole.

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Tuesday, February 28, 2006, at 3:00p.m., Room 100, Farnum Building

Present: Senators Allen (C), Toy, McManus, Schauer and Olshove

The Committee on Transportation reported

Senate Bill No.1035, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2004 PA 427.

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

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Goschka, Leland and Basham

Nays: None

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

The Committee on Transportation reported

House Bill No.5494, entitled

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

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

Judson S. Gilbert II

Chairperson

To Report Out:

Yeas: Senators Gilbert, Leland and Basham

Nays: None

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

COMMITTEE ATTENDANCE REPORT

The Committee on Transportation submitted the following:

Meeting held on Tuesday, February 28, 2006, at 1:06p.m., Room 110, Farnum Building

Present: Senators Gilbert (C), Goschka, Leland and Basham

Excused: Senator Kuipers

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Public hearing held on Monday, February 27, 2006, at 5:30p.m., Brownstown Middle School, 20135 Inkster Road, Brownstown

Present: Senators Kuipers (C), Cassis and Clark-Coleman

Excused: Senators Van Woerkom and Leland

COMMITTEE ATTENDANCE REPORT

The Subcommittee on Department of Community Health submitted the following:

Meeting held on Tuesday, February 28, 2006, at 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower

Present: Senators Stamas (C), George, Johnson, Garcia, Cherry and Clarke

COMMITTEE ATTENDANCE REPORT

The Committee on Families and Human Services submitted the following:

Meeting held on Tuesday, February 28, 2006, at 3:00p.m., Room 210, Farnum Building

Present: Senators Hardiman (C), Hammerstrom, Jacobs and Clark-Coleman

Excused: Senator Sanborn

Scheduled Meetings

21st Century Jobs Funds Joint Select Oversight Committee (SCR 38) - Thursday, March 2, 2:30p.m., Rooms 402 and 403, Capitol Building (373-2420)

Agriculture, Forestry and Tourism - Thursday, March 2, 9:00a.m., Room 110, Farnum Building (373-1635) (CANCELED)

Appropriations -

Subcommittees -

Community Colleges, Joint Senate/House - Tuesday, March 7, 3:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-6960)

Community Health Department - Tuesday, March 14, 2:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-7946)

Environmental Quality Department - Tuesdays, March 7 and March 14, 1:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Higher Education - Friday, March 3, 10:00a.m., Kettering University, Campus Center, Room A, 1700 W. Third Avenue, Flint; and Monday, March 13, Saginaw Valley State University, Curtiss Hall, Emeriti Room, University Drive, University Center (373-1760)

Judiciary and Corrections - Tuesdays, March 7 and March 14, 3:00p.m., Room 402, Capitol Building (373-3760)

K-12, School Aid, Education - Thursdays, March 2 and March 9, 12:30p.m., Rooms 402 and 403, Capitol Building; and Monday, March 20, 10:00a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-6960)

Natural Resources Department - Wednesdays, March 8 and March 15, 3:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1725)

Transportation Department - Tuesdays, April 18, April 25, May 2, May 9, May 16 and May 23, 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)

Education - Friday, March 3, 10:00a.m., Macomb ISD, 44001 Garfield Road, Clinton Township, and 3:00p.m., Port Huron High School, 2215 Court Street, Port Huron; Monday, March 6, 1:00p.m., Marquette Senior High School, 1203W. Fair Avenue, Marquette; and Tuesday, March 7, 6:00p.m., Milan High School, 200 Big Red Drive, Milan (373-6920)

Government Operations - Wednesday, March 15, 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-0797)

Natural Resources and Environmental Affairs - Tuesday, March 7, 3:00p.m., Room 110, Farnum Building (373-3447)

Transportation - Tuesday, March 7, 1:00p.m., Room 110, Farnum Building (373-7708)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 12:26p.m.

The President, Lieutenant Governor Cherry, declared the Senate adjourned until Thursday, March 2, 2006, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate