No. 106
STATE OF MICHIGAN
Journal of the Senate
93rd Legislature
REGULAR SESSION OF 2005
Senate Chamber, Lansing, Wednesday, November 30, 2005.
10:00a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Alan Sanborn.
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--excused Gilbert--present Sanborn--present
Birkholz--present Goschka--present Schauer--present
Bishop--present Hammerstrom--present Scott--present
Brater--excused Hardiman--present Sikkema--present
Brown--present Jacobs --present Stamas--present
Cassis--present Jelinek--present Switalski--present
Cherry--present Johnson--present Thomas--present
Clark-Coleman--excused Kuipers--present Toy--present
Clarke--present Leland--present Van Woerkom--present
Cropsey--present McManus--present
Reverend Todd D. Smith of First Presbyterian Church of Lapeer offered the following invocation:
Almighty God, You have given us this good land as our heritage. Make us always remember Your generosity. May we constantly do Your will. Bless our land with honesty, with industry, sound learning, and an honorable way of life. Save us from violence, discord, and confusion; from pride and arrogance, and from every evil way.
Make us in this nation who come from many nations, continents, and backgrounds a united people. Defend our liberties, and give those whom we have entrusted with the authority of government the spirit of wisdom that there might be justice and peace in our land. When times are prosperous, let our hearts be thankful; and in troubled times, do not let our trust in You fail.
Grace us, Lord. Our divine governor, Your glory shines throughout the world. We commend our nation to Your merciful care that we may live securely in peace and be guided by Your providence. Give all in authority the wisdom and strength to know Your will and to do it. Help them remember that they are called to serve the people as lovers of truth and justice.
Bless the courts and the magistrates in our land. Give them the spirit of wisdom and understanding, that they may perceive the truth and administer the law impartially as instruments of Your divine will. Bless those who hold office in the government of this great state of Michigan, that they may do their work in a spirit of wisdom, kindness, and justice. Help them to use their authority to serve faithfully and to promote the general welfare.
Guard the brave men and women who risk themselves in a battle for our country. Give them and us compassion for both friend and foe, that we may be mindful that all are children of God. Though we must be at war, let us live for peace.
God of ages, in Your sight, nations rise and fall and pass through times of peril. When our land is troubled, be near to judge and save. May our leaders be led by Your wisdom. May they search Your will and see it clearly. Give us Your light and Your truth to guide us. May Your holy and life-giving Spirit so move every human heart that the barriers which divide us may crumble, suspicions disappear, and hatreds cease, and that with our divisions healed, we might live in justice and peace.
This we pray in the name of the one true God, who has called forth people of faith in every time and place. Amen.
The Assistant President pro tempore, Senator Sanborn, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
A moment of silence was observed for the passing of Representative Herb Kehrl.
Senators Leland and Allen entered the Senate Chamber.
Senator Hammerstrom moved that consideration of the following bills be postponed for today:
Senate Bill No.246
Senate Bill No.318
The motion prevailed.
Senator Hammerstrom moved that rule 3.902 be suspended to allow the guests of Senator Brown admittance to the Senate floor, including the center aisle.
The motion prevailed, a majority of the members serving voting therefor.
Senator Hammerstrom moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle and Gallery.
The motion prevailed, a majority of the members serving voting therefor.
Recess
Senator Hammerstrom moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 10:08a.m.
10:22a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Sanborn.
During the recess, Senator Brown introduced the Kalamazoo Pipe Band in honor of St. Andrew's Day, the patron saint of Scotland.
Senators Switalski, Cherry, and Patterson responded briefly.
During the recess, Senator Barcia entered the Senate Chamber.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, November 29:
House Bill Nos. 4129 4670 4778 5210 5256 5292 5375
The Secretary announced that the following official bills were printed on Monday, November 14, and are available at the legislative website:
Senate Bill Nos. 890 891 892 893 894 895 896 897 898 899
The Secretary announced that the following official bills were printed on Tuesday, November 29, and are available at the legislative website:
Senate Bill Nos. 900 906
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senator Hammerstrom moved that consideration of the following bill be postponed for today:
Senate Bill No.648
The motion prevailed.
House Bill No.4325, entitled
A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), section 17001 as amended by 1990 PA 248 and section 17501 as amended by 1990 PA 247, and by adding sections 17018 and 17518.
The House of Representatives has amended the Senate substitute (S-1) as follows:
1. Amend page 7, line 15, after "SECTION." by inserting "A PHYSICAL THERAPIST WHO IS LICENSED UNDER THIS ARTICLE BUT IS NOT CERTIFIED BY THE AMERICAN BOARD OF PHYSICAL THERAPY SPECIALTIES AS AN ELECTROPHYSIOLOGIC CLINICAL SPECIALIST ON THE EFFECTIVE DATE OF THIS SECTION AND WHO HAS BEEN PERFORMING ELECTRODIAGNOSTIC STUDIES IN THIS STATE ON A CONSISTENT BASIS SINCE BEFORE MAY 1, 2001 MAY CONTINUE TO PERFORM ELECTRODIAGNOSTIC STUDIES THAT ARE TO BE INTERPRETED BY A PHYSICIAN AS LONG AS HE OR SHE BECOMES CERTIFIED BY THE AMERICAN BOARD OF PHYSICAL THERAPY SPECIALTIES AS AN ELECTROPHYSIOLOGIC CLINICAL SPECIALIST BY DECEMBER 31, 2007. AS USED IN THIS SUBSECTION, "CONSISTENT BASIS" MEANS AT A MINIMUM AN ANNUAL AVERAGE OF 10 ELECTRODIAGNOSTIC STUDIES EACH MONTH.".
The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the full title.
Pursuant to rule 3.202, the bill was laid over one day.
Senator Schauer moved that Senators Bernero, Brater and Clark-Coleman be excused from today's session.
The motion prevailed.
Senator Garcia entered the Senate Chamber.
Senate Bill No.654, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11a of chapter XVII (MCL 777.11a), as added by 2002 PA 31.
(For text of amendment, see Senate Journal No.105, p. 2260.)
The question being on concurring in the amendment made to the bill by the House,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.606 Yeas--34
Allen Emerson Johnson Schauer
Barcia Garcia Kuipers Scott
Basham George Leland Sikkema
Bishop Gilbert McManus Stamas
Brown Goschka Olshove Switalski
Cassis Hammerstrom Patterson Thomas
Cherry Hardiman Prusi Toy
Clarke Jacobs Sanborn Van Woerkom
Cropsey Jelinek
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--1
Birkholz
In The Chair: Sanborn
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.
Senator Hammerstrom moved that Senator Birkholz be temporarily excused from today's session.
The motion prevailed.
Senator Birkholz entered the Senate Chamber.
Third Reading of Bills
Senator Hammerstrom moved that the following bills be placed at the head of the Third Reading of Bills calendar:
House Bill No.4027
House Bill No.4777
House Bill No.4597
House Bill No.4598
House Bill No.4599
House Bill No.4258
House Bill No.4186
House Bill No.5332
Senate Bill No.795
House Bill No.4706
House Bill No.5067
House Bill No.5026
The motion prevailed.
The following bill was read a third time:
House Bill No.4027, 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 sections 2 and 7 (MCL 207.552 and 207.557), section 2 as amended by 2005 PA 118 and section 7 as amended by 1996 PA 513.
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.607 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.4777, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2922 (MCL 600.2922), as amended by 2000 PA 56.
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.608 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4597, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 335a (MCL 750.335a), as amended by 2002 PA 672.
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.609 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4598, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 2 (MCL 28.722), as amended by 2004 PA 240.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.610 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to 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,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4599, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as amended by 2002 PA 261.
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.611 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and 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,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.4258, entitled
A bill to amend 1846 RS 1, entitled "Of the statutes," by amending section 3q (MCL 8.3q).
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.612 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.4186, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.
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.613 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.5332, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2024b.
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.614 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,".
The Senate agreed to the full title.
The following bill was read a third time:
Senate Bill No.795, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2885.
The 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.615 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The Senate agreed to the title of the bill.
The following bill was read a third time:
House Bill No.4706, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 916 (MCL 436.1916).
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.616 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to 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,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5067, 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 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.617 Yeas--34
Allen Cropsey Johnson Schauer
Barcia Garcia Kuipers Scott
Basham George Leland Sikkema
Birkholz Gilbert McManus Stamas
Bishop Goschka Olshove Switalski
Brown Hammerstrom Patterson Thomas
Cassis Hardiman Prusi Toy
Cherry Jacobs Sanborn Van Woerkom
Clarke Jelinek
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--1
Emerson
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to 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,".
The Senate agreed to the full title.
The following bill was read a third time:
House Bill No.5026, entitled
A bill to regulate warranties on motor vehicle protection products; to provide for the powers and duties of certain state officers and entities; and to prescribe civil sanctions.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.618 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
The Senate agreed to the title of the bill.
By unanimous consent the Senate proceeded to the order of
General Orders
Senator Hammerstrom moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar.
The motion prevailed, and the Assistant President pro tempore, Senator Sanborn, designated Senator Clarke as Chairperson.
After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Sanborn, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills:
House Bill No.5177, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11549 (MCL 324.11549).
House Bill No.5178, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2004 PA 382.
The bills were placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No.783, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 11526d, 11526e, 11526f, 11526g, and 11526h.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
House Bill No.5176, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11526e.
Substitute (S-2).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No.829, entitled
A bill to amend 1966 PA 13, entitled "An act to implement the provisions of section 14 of the schedule and temporary provisions of the constitution of this state by providing for the issuance and sale of full faith and credit bonds of the state to refund the outstanding bonds heretofore issued by the Mackinac bridge authority and upon such refunding to abolish the Mackinac bridge authority and to transfer the operation, maintenance, repair and replacement of the Mackinac bridge to the state highway department with power to fix and collect tolls, fees and charges for the use of the bridge, its services and facilities," by repealing section 9 (MCL 254.369).
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.830, entitled
A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," (MCL 16.101 to 16.608) by adding section 359; and to repeal acts and parts of acts.
Substitute (S-1).
The following is the amendment to the substitute recommended by the Committee of the Whole:
1. Amend page 2, line 7, after "SERVICE" by inserting a comma and "BUT SHALL REPORT TO THE EXECUTIVE SECRETARY OF THE AUTHORITY".
The Senate agreed to the substitute, as amended, recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill:
Senate Bill No.831, entitled
A bill to amend 1950 PA 21, entitled "An act to create the Mackinac bridge authority, and to prescribe its powers and duties; to provide for the determination of the physical and financial feasibility of a bridge connecting the upper and lower peninsulas of Michigan; to provide for a board of consulting engineers, and to prescribe its powers and duties; and to make an appropriation to carry out the provisions of this act," by amending section 2 (MCL 254.302).
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.832, entitled
A bill to amend 1952 PA 214, entitled "An act authorizing the Mackinac bridge authority to acquire a bridge connecting the upper and lower peninsulas of Michigan, including causeways, tunnels, roads and all useful related equipment and facilities, including park, parking, recreation, lighting and terminal facilities; extending the corporate existence of the authority; authorizing such authority to enjoy and carry out all powers incident to its corporate objects; authorizing the appropriation and use of state funds for the preliminary purposes of the authority; providing for the payment of the cost of such bridge and in that connection authorizing the authority to issue revenue bonds payable solely from the revenues of the bridge; granting the right of condemnation to the authority; granting the use of state land and property to the authority; making provisions for the payment and security of such bonds and granting certain rights and remedies to the holders thereof; authorizing banks and trust companies to perform certain acts in connection therewith; authorizing the imposition of tolls and charges; authorizing the authority to secure the consent of the United States government to the construction of the bridge and to secure approval of plans, specifications and location of same; authorizing employment of engineers irrespective of whether such engineers have been previously employed to make preliminary inspections or reports with respect to the bridge; authorizing the state highway department to operate and maintain such bridge or to contribute thereto and enter into leases and agreements in connection therewith; exempting such bonds and the property of the authority from taxation; prohibiting competing traffic facilities; authorizing the operation of ferries by the authority; providing for the construction and use of certain buildings; and making an appropriation," by amending section 14 (MCL 254.324).
Substitute (S-1).
The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills.
Introduction and Referral of Bills
Senator Cropsey introduced
Senate Bill No.907, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 507, 508, 517, 518, 549a, 549g, 803, 8134, and 8135 (MCL 600.507, 600.508, 600.517, 600.518, 600.549a, 600.549g, 600.803, 600.8134, and 600.8135), section 507 as amended by 2001 PA 252, sections 508 and 8134 as amended by 2001 PA 253, sections 517 and 803 as amended by 2002 PA 715, section 518 as amended by 2001 PA 256, section 549g as added by 1981 PA 182, and section 8135 as amended by 1982 PA 161.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Senator Hammerstrom introduced
Senate Bill No.908, entitled
A bill to amend 2003 PA 238, entitled "Michigan notary public act," by amending sections 27 and 29 (MCL 55.287 and 55.289).
The bill was read a first and second time by title and referred to the Committee on Local, Urban and State Affairs.
Senator Hardiman introduced
Senate Bill No.909, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35f.
The bill was read a first and second time by title and referred to the Committee on Finance.
Senator Toy introduced
Senate Bill No.910, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35i.
The bill was read a first and second time by title and referred to the Committee on Finance.
House Bill No.4129, entitled
A bill to establish a teachers loan forgiveness program for eligible teachers in certain at-risk schools; to establish a teachers loan forgiveness fund and to provide for its administration; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No.4670, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16184.
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 Health Policy.
House Bill No.4778, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 44520a.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Natural Resources and Environmental Affairs.
House Bill No.5210, entitled
A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by amending section 300 (MCL 16.400).
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Education.
House Bill No.5256, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3020 (MCL 500.3020), as amended by 1998 PA 410.
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 Banking and Financial Institutions.
House Bill No.5292, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3503, 7911, 7918, 7921, 7925, 7931, 7941, 7945, 8111, 8124, and 8134 (MCL 500.3503, 500.7911, 500.7918, 500.7921, 500.7925, 500.7931, 500.7941, 500.7945, 500.8111, 500.8124, and 500.8134), section 3503 as added by 2000 PA 252, sections 7911 and 7921 as amended by 1993 PA 200, section 7918 as amended by 2001 PA 182, sections 7925, 7931, and 7945 as amended by 1980 PA 41, section 7941 as amended by 1990 PA 137, section 8111 as amended by 1992 PA 182, section 8124 as added by 1989 PA 302, and section 8134 as amended by 1998 PA 279, and by adding sections 8124a and 8133a.
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 Banking and Financial Institutions.
House Bill No.5375, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16185.
The House of Representatives has passed the bill and ordered that it be given immediate effect.
The bill was read a first and second time by title and referred to the Committee on Judiciary.
Recess
Senator Cropsey moved that the Senate recess subject to the call of the Chair.
The motion prevailed, the time being 11:26a.m.
11:32a.m.
The Senate was called to order by the Assistant President pro tempore, Senator Sanborn.
By unanimous consent the Senate returned to the order of
Motions and Communications
Senator Hammerstrom moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today:
House Bill No.5395
The motion prevailed, a majority of the members serving voting therefor.
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 Assistant President pro tempore, Senator Sanborn, designated Senator Clarke as Chairperson.
After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator Sanborn, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill:
House Bill No.5395, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 98.
The bill 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 at the head of the Third Reading of Bills calendar:
House Bill No.5395
The motion prevailed, a majority of the members serving voting therefor.
The following bill was read a third time:
House Bill No.5395, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 98.
The question being on the passage of the bill,
The bill was passed, a majority of the members serving voting therefor, as follows:
Roll Call No.619 Yeas--35
Allen Cropsey Jelinek Schauer
Barcia Emerson Johnson Scott
Basham Garcia Kuipers Sikkema
Birkholz George Leland Stamas
Bishop Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clarke Jacobs Sanborn
Nays--0
Excused--3
Bernero Brater Clark-Coleman
Not Voting--0
In The Chair: Sanborn
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,".
The Senate agreed to the full title.
Senator Clarke asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal.
The motion prevailed.
Senator Clarke's statement is as follows:
I would just urge adoption of this bill. Rosa Parks was a great civil rights leader. She was a great American who has made this country a better place to live for everyone, and I'd urge your support.
By unanimous consent the Senate proceeded to the order of
Statements
Senators Scott, Thomas, Jacobs and Cropsey asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal.
The motion prevailed.
Senator Scott's statement is as follows:
I do have some hits from my website that I'd like to share with you again today. This is from Detroit: "I work every day and my husband is retired on disability. Our auto and homeowners insurance cost us over $6,000 a year. We're nearly to the point where it is difficult to pay such rates and maintain other responsibilities. If rates are not lowered, we may join the number of individuals who have homes and drive cars without insurance, not by choice, but expenses are overwhelming."
The next one is from Harper Woods: "If I lived in Macomb County, my auto and homeowners insurance would be lower than they are living in Wayne County."
The next one comes from Shelby Township: "I've had to move out of my Detroit home because insurance rates are just too high."
So, again, colleagues, it is truly time for us to deal with these insurance rates, so I hope my colleagues will take up these bills and take them up soon.
Senator Thomas' statement is as follows:
Mr.President, yesterday during the statements period, I was struck. We had numerous statements made that were critical of this state's Governor and very laudatory of Indiana's Governor and what a great job he's doing by comparison. Instead of just stating my disagreement with the previous speakers yesterday, I thought I would actually look up some of the facts and figures that were referenced.
According to the U.S. Bureau of Labor Statistics, in Indiana from October of 2004 to October of 2005, unemployment actually increased 0.2 percent. Over that same period in the state of Michigan, unemployment actually decreased by 1.1 percent.
So I would say to Indiana's Governor, whatever you're doing, please do keep up that good work; and to our Governor of Michigan, thank you for your hard work, and I certainly look forward to working with you at putting Michigan back to work.
Senator Jacobs' statement is as follows:
With the peak of the holiday season upon us, we have been inundated with warnings about protecting our credit cards and our personal information, whether online or at the malls. Identity theft is the fastest-growing crime in America today, a trend that will only escalate during this very frenetic consumer-buying season. But as the abuses mount, so do efforts to eliminate it.
California's 2002 notice of security breach law informs the public about breaches in database security, and as news of such breaches spread, 17 states passed similar legislation. In 2001, California passed a security freeze on consumer reports law. Three states followed suit and eight more are expected to pass similar legislation before the end of the year. In 2003, Virginia was the first to enact an identity theft passport to document the innocence of an identity theft victim. Mississippi and Oklahoma followed in 2004, and this year, Ohio went one step further by requiring a fingerprint and photo to be included in the victim's database record. Already, three more states have enacted such laws.
In April of this year, my colleagues and I introduced a package of bills to supplement the good work that this body has already done in terms of identity theft, and our package of bills was dedicated to assure that consumer interests continue to be protected. They include legislation that will allow consumers to place a security freeze on their consumer files. I also introduced legislation that would require financial institutions to obtain a signature from consumers in order to sell or otherwise distribute personal information to other businesses or organizations.
Senate Bill Nos. 377 and 426 are currently in the Senate banking committee, and I hope that my colleagues would build on the already good work that we've done here to continue to reduce the negative impacts of this growing problem. Right now, identity theft costs $55 billion annually and this $55 billion is borne directly by businesses. Consumers pay with a lifetime of financial chaos.
In comparison to other states' efforts, we are beginning to fall woefully behind. I hope we can move on this legislation and preserve and protect consumer privacy and do what is best for the citizens of this great state.
Senator Cropsey's statement is as follows:
In response to the good Senator from the 14th District, in which identity theft is a huge issue and becoming more of an issue, I know that the Senator from the 13th District has introduced legislation and has been working on that for several months and has done an exceedingly good job at that. We think we have the legislation crafted; that it will be taken up in the Judiciary Committee--Senate Bill No.309--either next week or within the very near future. We think maybe we'll have it ready for a hearing next week and hopefully get it reported out.
So this is an issue, especially with the holiday season upon us in which people are buying gifts for Christmas. This is an issue that is very timely. It is one that is wrought with all sorts of pitfalls, and at the same time, people need to know that their identity is protected. We'll continue to work on that until, hopefully, we are able to diminish this problem significantly.
Committee Reports
The Committee on Judiciary reported
Senate Bill No.208, entitled
A bill to allow reimbursement to municipalities for certain costs for inmates housed in municipal jails or county jails; and to provide certain powers and duties of municipal officials and county officials.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
Senate Bill No.541, entitled
A bill to regulate the transfer of structured settlement rights; to place conditions on the transfer of structured settlement rights; to establish a procedure for approval of transfer of structured settlement rights; and to repeal acts and parts of acts.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5275, 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, and 3 (MCL 28.211, 28.212, and 28.213) and by adding sections 1a and 3a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5276, entitled
A bill to amend 1925 PA 289, entitled "An act to create and maintain a fingerprint identification and criminal history records division within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties and remedies for a violation of this act," (MCL 28.241 to 28.248) by adding section 2a.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5277, entitled
A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 2000 PA 320.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.4798, entitled
A bill to amend 1989 PA 196, entitled "An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim's rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim's rights services; and to prescribe the powers and duties of certain state and local agencies and departments," by amending sections 5 and 6 (MCL 780.905 and 780.906), section 5 as amended by 1996 PA 520 and section 6 as amended by 1993 PA 345.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5023, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 1k to chapter IX.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5268, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 85.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.5269, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2002 PA 269.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill was referred to the Committee of the Whole.
The Committee on Judiciary reported
House Bill No.4577, entitled
A bill to amend 1977 PA 72, entitled "The medicaid false claim act," by amending the title and section 11 (MCL 400.611), the title as amended by 1982 PA 518, and by adding sections 10a, 10b, and 10c.
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
The committee further recommends that the bill be given immediate effect.
Alan L. Cropsey
Chairperson
To Report Out:
Yeas: Senators Cropsey, Bishop, Sanborn, Patterson and Schauer
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Judiciary submitted the following:
Meeting held on Tuesday, November 29, 2005, at 1:10p.m., Room 210, Farnum Building
Present: Senators Cropsey (C), Bishop, Sanborn, Patterson and Schauer
Excused: Senators Bernero and Brater
The Committee on Transportation reported
House Bill No.5395, entitled
A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.2080) by adding section 98.
With the recommendation that the bill pass.
The committee further recommends that the bill be given immediate effect.
Judson S. Gilbert II
Chairperson
To Report Out:
Yeas: Senators Gilbert, Kuipers and Leland
Nays: None
The bill was referred to the Committee of the Whole.
COMMITTEE ATTENDANCE REPORT
The Committee on Transportation submitted the following:
Meeting held on Wednesday, November 30, 2005, at 9:05a.m., Room 110, Farnum Building
Present: Senators Gilbert (C), Kuipers and Leland
Excused: Senators Goschka and Basham
COMMITTEE ATTENDANCE REPORT
The Committee on Education submitted the following:
Meeting held on Tuesday, November 29, 2005, at 1:00p.m., Senate Hearing Room, Ground Floor, Boji Tower
Present: Senators Kuipers (C), Cassis, Van Woerkom and Leland
Excused: Senator Clark-Coleman
COMMITTEE ATTENDANCE REPORT
The Michigan Capitol Committee submitted the following:
Meeting held on Tuesday, November 29, 2005, at 3:00p.m., Rooms 402 and 403, Capitol Building
Present: Senators George (C), Garcia and Schauer
Excused: Senator Toy
Scheduled Meetings
Appropriations - Thursday, December 1, 12:00 noon or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Subcommittees -
Capital Outlay - Thursday, December 1, 9:00a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2523)
Commerce, Labor and Economic Development - Thursday, December 8, 2:30p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2420)
Judiciary and Corrections - Wednesday, December 7, 9:00a.m., Room 402, Capitol Building (373-3760)
Education - Thursday, December 8, 2:00p.m., Room 210, Farnum Building (373-6920)
Senator Hammerstrom moved that the Senate adjourn.
The motion prevailed, the time being 11:50a.m.
The Assistant President pro tempore, Senator Sanborn, declared the Senate adjourned until Thursday, December 1, 2005, at 10:00a.m.
CAROL MOREY VIVENTI
Secretary of the Senate