2005-SJ-09-06-075.htm

No. 75

STATE OF MICHIGAN

Journal of the Senate

93rd Legislature

REGULAR SESSION OF 2005

Senate Chamber, Lansing, Tuesday, September 6, 2005.

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 Emerson--present Olshove--present

Barcia--present Garcia--present Patterson--present

Basham--present George--present Prusi--present

Bernero--present Gilbert--present Sanborn--present

Birkholz--present Goschka--present Schauer--present

Bishop--present Hammerstrom--present Scott--present

Brater--present Hardiman--present Sikkema--present

Brown--present Jacobs --present Stamas--present

Cassis--present Jelinek--present Switalski--present

Cherry--present Johnson--present Thomas--present

Clark-Coleman--present Kuipers--present Toy--present

Clarke--present Leland--present Van Woerkom--present

Cropsey--present McManus--present

Reverend Thomas Wilson of Word of Faith Christian Center of Grand Rapids offered the following invocation:

Father in Heaven, we do thank You, Lord God, for this day. We thank You, Lord God, for the great state of Michigan, Father, and we do lift up, Lord God, the Senators. It is our prayer, Father, that You would give them wisdom from on high to conduct the business of Michigan with courage and with honor and to do everything that is necessary so that Your people and the citizens of this great state can live in peace and continued prosperity, Lord.

Father, direct their hands today, Lord God. It is our prayer, Lord God, that the business would be conducted today without partisanship and division, but a single unified vision for the state of Michigan would be, Lord God, the business of the day. We pray, Lord God, for unity here and we thank You, Lord God, for it.

Lord, we also do lift up the people, the hurricane victims, and we just pray, Lord God, that the rescue workers would be guided by Your hand, Father, to find all of those individuals who still need to be rescued. We pray, Father, that the relief workers would have all of the resources necessary to provide, Lord God, food and clothing for those people, Father. We pray, Father, for the people who are coming here to reside either temporarily or permanently here in our state of Michigan, Father. We pray that they would get a new start here, Lord God, and we thank You because You are the God of restoration. We pray that You would restore that area and bring it to its former glory and even beyond, Lord God.

We just pray, Lord God, that You would give all of us a word to say, Lord God, and that You would remind us, Father, that there is greater wisdom that we have access to and it is from You, Lord God. Guide us, Father; give us wisdom, understanding, knowledge, and judgment, Father, that we may judge in equity.

We give You glory and honor, and we thank You for these things. In the name of Your holy child Jesus. Amen.

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

Motions and Communications

The following communications were received:

Department of State

Administrative Rules

Notices of Filing

August 5, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order1995-6, this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 10:15a.m. this date, administrative rule (05-08-01) for the Department of Labor and Economic Growth, Public Service Commission, entitled "Telecommunication Service Quality," effective immediately upon filing with the Secretary of State.

August 22, 2005

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order1995-6, this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:34p.m. this date, administrative rule (05-08-02) for the Department of Labor and Economic Growth, Director's Office, entitled "Construction Safety Standards - Part 16. Transmission and Distribution," effective immediately upon filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Secretary for record.

The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 1:

House Bill Nos. 4436 4959 4972 4973 4980 5055 5095 5096 5097 5098 5106 5107 5108

The Secretary announced that the following official bills and joint resolution were printed on Thursday, September 1, and are available at the legislative website:

Senate Bill Nos. 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719

Senate Joint Resolution E

House Bill Nos. 5110 5111 5112 5113 5114

Messages from the Governor

The following message from the Governor was received on August 31, 2005, and read:

EXECUTIVE ORDER

No.2005-16

State of Energy Emergency

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, Section 3 of 1982 PA 191, MCL 10.83, authorizes the Governor to declare a State of Energy Emergency upon notification of an impending energy emergency by the Energy Advisory Committee, or upon the Governor's own initiative, if the Governor finds that an energy emergency exists or is imminent;

WHEREAS, the destruction caused by Hurricane Katrina in Louisiana, Mississippi, and

Alabama, has degraded significantly the supply of crude oil from the Gulf Coast to Midwest oil refineries, including in Michigan;

WHEREAS, the effects of Hurricane Katrina have also impacted seriously the supply and price of gasoline, diesel fuel, and other petroleum products in the Midwest and Michigan;

WHEREAS, the Energy Advisory Committee reports that the current situation has affected the transportation of petroleum products in Michigan and the ability to supply gasoline that meets federal air quality requirements;

WHEREAS, the Energy Advisory Committee today notified the Governor that based on information available to the Committee from the Michigan Public Service Commission, other state agencies, and other sources of information an energy emergency is imminent in this state due to the effects of Hurricane Katrina;

WHEREAS, the Energy Advisory Committee also has recommended that the Governor declare a State of Energy Emergency so that appropriate action may be taken;

WHEREAS, it is in the best interests of the State of Michigan that appropriate measures be taken in response to an imminent energy emergency to ensure that petroleum supplies will remain sufficient and to assure the health, safety, and welfare of Michigan residents and visitors;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and 1982 PA 191, MCL 10.81 to 10.87, order the following:

1. A State of Energy Emergency is declared in the State of Michigan. Pursuant to Section 3 of 1982 PA 191, MCL 10.83, the State of Energy Emergency is effective until the earlier of either of the following:

a. A finding by the Governor that the energy emergency no longer exists.

b. Tuesday, November 29, 2005.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 31st day of August in the year of our Lord, two thousand and five.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Secretary for record.

The following message from the Governor was received on August 31, 2005, and read:

EXECUTIVE ORDER

No.2005-17

State of Energy Emergency

Waiver of Regulations Relating to Motor Carriers and

Drivers Transporting Gasoline, Diesel Fuel, and Jet Fuel

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 4 of 1982 PA 191, MCL 10.84, during a declared State of Energy Emergency the Governor may by executive order suspend a statute, order, rule of a state agency, or specific provision of a statute, rule, or order if strict compliance with the statute, order, rule, or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency;

WHEREAS, based on the effects of Hurricane Katrina, Executive Order 2005-16 declared a State of Energy Emergency in this state beginning on August 31, 2005;

WHEREAS, the United States Department of Transportation Federal Motor Carrier Safety Administration has declared that a regional transportation emergency exists in the Midwest Region (Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, Ohio and Wisconsin) in the highway transportation of certain petroleum products;

WHEREAS, as a result of the declared regional transportation emergency, the Federal Motor Carrier Safety Administration, acting pursuant to 49 CFR 390.23, has exempted motor carriers and drivers transporting gasoline, diesel fuel, and jet fuel from 49 CFR Parts 390-399 to address transportation needs arising from the impact of Hurricane Katrina. The exemption is effective from 1:00p.m. EDT, August 31, 2005 until 1:00p.m. EDT, September 14, 2005;

WHEREAS, in addition, appropriate measures must be taken at the state level in response to the energy emergency to ensure that petroleum supplies will remain sufficient and to assure the health, safety, and welfare of Michigan residents and visitors;

1. Motor carriers and drivers transporting gasoline, diesel fuel, and jet fuel in Michigan to address transportation needs arising from the impact of Hurricane Katrina are exempt from compliance with any applicable state statute, order, or rule substantially similar to 49 CFR Parts 390-399. Any such provision of a state statute, order, or rule is suspended. The exemption and suspension exemption is effective from the time of the issuance of this Order until 1:00p.m. EDT, September 14, 2005.

2. This order applies only to gasoline, diesel fuel, and jet fuel. No other petroleum products are covered by the exemption and suspension under this Order.

3. Nothing in this Order shall be construed as an exemption from applicable controlled substances and alcohol use and testing requirements (49 CFR Part 382 and any similar state statute, order, or rule), the commercial driver's license requirements (49 CFR Part 383 and any similar state statute, order, or rule), the financial responsibility requirements (49 CFR Part 387 and any similar state statute, order, or rule), applicable size and weight requirements, or any portion of federal regulations not specifically identified.

4. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption and suspension until the out-of-service order expires or the conditions for rescission have been satisfied.

5. The Federal Motor Carrier Safety Administration has required that drivers for motor carriers operating under the Declaration of Emergency issued under federal regulations must have a copy of the federal Declaration of Emergency in their possession. A copy of that Declaration of Emergency is attached to this Order.

6. The Motor Carrier Division of the Department of State Police shall coordinate state compliance with this Order.

This Order is effective until the earliest of any of the following:

a. A finding by the Governor that the State of Energy Emergency declared under Executive Order 2005-16 no longer exists.

b. Rescission of this Order.

c. 1:00p.m. EDT, Wednesday, September 14, 2005.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 31st day of August in the year of our Lord, two thousand and five.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Secretary for record.

The following message from the Governor was received on August 31, 2005, and read:

EXECUTIVE ORDER

No.2005-18

State of Energy Emergency

Temporary Suspension of Rules for Gasoline Vapor Pressure

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 4 of 1982 PA 191, MCL 10.84, during a declared State of Energy Emergency the Governor may by executive order suspend a statute, an order, a rule of a state agency, or a specific provision of the statute, rule, or order if strict compliance with the statute, order, rule, or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency;

WHEREAS, based on the effects of Hurricane Katrina, Executive Order 2005-16 declared a State of Energy Emergency in this state beginning on August 31, 2005;

WHEREAS, appropriate measures must be taken in response to the energy emergency to ensure that gasoline supplies will remain sufficient and to assure the health, safety, and welfare of Michigan residents and visitors;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, pursuant to powers vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

1. Regulation No.561, entitled, "Dispensing Facility Reid Vapor Pressure," promulgated by the Laboratory Division of the Department of Agriculture, 1997 AACS, R 285.561.1 to 285.561.10, is suspended for the duration of the State of Energy Emergency declared in Executive Order 2005-16.

The Department of Agriculture is responsible for coordinating state compliance with this Order.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 31st day of August in the year of our Lord, two thousand and five.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Secretary for record.

The following message from the Governor was received on September 1, 2005, and read:

EXECUTIVE ORDER

No.2005-19

Interstate Emergency Management Assistance Compact and

Calling to Active Duty Elements of the Michigan National Guard

WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor;

WHEREAS, under Section 12 of Article V of the Michigan Constitution of 1963, the Governor is the commander-in-chief of the armed forces of this state;

WHEREAS, under Section 151 of the Michigan Military Act, 1967 PA 150, MCL 32.551, the Governor may order to active state service any members of the Michigan National Guard in case of tumult, breach of the peace, resistance of process, or for service in aid of civil authority, whether state or federal, or in time of public danger, disaster, crisis, catastrophe or other public emergency within this state;

WHEREAS, under Section 159 of the Michigan Military Act, 1967 PA 150, MCL 32.559, the Governor may enter intoan agreement with the governors of 1 or more other states authorizing the military forces of this state, in time of invasion, rebellion, public disaster, or catastrophe to be employed within the area of the other states for mutual assistance in the public interest;

WHEREAS, by enacting Public Act 247 of 2001, MCL 3.991 to 3.994, and Public Act 248 of 2001, MCL 3.1001 to 3.1004, the State of Michigan entered into the Interstate Emergency Management Assistance Compact ("Compact") with all other jurisdictions legally joining into the Compact;

WHEREAS, the purpose of the Compact is to provide for mutual assistance between the states entering into the Compact in managing any emergency or disaster that is duly declared by the governor of an affected state whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resource shortages, community disorders, insurgency, or enemy attack;

WHEREAS, Hurricane Katrina has devastated portions of the States of Louisiana and Mississippi causing dangerous andlife-threatening conditions and the destruction of property within those states requiring assistance with rescue and recovery operations for persons in the affected areas, security for persons and property, and with other aid to the damaged and destroyed areas;

WHEREAS, the governors of the States of Louisiana and Mississippi have declared states of emergency in their states due to the catastrophic effects of Hurricane Katrina and have requested the assistance of the State of Michigan pursuant to the Compact;

WHEREAS, personnel and resources of the Michigan National Guard are required and critical to response under the Compact;

NOW, THEREFORE, I, JENNIFER M. GRANHOLM, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following:

1. The Department of Military and Veterans Affairs is authorized to utilize resources of the state military establishment to provide assistance to the States of Louisiana and Mississippi as provided under the Compact.

2. Other state departments and agencies shall assist the Department of Military and Veterans Affairs in responding to this situation as needed.

3. Those elements of the Michigan National Guard the Adjutant General deems necessary to assist in responding to the States of Louisiana and Mississippi by providing rescue, relief, and other response activities under the Compact are called to active state service.

This Order is effective upon filing.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this 1st day of September in the year of our Lord, two thousand and five.

Jennifer M. Granholm

Governor

By the Governor:

Terri L. Land

Secretary of State

The Executive Order was referred to the Secretary for record.

The following messages from the Governor were received and read:

August 31, 2005

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 35 of the Michigan Employment Security Act, 1936 (Ex Sess) PA 1, MCL 421.35:

Michigan Employment Security Board of Review

Mr.Stephen M. Geskey of 5835 Cabrena Drive, Lansing, Michigan 48917, county of Eaton, succeeding Mary Katherine Markman, whose term has expired, representing the general public, for a term commencing September 26, 2005 and expiring December 31, 2008.

August 31, 2005

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 4 of the Horse Racing Law of 1995, 1995 PA 279, MCL 431.304:

Racing Commissioner

Ms.Christine C. White of 4620 Britton Road, Bancroft, Michigan 48414, county of Shiawassee, succeeding R. Robert Geake, whose term has expired, appointed for a term commencing August 31, 2005 and expiring December 31, 2008.

September 1, 2005

I respectfully submit to the Senate pursuant to Article V, Section 6 of the Michigan Constitution of 1963, the following reappointments to office under Section 2 of the Electrical Administrative Act, 1956 PA 217, MCL 338.882:

Electrical Administrative Board

Mr.David L. Bushouse of 992 North 7th Street, Kalamazoo, Michigan 49009, county of Kalamazoo, reappointed to represent an insurance inspection bureau operating in this state, for a term expiring August 10, 2008.

Ms.Thelma P. Dobson of 25348 Arden Park, Farmington Hills, Michigan 48336, county of Oakland, reappointed to represent an electrical energy supply agency operating in this state, for a term expiring August 10, 2008.

Mr.William F. Donovan of 7997 South Portage Road, Jackson, Michigan 49201, county of Jackson, reappointed to represent a chief electrical inspector of a municipality, for a term expiring August 10, 2008.

September 1, 2005

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 office under Section 209 of the Michigan Liquor Control Code of 1998, 1998 PA 58, MCL 436.1209:

Michigan Liquor Control Commission

Ms.Virgie M. Rollins, a Democrat, of 19432 Burlington Drive, Detroit, Michigan 48203, county of Wayne, succeedingEna Weathers, whose term has expired, appointed for a term commencing September 26, 2005 and expiring June 12, 2008.

Ms.Judith M. Allen, a Republican, of 12057 Madonna Drive, Lansing, Michigan 48917, county of Eaton, reappointed for a term expiring June 12, 2008.

September 1, 2005

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 3a of the Stille-DeRossett Single State Construction Code Act, 1972 PA 230, MCL 125.1503a:

State Construction Code Commission

Ms.Dawn M. Holtrop of 2126 Swensberg N.E., Grand Rapids, Michigan 49505, county of Kent, succeeding Cheryl A.Whitton-Kaszubski, whose term has expired, representing the field of architecture, for a term commencing September 1, 2005 and expiring January 31, 2007.

September 2, 2005

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 1905 of the Natural Resources and Environmental Protection Act, 1994 PA 451, MCL 324.1905:

Michigan Natural Resources Trust Fund Board

Mr.Steven K. Hamp of 1520 Harding Road, Ann Arbor, Michigan 48104, county of Washtenaw, reappointed to represent the general public, for a term expiring October 1, 2009.

Sincerely,

Jennifer M. Granholm

Governor

The appointments were referred to the Committee on Government Operations.

Messages from the House

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

Senate Bill No.356

Senate Bill No.419

Senate Bill No.130

The motion prevailed.

Senate Bill No.129, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 2a of chapter XI (MCL 771.2a), as amended by 1998 PA 520.

The House of Representatives has substituted (H-3) the bill.

The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No.416, entitled

A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending the title and sections 1, 2, 3, and 4 (MCL 722.671, 722.672, 722.673, and 722.674), sections 1 and 3 as amended by 2003 PA 192, and by adding part II and a heading for part I; 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 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending the title and sections 1, 2, and 4 (MCL 722.671, 722.672, and 722.674), section 1 as amended by 2003 PA 192, and by adding sections 12a and 12b, part II, and a heading for part I; and to repeal acts and parts of acts.

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

Senate Bill No.463, entitled

A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending section 3 (MCL 722.673), as amended by 2003 PA 192.

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

The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect.

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

Senate Bill No.540, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 2 (MCL 445.1652), as amended by 2002 PA 4.

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.601, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230 and 1230a (MCL 380.1230 and 380.1230a), section 1230 as amended by 1993 PA 284 and section 1230a as added by 1995 PA 83, and by adding sections 1230c and 1230e.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending section 1230a (MCL 380.1230a), as added by 1995 PA 83.

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

Senate Bill No.606, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.

The House of Representatives has amended the bill as follows:

1. Amend page 4, line 2, by striking out "October 15, 2005" and inserting "January 1, 2006".

2. Amend page 4, line 3, by striking out all of enacting section 2 and inserting:

"Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:

(a) Senate Bill No.607.

(b) House Bill No.4934.".

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.

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

Senate Bill No.607, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 5 and 9 (MCL 28.725 and 28.729), section 5 as amended by 2004 PA 240 and section 9 as amended by 2004 PA 237.

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 1994 PA 295, entitled "An act to require persons convicted of certain offenses to register; to prescribe the powers and duties of certain departments and agencies in connection with that registration; and to prescribe fees, penalties, and sanctions," by amending section 5 (MCL 28.725), as amended by 2004 PA 240.

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

Senate Bill No.609, entitled

A bill to amend 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 1 of article IV (MCL 38.101), as amended by 1993 PA 60, and by adding section 1a to article IV.

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 1937 (Ex Sess) PA 4, entitled "An act relative to continuing tenure of office of certificated teachers in public educational institutions; to provide for probationary periods; to regulate discharges or demotions; to provide for resignations and leaves of absence; to create a state tenure commission and to prescribe the powers and duties thereof; and to prescribe penalties for violation of the provisions of this act," by amending section 4 of article I and section 3 of article IV (MCL 38.74 and 38.103), as amended by 1993 PA 60, and by adding section 1a to article IV.

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

Senate Bill No.611, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2004 PA 418.

The House of Representatives has substituted (H-1) the bill.

The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill 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 13p of chapter XVII (MCL 777.13p), as amended by 2005 PA 96.

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

Senate Bill No.615, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 2004 PA 315, and by adding sections 5c, 5f, and 5g.

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 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding sections 5f and 5g.

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

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

House Bill No.4541, entitled

An bill to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending sections 518, 525, and 537 (MCL 436.1518, 436.1525, and 436.1537), section 518 as added by 2002 PA 725, section 525 as amended by 2004 PA 266, and section 537 as amended by 2001 PA 223.

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

Senate Bill No.335, entitled

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.369 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: President

The President pro tempore, Senator Birkholz, assumed the Chair.

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

Senate Bill No.348, entitled

A bill to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 51 (MCL 211.51), as amended by 2005 PA 24.

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.370 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: Birkholz

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.

House Bill No.4825, entitled

A bill to amend 1982 PA 249, entitled "An act to establish the state children's trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund," by amending section 1 (MCL 21.171), as amended by 2002 PA 1.

(For text of amendment, see Senate Journal No.74, p. 1170.)

The question being on concurring in the House amendment made to the Senate amendments,

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

Roll Call No.371 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: Birkholz

By unanimous consent the Senate proceeded to the order of

Introduction and Referral of Bills

Senator Kuipers introduced

Senate Bill No.720, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9202.

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

Senator Barcia introduced

Senate Bill No.721, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 6 (MCL 205.56), as amended by 2004 PA 173.

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

Senators Barcia and Goschka introduced

Senate Bill No.722, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 11 (MCL 338.2211), as amended by 2003 PA 87.

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

Senators Bishop, Goschka, Kuipers, Stamas, Gilbert, George, Toy, Patterson, Cropsey, Basham, Thomas, Allen, VanWoerkom, McManus and Barcia introduced

Senate Bill No.723, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 601, 602, 721, 723, 725, 729, 732, 734, and 735 (MCL 339.601, 339.602, 339.721, 339.723, 339.725, 339.729, 339.732, 339.734, and 339.735), section 601 as amended by 1998 PA 250, section 602 as amended by 1981 PA 83, sections 721, 723, 729, 732, 734, and 735 as added by 1997 PA 10, and section 725 as amended by 1998 PA 380.

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

Senators Bishop, Goschka, Kuipers, Stamas, Gilbert, George, Toy, Patterson, Cropsey, Basham, Thomas, Allen, VanWoerkom, McManus and Barcia introduced

Senate Bill No.724, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2005 PA 96.

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

Senators McManus and Goschka introduced

Senate Bill No.725, entitled

A bill to amend 1976 PA 39, entitled "An act to authorize local units of government to appropriate funds for purposes of providing activities or services to older persons, to authorize local units of government to levy taxes for services to older persons, and to repeal certain acts and parts of acts," by amending section 6 (MCL 400.576), as amended by 1982 PA 41.

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

Senators Toy, Bishop, Gilbert and Kuipers introduced

Senate Bill No.726, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 2004 PA 173.

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

Senators Garcia, Goschka, Barcia, Hardiman and Van Woerkom introduced

Senate Bill No.727, entitled

A bill to create certain offices in the Michigan economic development corporation; and to impose certain duties and responsibilities on those officers and on certain state employees and public employees.

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

Senators Hardiman, Birkholz, Van Woerkom, Goschka and Garcia introduced

Senate Bill No.728, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9201, 9207, and 9227 (MCL 333.9201, 333.9207, and 333.9227), sections 9201 and 9227 as amended and section 9207 as added by 1996 PA 540.

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

Senators Hardiman, Birkholz, Van Woerkom, Goschka and Garcia introduced

Senate Bill No.729, entitled

A bill to amend 1985 PA 106, entitled "State convention facility development act," by amending section 3 (MCL 207.623).

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

Senators Jacobs, Johnson, George and Basham introduced

Senate Bill No.730, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 473 (MCL 750.473), as added by 1993 PA 140.

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

Senators Jacobs, Johnson, Basham and George introduced

Senate Bill No.731, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 473a.

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

Senators Jacobs and Johnson introduced

Senate Bill No.732, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 27a (MCL 211.27a), as amended by 2000 PA 260.

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

Senators Jacobs and George introduced

Senate Bill No.733, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending the title and section 105 (MCL 436.1105) and by adding section 914.

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

Senators Basham, Clark-Coleman, Jacobs, Thomas, Scott, Brater and Clarke introduced

Senate Bill No.734, entitled

A bill to provide for the collection and administration of a fee payable by certain employers; to provide for the disposition of the proceeds of the fee; to require certain employers to submit information; to create a fund in the state treasury; to prescribe the powers and duties of certain state departments and officers; and to provide civil penalties.

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

Senators Basham and Goschka introduced

Senate Bill No.735, entitled

A bill to authorize the governor to enter into certain agreements when authorized by the legislature.

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

Senators Goschka, Jelinek, Garcia, Birkholz, Kuipers, Bernero, Barcia, Hardiman, Allen and George introduced

Senate Bill No.736, entitled

A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," by amending sections 4 and 4a (MCL 801.4 and 801.4a), as amended by 1984 PA 119.

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

Senator Thomas introduced

Senate Bill No.737, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 682c.

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

Senator Thomas introduced

Senate Bill No.738, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 319 and 319b (MCL 257.319 and 257.319b), section 319 as amended by 2004 PA 362 and section 319b as amended by 2004 PA 495, and by adding section 626d.

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

House Bill No.4436, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2005; 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.

Senator Hammerstrom moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today.

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

House Bill No.4959, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 107, 113, 203, 537, 543, and 607 (MCL 436.1107, 436.1113, 436.1203, 436.1537, 436.1543, and 436.1607), sections 107 and 537 as amended by 2001 PA 223, section 203 as amended by 2000 PA 289, and section 543 as amended by 2005 PA 97.

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 Government Operations.

House Bill No.4972, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35d.

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.4973, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 45a (MCL 208.45a), as amended by 1999 PA 115.

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.4980, 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 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.5055, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20161 (MCL 333.20161), as amended by 2004 PA 469.

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.5095, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 3, 4, 19, 24, and 31 (MCL 205.3, 205.4, 205.19, 205.24, and 205.31), section 3 as amended by 2003 PA 92, sections 4, 19, and 31 as amended by 2002 PA 657, and section 24 as amended by 2003 PA 201.

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.5096, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide 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 Finance.

House Bill No.5097, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section 7jj.

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.5098, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 3, 36, 38e, and 71 (MCL 208.3, 208.36, 208.38e, and 208.71), sections 3 and 71 as amended by 1999 PA 115, section 36 as amended by 1995 PA 284, and section 38e as amended by 2003 PA 273, and by adding section 79.

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.5106, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4d (MCL 205.54d), as added by 2004 PA 173.

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.5107, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a and 4 (MCL 205.93a and 205.94), as amended by 2004 PA 172, and by adding section 5a.

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.5108, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 4a, 31, and 36 (MCL 208.4a, 208.31, and 208.36), section 4a as added by 2003 PA 241, section 31 as amended by 1999 PA 115, and section 36 as amended by 1995 PA 284.

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.

By unanimous consent the Senate returned 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 pro tempore, Senator Birkholz, designated Senator Kuipers as Chairperson.

After some time spent therein, the Committee arose; and, the President pro tempore, Senator Birkholz, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill:

House Bill No.4915, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2003 PA 5.

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:

House Bill No.4108, entitled

A bill to establish safety and security practices for certain persons involved in the retail or wholesale sale or use of certain fertilizers; to provide certain powers and duties for certain state agencies; and to provide for immunity from liability under certain circumstances.

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.648, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending the title and sections 1, 2, 3, 4, and 5 (MCL 28.211, 28.212, 28.213, 28.214, and 28.215), section 4 as amended by 2000 PA 320, and by adding sections 1a and 3a; and to repeal acts and parts of acts.

Substitute (S-1).

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

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

House Bill No.4436, entitled

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

1. Amend page 15, following line 17, by striking out "State active duty $ 1,000,000"

and inserting "State active duty $ 3,000,000".

2. Amend page 15, following line 17, by striking out

"Emergency management assistance compact 1,000,000"

and inserting "Emergency management assistance compact 3,000,000".

3. Amend page 17, following line 23, by inserting:

"(3) EMERGENCY MANAGEMENT

Disaster assistance $ 3,000,000

GROSS APPROPRIATION $ 3,000,000

Appropriated from:

Federal revenues:

FEMA 3,000,000

Special revenue funds:

State general fund/general purpose $ 0".

4. Amend page 18, following line 13, following subsection (5), by inserting:

"Sec. 115. DEPARTMENT OF TREASURY

(1) APPROPRIATION SUMMARY

GROSS APPROPRIATION $92,000

Total interdepartmental grants and intradepartmental transfers 0

ADJUSTED GROSS APPROPRIATION $92,000

Total federal revenues 0

Total local revenues 0

Total private revenues 0

Total other state restricted revenues 0

State general fund/general purpose $ 92,000

(2) REVENUE SHARING

Special census revenue sharing payments $92,000

GROSS APPROPRIATION $92,000

Appropriated from:

Special revenue funds:

State general fund/general purpose $ 92,000"

and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 21, following line 19, by inserting:

"Sec. 402. From the funds appropriated in 2004 PA 327, the department of state shall sell copies of records including, but not limited to, records of motor vehicles, off-road vehicles, snowmobiles, watercraft, mobile homes, personal identification cardholders, drivers, and boat operators and shall charge $7.00 per record sold only as authorized in section 208b of the Michigan vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222, MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue received from the sale of records shall be credited to the transportation administration collection fund created under section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b.

DEPARTMENT OF AGRICULTURE

Sec. 501. The unexpended funds appropriated in section 108 of 2004 PA 353 from the refined petroleum fund are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a:

(a) The purpose of the project is to support gasoline inspection programs under the weights and measures act, 1964 PA 283, MCL 290.601 to 290.634 and the motor fuels quality act, 1984 PA 44, MCL 290.650d.

(b) The project will be accomplished by state employees.

(d) The tentative completion date is September 30, 2006.

REPEALER

Sec. 601. Section 803 of 2004 PA 327 is repealed.".

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.

By unanimous consent the Senate returned to the order of

Third Reading of Bills

Senator Hammerstrom moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage:

House Bill No.4436

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

By unanimous consent the Senate proceeded to consideration of the following bill:

House Bill No.4436, entitled

The above bill was read a third time.

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.372 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: Birkholz

Senator Hammerstrom moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

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

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2005; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

The following bill was announced:

House Bill No.4541, entitled

An act to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending sections 518, 525, and 537 (MCL 436.1518, 436.1525, and 436.1537), section 518 as added by 2002 PA 725, section 525 as amended by 2004 PA 266, and section 537 as amended by 2001 PA 223.

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.

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 Hammerstrom offered the following substitute:

Substitute (S-1).

The substitute 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.373 Yeas--38

Allen Clark-Coleman Jacobs Sanborn

Barcia Clarke Jelinek Schauer

Basham Cropsey Johnson Scott

Bernero Emerson Kuipers Sikkema

Birkholz Garcia Leland Stamas

Bishop George McManus Switalski

Brater Gilbert Olshove Thomas

Brown Goschka Patterson Toy

Cassis Hammerstrom Prusi Van Woerkom

Cherry Hardiman

Nays--0

Excused--0

Not Voting--0

In The Chair: Birkholz

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

A bill to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending sections 518, 525, and 537 (MCL 436.1518, 436.1525, and 436.1537), section 518 as added by 2002 PA 725, section 525 as amended by 2005 PA 97, and section 537 as amended by 2001 PA 223.

The amendment to the title was adopted.

The Senate agreed to the title as amended.

By unanimous consent the Senate proceeded to the order of

Resolutions

The question was placed on the adoption of the following resolution consent calendar:

Senate Resolution No.54

Senate Resolution No.55

Senate Resolution No.56

Senate Resolution No.58

The resolution consent calendar was adopted.

Senators Olshove, Cherry, Brater, Bernero, Leland, Barcia and Scott offered the following resolution:

Senate Resolution No.54.

A resolution commemorating September 2005 as Children's Internet Safety Month.

Whereas, The Internet is one of the most effective tools available for purposes of education and research and gives children the means to make friends and freely communicate with peers and family anywhere in the world; and

Whereas, It is vital to the well-being of children that the Internet offer them a wholesome environment to explore and that its capacity to deliver pornographic material to the innocent be responsibly monitored and effectively screened; and

Whereas, Children are ill-equipped to cope with lurid Internet content and cyberpredators and are at risk in their own homes, schools, and libraries; and

Whereas, Parents, religious and government leaders, educators, and rational-thinking people everywhere are concerned about children's Internet safety, Web manipulation by the unscrupulous, and the rising tide of pornographic Web sites; and

Whereas, Objectionable material, such as violent, obscene, or sexually-explicit adult material may be received by a minor in an unsolicited form; and

Whereas, It is imperative that Michigan parents, guardians, grandparents, teachers, and family members, along with churches, business and community leaders, and organizations, be alerted to the pervasiveness and danger of pornography on the Internet. Support of this public service initiative will improve the Internet culture within their own spheres of influence; and

Whereas, The century of instant global communication holds great promise for achieving better understanding among people of the world. A broader resolve is heralded to protect the safety of children in order that the Internet not be perceived as an instrument of cunning, pornographic invitation to the young, but as evidence of profound respect for human dignity, creative inquiry, and commitment to excellence; now, therefore, be it

Resolved by the Senate, That we hereby commemorate September 2005 as Children's Internet Safety Month and express our support for efforts to protect our children against harmful Internet materials; and be it further

Resolved, That copies of this resolution be transmitted to Governor Jennifer Granholm and Lieutenant Governor John Cherry.

Senators Basham, Bishop, Cassis, Clark-Coleman, Clarke, Cropsey, Goschka, Jacobs, Prusi, Schauer, Switalski, Thomas and Toy were named co-sponsors of the resolution.

Senator Basham offered the following resolution:

Senate Resolution No.55.

A resolution observing September 19-25, 2005, as Pollution Prevention Week.

Whereas, Pollution prevention is a priority in achieving environmental quality in the state of Michigan; and

Whereas, The people of Michigan are proud of our state's beauty, natural resources, and environment; and

Whereas, The presence of pollutants continue to pose a threat to our environment, public health, and safety; and

Whereas, Pollution prevention is a fundamental strategy to protect the environment and maintain the health and safety of workers in the workplace by stopping pollution before it occurs; and

Whereas, Pollution prevention can benefit businesses by increasing industrial efficiency and energy efficiency, thereby saving businesses time and money; and

Whereas, Pollution prevention harnesses clean and pollution-free technology to help Michigan meet the challenges of having both a sustainable environment and healthy economy for its citizens and businesses; and

Whereas, The Senate supports pollution prevention as a means to promote environmental stewardship which improves our communities and protects our natural resources for future generations; and

Whereas, Pollution Prevention Week is an opportunity for the people of Michigan to join together for a clean and vibrant Michigan by taking action to reduce waste at its source, or where this is not feasible, identify opportunities to reuse and recycle; now, therefore, be it

Resolved by the Senate, That we observe September 19-25, 2005, as Pollution Prevention Week in Michigan, and we commend all businesses and community members who participate in local and regional celebratory and educational activities; and be it further

Resolved, That a copy of this resolution be provided to the Michigan Department of Environmental Quality as evidence of our support.

Senators Barcia, Bishop, Cassis, Cherry, Clark-Coleman, Clarke, Goschka, Jacobs, Olshove, Prusi, Schauer, Scott, Switalski and Thomas were named co-sponsors of the resolution.

Senators Barcia, Hardiman, Olshove, Cherry, Prusi, Thomas, Brater and Goschka offered the following resolution:

Senate Resolution No.56.

A resolution honoring the Michigan Community Blood Centers.

Whereas, It is a pleasure for the members of the Michigan Senate to acknowledge the administration and staff of Michigan Community Blood Centers for their outstanding commitment to contributing to better health care services in the state of Michigan. As this organization celebrates the fiftieth anniversary of its service to the state of Michigan, we are proud to commend all associated with this fine endeavor, for they are the ones who are responsible for its success; and

Whereas, Michigan Community Blood Centers are nonprofit organizations that are dedicated to meeting the demand for a ready and available supply of blood for emergencies. In addition to actively recruiting crucial donors for all blood types, the center is also intrinsically involved in critical blood testing procedures and is a leader in unique and advanced technologies; and

Whereas, Founded in 1955 as the Detroit Blood Center, Michigan Community Blood Centers merged with the Southern Michigan Blood Center in 1967 to form a network of vital service facilities in Detroit, Grand Rapids, and Saginaw. Currently, Michigan Community Blood Centers serve four major regions of the state, including West Michigan, Southwest Michigan, Northwest Michigan, and East-Central Michigan, with a combined population of more than 1.5million; and

Whereas, Michigan Community Blood Centers have excelled in meeting its positive purposes and have been of service to countless citizens, often in crisis situations, making a difference between life and death. It is a privilege to salute the people who day by day make this service possible; now, therefore, be it

Resolved by the Senate, That a unanimous accolade of praise and tribute be hereby accorded the administration and staff of Michigan Community Blood Centers; and be it further

Resolved, That a copy of this resolution be transmitted to the members of Michigan Community Blood Centers in evidence of the esteem held for them by the members of the Michigan Senate.

Senators Basham, Bishop, Cassis, Clark-Coleman, Clarke, Cropsey, Jacobs, Schauer, Scott, Switalski and Toy were named co-sponsors of the resolution.

Senators Van Woerkom and Bishop offered the following resolution:

Senate Resolution No.58.

A resolution designating September 2005 as Life Insurance Awareness Month in Michigan.

Whereas, Life insurance provides financial security for families in the event of a premature death by helping surviving family members meet immediate, ongoing, and future financial obligations and objectives; and

Whereas, Surveys consistently indicate that the vast majority of Americans believe that life insurance is an essential part of a sound financial plan; and

Whereas, The unfortunate reality today is that 44 percent of households in the United States say they lack adequate life insurance protection; and

Whereas, When someone who provides for other family members dies prematurely, insufficient life insurance coverage often results in financial hardship for surviving family members, forcing them to take such measures as work additional jobs or longer hours, borrow money from family and friends, scale back educational plans for children, spend down money from savings and investment accounts, and move to less expensive homes; and

Whereas, Determining how much and what kind of insurance to buy is one of the most important financial decisions consumers will ever make. Individuals, families, and businesses can benefit greatly from the expert advice of a qualified life insurance professional; and

Whereas, The Life and Health Insurance Foundation for Education, the National Association of Insurance and Financial Advisors, and a coalition representing hundreds of life insurance companies and organizations have designated September 2005 as Life Insurance Awareness Month, whose goal is to make consumers more aware of their life insurance needs, seek professional advice, and take the actions necessary to achieve the financial security of their loved ones; now, therefore, be it

Resolved by the Senate, That we hereby designate September 2005 as Life Insurance Awareness Month in Michigan, and we urge the citizens of the state to learn more about life insurance and its benefits; and be it further

Resolved, That copies of this resolution be transmitted to Governor Jennifer Granholm and to the Commissioner of the Office of Financial and Insurance Services.

Senator Patterson offered the following resolution:

Senate Resolution No.57.

A resolution to express opposition to the study and construction of an international border crossing in the Downriver area.

Whereas, The Detroit-Windsor and Port Huron-Sarnia border crossings of Southeast Michigan/Southwest Ontario are the busiest international crossings in North America, representing nearly 50 percent of the traffic volume crossing the United States/Canadian border. In 2000, American trade with Ontario reached $243 billion, which is larger than the total U.S. trade with Japan; and

Whereas, More than 75,000 vehicles use the Southeast Michigan/Southwest Ontario border crossings each day. Traffic at the Michigan and Canadian ports of entry has grown 44 percent from 19.7 million vehicles in 1990 to 28.4million vehicles in 2000. Truck traffic at these ports has more than doubled from 2.5 million vehicles in 1990 to 5.1 million in 2000. Over the next thirty years, the cross-border traffic along the Detroit-Windsor corridor is projected to increase 40 percent in car traffic and 120 percent in truck traffic. This corresponds to an increase in daily cross-border car trips from 52,000 to 70,000 and an increase in daily cross-border truck trips from 13,000 to 28,000; and

Whereas, The Canada-US-Ontario-Michigan Border Transportation Partnership is conducting a Planning/Need and Feasibility Study to examine existing and future cross-border transportation problems and opportunities within the Southeast Michigan and Southwest Ontario region. In June 2005, the partnership proposed several international crossing alternatives that address these identified transportation problems and opportunities. Each alternative would involve massive reconfiguration to either the I-275 or I-75 interchange area and significant expansion of either King Road, Pennsylvania Road, or Eureka Road to connect the proposed interchange areas to the river crossing plazas; and

Whereas, The Detroit River International Crossing Study proposes 12 river crossing plazas along the riverfront from Belle Isle to Grosse Ile. Four of the proposed plazas are located in the Downriver area. The first plaza consists of 173 acres located on the northeast corner of Fort Street and King Road in Trenton near the McLouth Steel property. The second proposed plaza is located in Trenton on the east side of Jefferson Avenue, north of King Road, on 217 acres owned by McLouth Steel. The third proposed plaza consists of 85 acres located at the Atofina Chemical Company, located south of Pennsylvania Road, west of Longsdorf Street in Riverview. The fourth proposed Downriver plaza is located at the Atofina Chemical Company on 85 acres located off Pennsylvania Road, east of Biddle Avenue, and south of Wyandotte Shores Golf Club in Wyandotte; and

Whereas, The reconfiguration of an interchange, the expansion of major roadways, and the construction of a plaza will have adverse effects on the quality of life in Downriver's 19 cities and townships. In particular, these wholesale transportation-related transformations will lead to plummeting property values that will have a devastating financial impact on the whole of Wayne County, particularly public schools. These changes will bring about excessive traffic-related noise that may have to be mitigated by the erection of intrusive noise barriers, thereby eroding community aesthetics and fueling negative public perception; and

Whereas, These transportation-related changes will also result in increased passenger vehicle and truck traffic. Residents near the recommended bridge plaza will face unacceptable health risks from the degraded local air quality caused by heavy-duty truck exhaust emissions. Heavy-duty trucks burn diesel fuel and are major emitters of nitrogen oxides and particulate matter. Nitrogen oxides emitted by on-road vehicles are a major contributor to high ozone levels in Southeast Michigan. The Downriver area will incur significant costs just to control emissions from current vehicle traffic in order to attain the federal ozone standard. Fine particulate matter emitted by diesel and gasoline engines is implicated as the cause of premature death in persons with cardiac and/or respiratory ailments after short-term exposure as well as being linked to an increased risk of lung cancer following long-term exposure; and

Whereas, The partnership also proposes the construction of one of three alternative bridges connecting the river crossing plazas to Ontario via Grosse Ile. Any one of the alternative bridges would produce intolerable traffic noise that could not be mitigated by noise barriers, vegetation, buffer zones, or any other noise abatement method. The proposed King Road plazas bridge would span Grosse Ile along Horse Mill road, with an attendant plaza facility near Church and East River Roads. This proposed facility would either destroy or have a decidedly negative impact on hundreds of privately-owned residences, a Presbyterian Church and cemetery, a Roman Catholic Church and cemetery, sensitive wetlands, marshes, woods and transitional prairies, and a number of locations on the Michigan Register of Historic Sites. The proposed facility would also obliterate the historical landing site of Antoine de la Mothe Cadillac, who camped on Grosse Ile more than 300 years ago before proceeding upriver to settle modern-day Detroit. The two proposed Pennsylvania Road plaza bridges would extend over Hennepin Point, located on the northern end of Grosse Ile. Any one of the proposed bridges will pose significant problems for pilots flying out of Grosse Ile Municipal Airport; endanger the 27 species of waterfowl, 17 species of raptors (eagles, hawks, and falcons), 48 species of nonraptors (loons, warblers, neotropical songbirds, cranes, and shore birds); and bring peril to numerous species of dragonflies and butterflies that migrate to the Grosse Ile coastal wetlands; and

Whereas, The construction of an international bridge crossing in the Downriver area will have a detrimental impact on the Detroit River, the first river to be designated a bi-national Heritage River and an International Wildlife Refuge. As such, the river's marshes, coastal wetlands, islands, shoals, and other natural features are to be preserved and restored to protect wildlife habitat. The Detroit River is also a primary source of drinking water for Wayne County. This is important because an international bridge crossing may involve the dredging of the Black Lagoon, which is directly downstream from the McLouth Steel property. Sediments in this area have been well documented to contain high levels of mercury, PCBs, cadmium, chromium, copper, lead, zinc, oils, and grease, substances that are known to behazardous to humans, wildlife, and aquatic species. Lead contamination levels in this vicinity also exceed human contact standards. Moreover, the construction of an international bridge will have injurious consequences on the small streams, ponds, and other sensitive ecosystems of the Downriver watershed caused by road salt runoff. Road deicing salts are contributing to the gradual salinization of the Detroit River and area groundwater supplies; now, therefore, be it

Resolved by the Senate, That we express opposition to the study and construction of an international border crossing in the Downriver area; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the Governor, the Michigan Department of Transportation, the Federal Highway Administration, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

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

Senator Hammerstrom moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Technology and Energy.

The motion prevailed.

Senators Cassis, Cherry and Olshove were named co-sponsors of the resolution.

Senator Toy offered the following resolution:

Senate Resolution No.59.

A resolution recognizing and commending the Republic of Macedonia and the Macedonian people upon the occasion of Prime Minister Lade Buchkovski's official visit to the United States of America and the great state of Michigan.

Whereas, The people who live in the country of Macedonia have a long history and rich Macedonian ethnic heritage; and

Whereas, The Macedonian people have a separate and distinct national identity and speak their own Macedonian language; and

Whereas, The people of Macedonia worship their own orthodox faith under the leadership of the Macedonian Orthodox Church; and

Whereas, The Republic of Macedonia became an independent state in 1991 and was admitted to the United Nations in 1995; and

Whereas, The United States of America has recognized the Republic of Macedonia as a sovereign state under its constitutional name; and

Whereas, The Republic of Macedonia is a member of the Iraqi coalition helping to fight the war on terrorism; and

Whereas, Michigan is home to the largest Macedonian community in the United States of America; now, therefore, be it

Resolved by the Senate, That this legislative body of the state of Michigan supports the rights of the Macedonian people all over the world to call their country of Macedonia their home; to freely and without prejudice express their own Macedonian national identity; to read, write, and speak their Macedonian language; to worship their faith in their Macedonian Orthodox churches; to practice their customs; and to have their human and civil rights protected by international law; and be it further

Resolved, That we hereby welcome Macedonian Prime Minister Lade Buchkovski on his official visit to the United States and the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the President and Vice President of the United States, the United States Secretary of State, the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, and to the Michigan congressional delegation.

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

Senator Hammerstrom moved that the rule be suspended.

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

The question being on the adoption of the resolution,

Senator Hammerstrom moved that the resolution be referred to the Committee on Local, Urban and State Affairs.

The motion prevailed.

Senator Patterson offered the following concurrent resolution:

Senate Concurrent Resolution No.27.

A resolution to express opposition to the study and construction of an international border crossing in the Downriver area.

Whereas, The construction of an international bridge crossing in the Downriver area will have a detrimental impact on the Detroit River, the first river to be designated a bi-national Heritage River and an International Wildlife Refuge. As such, the river's marshes, coastal wetlands, islands, shoals, and other natural features are to be preserved and restored to protect wildlife habitat. The Detroit River is also a primary source of drinking water for Wayne County. This is important because an international bridge crossing may involve the dredging of the Black Lagoon, which is directly downstream from the McLouth Steel property. Sediments in this area have been well documented to contain high levels of mercury, PCBs, cadmium, chromium, copper, lead, zinc, oils, and grease, substances that are known to be hazardous to humans, wildlife, and aquatic species. Lead contamination levels in this vicinity also exceed human contact standards. Moreover, the construction of an international bridge will have injurious consequences on the small streams, ponds, and other sensitive ecosystems of the Downriver watershed caused by road salt runoff. Road deicing salts are contributing to the gradual salinization of the Detroit River and area groundwater supplies; now, therefore, be it

Resolved by the Senate, That we express opposition to the study and construction of an international border crossing in the Downriver area; and be it further

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

Senator Hammerstrom moved that the rule be suspended.

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

The question being on the adoption of the concurrent resolution,

Senator Hammerstrom moved that the concurrent resolution be referred to the Committee on Technology and Energy.

The motion prevailed.

Senators Cassis and Olshove were named co-sponsors of the concurrent resolution.

Statements

Senators Leland, Clark-Coleman, Cassis, Schauer, Johnson, Scott and Brater asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.

The motion prevailed.

Senator Leland's statement is as follows:

Madam President and members, some of you know that my mother passed away over the weekend. She was buried on Sunday. I've gotten several phone calls to my office. I appreciate the condolences, and I wanted to thank the members for their kindness.

Senator Clark-Coleman's statement is as follows:

I'd like to speak briefly on the disaster that has occurred in this United States of America. The overrun levees of New Orleans, the battered shorelines of Gulfport, and the annihilated city of Biloxi not only reflect the destructive powers of Hurricane Katrina, but the devastation wreaked on this portion of the United States mirrors the breach between America's haves and have-nots; between our young and old; among black and white countrymen.

The greatest nation in the free world watched as its poor, elderly, and indigent unnecessarily succumbed to heat, dehydration, exhaustion, and hunger after the hurricane because all levels of government abandoned them. Local, state, and federal officials seemingly looked on as human beings, citizens of the United States, were forced to live by the laws of carnal nature.

I can't imagine being trapped on a rooftop in 100-degree weather with no water, no shelter from the sun, no food, no toilet, and no hope. It would not have been much better on the ground, where I simply cannot fathom having to wade through water contaminated with human waste, floating corpses, raw sewage, alligators, and poisonous snakes. This is what American victims of Hurricane Katrina have had to endure because authorities who are in charge of their safety and welfare dropped the ball to a point of no return.

Government inattentiveness split families. The poor and elderly, those who could not afford to evacuate before the hurricane hit, were left behind; many were separated from their families. One mother, with several children, was forced to leave her 10-year-old daughter behind because the vehicle used to evacuate them was designated for younger children only and one parent.

The forced abandonment is reminiscent of slavery when parents and children were separated at slave auctions. The inhumane policies implemented in the name of rescue have never been imposed in this country before now. We must ask ourselves, why?

America's choice over who died and who survived Hurricane Katrina is being discussed all around the world. Great Britain, our constant ally, is appalled at how our poor were allowed to die in such a horrible fashion. In all of this death and destruction, American citizens have stepped up to the plate and are giving money, food, clothing, shelters, and prayer. I'm very pleased that our Governor, Jennifer Granholm, has opened the army barracks in Battle Creek to house the hurricane victims. Across the United States, everyday citizens, churches, and community groups are showing the world that if the government fails, the people will get it right.

One final thought--American citizens, whether rich or poor, black or white, should never be referred to as refugees while on American soil. Our fellow countrymen are victims of one of the most devastating natural disasters in American history. They need our help and our prayers, not our ire brought on by labels given by misguided media.

Senator Cassis' statement is as follows:

During session last week, I was welcoming my newest granddaughter Elliston Elythe Weiner's birth. I, therefore, respectfully request that my vote, had I been present, regarding the Student Safety Zone package be recorded in the Journal. They are these: Roll Call No.360, "yes"; No.361, "yes"; No.362, "yes"; No.368, "yes"; No.363, "yes"; No.364, "yes"; No.365, "yes"; No.366, "yes"; No.367, "yes"; No.357, "yes"; No.358, "yes"; and No.359, "yes."

Senator Schauer's statement is as follows:

Madam President and colleagues, for those of you who are on the floor, I wanted to offer some comments, some observations about what ended up being a remarkable day in Battle Creek and in neighboring Augusta just over the line into Kalamazoo County. Yesterday, I'm sure you've heard by now, approximately 290 New Orleans residents were literally rescued from their homes, from their streets, from their neighborhoods, rescued from the water and brought onto private planes and commercial planes. Delta flew them and they landed at the Battle Creek Air National Guard Base yesterday about 5:00p.m. This was after an invitation by Governor Granholm to receive up to 10,000 displaced Americans from the Gulf Region to come to our great state and to receive some Northern hospitality.

It was an amazing thing, and it was humbling to be able to see the incredible work of the National Guard, the Air National Guard, and literally every branch of state government to charitable agencies like the Red Cross and our local chapter of America's Second Harvest Food Bank; hundreds and thousands of men and women health care providers, emergency responders, law enforcement, everybody there to reach out to these individuals who literally have lost everything. It's unimaginable to face that kind of loss.

What was amazing to me--as I was one of dozens of people there just to say hello, to say welcome to Michigan, we're glad you are OK--to see the resiliency and the positive spirit of all of these people. The people who came were men and women, young and old, children, people of color--black, white, Hispanic--pets, a puppy named Elvis, a dog named Whistle, a little poodle, a Lhasa apso named Cassini who spent the night at our house because his owner Roger had to go to the hospital. I understand now that Roger is back to the Air National Guard Base, the Fort Custer Military training center, so Cassini may be reunited with Roger today; we're not sure. It was a beautiful thing.

I guess the thing I wanted to share is the one theme that I heard that it's hard for us to appreciate here in Michigan where we do not have hurricanes is the comment about the water. I talked with a gentleman who described how he was up to his neck in water on his street with dead bodies floating by. Another gentleman who spent one night in his chair in his living room sleeping with water up to his chest with his dog on a stereo speaker to try and keep the dog warm. Just amazing stories of resiliency, heroism. A woman who lost her mother a week ago, but was thanking God that she was OK.

I know that we are all going to do our part. These are folks who may stay here for a short time until they are reunited with family. They may be here for some time, and I know that we will all do what we can. The Governor has talked with mayors from all over the state to appeal to them to provide housing and relief. So it was a great day. We may be joined by hundreds of others over the days ahead. We may not be receiving anymore, but I just wanted to share some of those stories and thank you all for your support here and thank you all for supporting folks in the Gulf Region.

Senator Johnson's statement is as follows:

I rise with respect to some comments made by the Senator from the 3rd District and just think that it's a mistake for any of us to start taking our fingers and pointing blame at any one specific individual. I'm just grateful, frankly, that in this particular state that we have mayors throughout the state who would have responded had they known that a hurricane 5 was heading right in their direction a heck of a lot sooner than the mayor of New Orleans did, which was 24 hours before and he issued immediate evacuation.

Like so many others who lived in urban squalor, there is absolutely no way those of us who did not own automobiles and had to rely on transportation could have fled. I, to this date, can't understand why every conceivable vehicle, whether owned by city, state, school districts, etc., were not driven into that area days in advance and evacuated those individuals.

But that is all in the past, and as Senator Schauer pointed out, we are all working together welcoming those individuals from the New Orleans area to our state. They've received so far a tremendous response. In fact, on the news last night, they showed people along the highways applauding the busses as they were driving into the facility that was going to house them.

All of us need to remember that, first and foremost, blame pointing is ignorant because we weren't there. Thank God we weren't there. Let's all just work together. Let's not separate during these times; let's work together. Let's not be partisan during this time; let's work together. Let's be a country that pulls together for the sake of those who are suffering.

Senator Scott's statement is as follows:

My heart is very heavy today as we talk about what has happened in the Gulf Region. No, maybe we don't need to point any fingers, but let me just say that I've been standing here for over a year talking about insurance for a number of those have-nots. We've made them poor and God forbid we could have the same thing happen here. So I hope that these folks have not died in vain. I hope that we learn from this and that we just don't talk about how we all need to work together; we need to do it. We need to do it today. I've been begging all of us to do it for a long time now.

We have some of these same people right here in our midst, right here in this state, and we are bringing more in. Yes, we need to help, but we need to learn to help here also. I hope this will happen soon. As I said, I hope that they have not died in vain--those who were drowned, those who stood on the rooftops in the sun that was beating against their skin. I know that there have been many hurricanes than that and it certainly did not take us that long to get there. Why did it take us so long to get down in the Gulf this time? Well, we won't point fingers, but we will say that it's time for action, not just words. We can start right here with these very people in Detroit and urban areas who are paying these high insurance rates. I said it the other day that you made the poor poorer. I continue to say this, but it falls on deaf ears. Hopefully, hopefully, we will soon do something for people.

We are all God's children and we all need to be treated like human beings, and to have people separate children from their parents, that is unconscionable. There is no way in the world that that ever should have happened and I certainly hope that never happens again. Now there are children on billboards there, lost children, but you separated them. We separated these children. There are many stories out there, but there is one in particular where the little girl 10 years old had to be separated from the rest of her family. We heard that there are young girls and women being raped in those godforsaken places.

We know that things are happening. We knew that this hurricane was coming. We have too many sophisticated meteorologists now who can tell us when things are going to happen. So if it didn't go directly like we thought it was supposed to be, they would have been out of there, and then if it didn't happen, then they could have come back to their homes. I just hope that we continue to learn from these.

I just want to remind you of these insurance, this redlining that is occurring right now in the poorest city in this country. This person says, "I am a 33-year-old college graduate. I have two bachelor's degrees and two master's degrees. I have been driving since I was 15. I have only had one accident in the period of time, which was determined that I was not at fault. I have seen my insurance rates rise an average of 29 percent over the last five years. I am at the age when my insurance rates should be falling, but not in Detroit; they are steadily rising. I find it totally ridiculous that credit criteria is being used to determine someone's insurance rates. This affects only those who cannot afford the rates to begin with."

Senator Brater's statement is as follows:

We have all watched the unfolding catastrophe of Katrina in New Orleans and around Louisiana, Mississippi, and Alabama with horror. I don't believe for one minute that any of my colleagues have stood up on this floor today to politicize this issue. Everyone who is standing up is standing up to express the pain and concern of their constituents that we do the right thing as a state and a nation as we watch this unfolding catastrophe. It is not to politicize it, but we do have an obligation to ask questions at this time.

We are looking at a federal leadership, many of whom ran for office on their credentials as managing a national emergency. That emergency was labeled homeland security. Now homeland security then enveloped what we used to call FEMA, emergency management, which is now run by a person whose main credential seems to have been that he ran a horse show. So we as legislators have an obligation to ask some questions because we are looking at what happened down South and we are wondering, there but for the grace of God go I, what would happen here in Michigan, God forbid, if a similar emergency occurred? We have to ask where was the Louisiana National Guard, where was the Mississippi National Guard, not only their personnel, but their equipment in this emergency? Many are saying that we need to study the situation and do we really have enough equipment to have it both in Iraq and here in our states where we expect to call on them in times of emergency? We have an obligation to ask these questions, and these questions need to be answered. We certainly can't answer them all at the state level, so I'm hoping that our legislative leadership in Washington will set up a commission to get these questions answered.

I think that this is the time that the curtain that is usually drawn on the problems of our cities has been lifted not by any willingness, not by a decision, but by an act of nature. We are seeing the tragedy and horror of people who, as my good colleague from Oakland County pointed out, are without cars, are without resources, were caught at the end of the month with no money, no bank account, and nowhere to flee to. This is not just a problem of this particular hurricane, but a problem of the lack of jobs, of resources, of a social safety net in our cities.

Most of the people, many of the people who were left behind, I heard an estimate that a quarter of the people in New Orleans were people with disabilities of one sort or another--either physical or mental disabilities--and we know that there are a large number of people with disabilities in our cities. If you look on TV at the people being rescued, coming out of their houses, if you look in their eyes, you can see that they are people who are having trouble processing things logically. Why else would they have resisted coming out of their houses till the last minute? They were frightened.

We have to ask questions about what procedures do we have in place? We can't just expect a mayor to issue an evacuation order and have people like this to fend for themselves because they can't in normal times. So it's legitimate to stand up here and ask some questions about the problems of our cities, about the people who are left behind, and we're grateful--I'm grateful--and I know all of us are grateful for the work that our Governor is doing for the outpouring of generosity of Michigan citizens at this time. But we have to ask the question, what if we had spent a little of that money in advance as a precaution to rebuild those levees, to provide safer housing, to have a real evacuation plan in place? These are questions that I think we have to continue asking, and I hope that we can all work together to redouble our efforts to help the re-builders who are arriving in Michigan. I know that we all want to do that.

Committee Reports

The Committee on Appropriations reported

Senate Bill No.548, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending section 7 (MCL 28.297), as added by 1997 PA 99.

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry and Clarke

Nays: None

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

The Committee on Appropriations reported

Senate Bill No.549, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208b and 232 (MCL 257.208b and 257.232), section 208b as amended by 2000 PA 159 and section 232 as amended by 2000 PA 192.

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry and Clarke

Nays: None

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

The Committee on Appropriations reported

Senate Bill No.550, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80130, 80315, 81114, and 82156 (MCL 324.80130, 324.80315, 324.81114, and 324.82156), as amended by 1997 PA 102.

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.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry and Clarke

Nays: None

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

The Committee on Appropriations reported

Senate Bill No.470, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 321, 5756, 8371, and 8420 (MCL 600.321, 600.5756, 600.8371, and 600.8420), sections 321 and 8420 as amended by 2003 PA 138 and sections 5756 and 8371 as amended by 2003 PA 178.

With the recommendation that the bill pass.

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

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry and Clarke

Nays: None

The bill was referred to the Committee of the Whole.

The Committee on Appropriations reported

Senate Concurrent Resolution No.26.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Kinross Correctional Facility New Power Plant.

(For text of resolution, see Senate Journal No.74, p. 1184.)

With the recommendation that the concurrent resolution be adopted.

Shirley Johnson

Chairperson

To Report Out:

Yeas: Senators Johnson, Stamas, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry and Clarke

Nays: None

The concurrent resolution was placed on the order of Resolutions.

COMMITTEE ATTENDANCE REPORT

The Committee on Appropriations submitted the following:

Meeting held on Wednesday, August 31, 2005, at 2:00p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Johnson (C), Stamas, Goschka, Garcia, Cropsey, Jelinek, McManus, Hardiman, George, Prusi, Barcia, Scott, Cherry and Clarke

Excused: Senators Brown and Switalski

COMMITTEE ATTENDANCE REPORT

The Joint Subcommittee on Capital Outlay submitted the following:

Meeting held on Wednesday, August 31, 2005, at 12:45p.m., Senate Appropriations Room, 3rd Floor, Capitol Building

Present: Senators Johnson (C), George, Cropsey, Hardiman, Prusi and Cherry

Excused: Senators Goschka and Clarke

COMMITTEE ATTENDANCE REPORT

The Committee on Education submitted the following:

Meeting held on Wednesday, August 31, 2005, at 1:00p.m., Room 110, Farnum Building

Present: Senators Kuipers (C), Van Woerkom, Clark-Coleman and Leland

Excused: Senator Cassis

COMMITTEE ATTENDANCE REPORT

The Committee on Commerce and Labor submitted the following:

Meeting held on Wednesday, August 31, 2005, at 1:30p.m., Room 210, Farnum Building

Present: Senators Allen (C), Schauer and Olshove

Excused: Senators Toy and McManus

COMMITTEE ATTENDANCE REPORT

The Committee on Technology and Energy submitted the following:

Meeting held on Wednesday, August 31, 2005, at 3:00p.m., Room 210, Farnum Building

Present: Senators Patterson (C), Kuipers, Birkholz, Olshove, Leland and Bernero

Excused: Senators Brown and Cassis

Scheduled Meetings

Agriculture, Forestry and Tourism - Thursday, September 8, 9:00a.m., Room 110, Farnum Building (373-1635)

Banking and Financial Institutions - Thursday, September 8, 12:00 noon, Room 100, Farnum Building (373-2417)

Economic Development, Small Business and Regulatory Reform - Wednesday, September 7, 3:00p.m., Rooms 402 and 403, Capitol Building (373-7670)

Health Policy - Wednesday, September 7, 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-3543)

Legislative Retirement Board of Trustees - Wednesday, September 7, 3:00p.m., Room H-252, Capitol Building
(373-0575)

Local, Urban and State Affairs - Thursday, September 8, 1:00p.m., Room 110, Farnum Building (373-1707)

Michigan Capitol Committee - Thursday, September 15, 12:30p.m., Rooms 402 and 403, Capitol Building (373-0289)

Michigan Law Revision Commission - Wednesday, September 14, 11:30a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212)

Technology and Energy - Wednesday, September 7, 3:00p.m., Room 210, Farnum Building (373-7350)

Senator Hammerstrom moved that the Senate adjourn.

The motion prevailed, the time being 11:34a.m.

The President pro tempore, Senator Birkholz, declared the Senate adjourned until Wednesday, September 7, 2005, at 10:00a.m.

CAROL MOREY VIVENTI

Secretary of the Senate