No. 112
STATE OF MICHIGAN
Journal of the Senate
93rd Legislature
REGULAR SESSION OF 2005
Senate Chamber, Lansing, Wednesday, December 14, 2005.
12:01a.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--excused 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
Senator Michelle McManus of the 35th District offered the following invocation:
Lord, You are great,
But the hour is late,
And yet, still we wait,
Which some of us hate.
We want to see our mate.
Can You arrange this fate?
Amen.
The President, Lieutenant Governor Cherry, led the members of the Senate in recital of the Pledge of Allegiance.
Motions and Communications
Senator Schauer moved that Senator Bernero be excused from today's session.
The motion prevailed.
Senator Allen entered the Senate Chamber.
The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, December 13:
House Bill Nos. 4522 5198 5487
The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 13, for her approval the following bills:
Enrolled Senate Bill No.648 at 10:55a.m.
Enrolled Senate Bill No.34 at 10:57a.m.
Enrolled Senate Bill No.625 at 10:59a.m.
Enrolled Senate Bill No.722 at 11:01a.m.
Enrolled Senate Bill No.724 at 11:03a.m.
By unanimous consent the Senate proceeded to the order of
Messages from the House
Senate Bill No.203, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 54 (MCL 208.54), as added by 1999 PA 115.
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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the substitute made to the bill by the House,
The substitute were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.745 Yeas--37
Allen Clarke Jacobs Sanborn
Barcia Cropsey Jelinek Schauer
Basham Emerson Johnson Scott
Birkholz Garcia Kuipers Sikkema
Bishop George Leland Stamas
Brater Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clark-Coleman
Nays--0
Excused--1
Bernero
Not Voting--0
In The Chair: President
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.634, 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 amended the bill as follows:
1. Amend page 2, line 3, after "1," by striking out "2007" and inserting "2008".
2. Amend page 2, line 8, after "BY" by striking out "2.5%" and inserting "3.75%".
3. Amend page 2, line 9, after "BY" by striking out "2.5%" and inserting "3.75%".
4. Amend page 2, line 10, after "BY" by striking out "95%" and inserting "92.5%".
5. Amend page 2, line 11, after "31," by striking out "2006" and inserting "2007".
6. Amend page 2, line 15, after "BY" by striking out the balance of the subsection and inserting "A PERCENTAGE, WHICH IS THE SUM OF ALL OF THE FOLLOWING PERCENTAGES:
(A) THE PROPERTY FACTOR MULTIPLIED BY 2.5%.
(B) THE PAYROLL FACTOR MULTIPLIED BY 2.5%.
(C) THE SALES FACTOR MULTIPLIED BY 95%.".
7. Amend page 3, line 3, by striking out all of enacting section 1.
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.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the amendments made to the bill by the House,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.746 Yeas--35
Allen Clarke Jelinek Schauer
Barcia Cropsey 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
Clark-Coleman Jacobs Sanborn
Nays--2
Brater Emerson
Excused--1
Bernero
Not Voting--0
In The Chair: President
The question being on concurring in the committee recommendation to give the bill immediate effect,
The recommendation was concurred in, 2/3 of the members serving voting therefor.
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.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 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 pursuant to Joint Rule 20, inserted the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
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.747 Yeas--37
Allen Clarke Jacobs Sanborn
Barcia Cropsey Jelinek Schauer
Basham Emerson Johnson Scott
Birkholz Garcia Kuipers Sikkema
Bishop George Leland Stamas
Brater Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clark-Coleman
Nays--0
Excused--1
Bernero
Not Voting--0
In The Chair: President
The Senate agreed to the full title.
The bill was referred to the Secretary for enrollment printing and presentation to the Governor.
House Bill No.5397, entitled
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 sections 5a, 34, and 35 (MCL 28.725a, 28.734, and 28.735), section 5a as amended by 2004 PA 240, section 34 as added by 2005 PA 127, and section 35 as added by 2005 PA 121.
The House of Representatives has amended the Senate substitute (S-1) as follows:
1. Amend page 8, line 24, after "zone" by striking out the balance of the subdivision and inserting a period.
The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the title as amended.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the House amendment made to the Senate substitute,
The amendment was concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.748 Yeas--37
Allen Clarke Jacobs Sanborn
Barcia Cropsey Jelinek Schauer
Basham Emerson Johnson Scott
Birkholz Garcia Kuipers Sikkema
Bishop George Leland Stamas
Brater Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clark-Coleman
Nays--0
Excused--1
Bernero
Not Voting--0
In The Chair: President
House Bill No.5459, entitled
A bill to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," (MCL 208.1 to 208.145) by adding section 35j.
The House of Representatives has amended the Senate substitute (S-1) as follows:
1. Amend page 3, line 3, after "SUBSECTION" by striking out "(3)" and inserting "(4)".
2. Amend page 4, line 2, after "SECTION," by inserting ""FACILITY",".
3. Amend page 4, line 2, after "TAXES"" by inserting a comma.
The House of Representatives has concurred in the Senate substitute (S-1) as amended and agreed to the full title.
Pending the order that, under rule 3.202, the bill be laid over one day,
Senator Hammerstrom moved that the rule be suspended.
The motion prevailed, a majority of the members serving voting therefor.
The question being on concurring in the House amendments made to the Senate substitute,
The amendments were concurred in, a majority of the members serving voting therefor, as follows:
Roll Call No.749 Yeas--37
Allen Clarke Jacobs Sanborn
Barcia Cropsey Jelinek Schauer
Basham Emerson Johnson Scott
Birkholz Garcia Kuipers Sikkema
Bishop George Leland Stamas
Brater Gilbert McManus Switalski
Brown Goschka Olshove Thomas
Cassis Hammerstrom Patterson Toy
Cherry Hardiman Prusi Van Woerkom
Clark-Coleman
Nays--0
Excused--1
Bernero
Not Voting--0
In The Chair: President
By unanimous consent the Senate proceeded to the order of
Resolutions
Senator Hammerstrom offered the following concurrent resolution:
Senate Concurrent Resolution No.37.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Wednesday, December 14, 2005, it stands adjourned until Thursday, December 29, 2005, at 11:30a.m.; and be it further
Resolved, That when the Legislature adjourns on Thursday, December 29, 2005, it stands adjourned without day.
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 concurrent resolution was adopted.
Committee Reports
The Committee on Commerce and Labor reported
Senate Bill No.922, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending sections 6 and 8a (MCL 125.2686 and 125.2688a), as amended by 2004 PA 430.
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.
Jason E. Allen
Chairperson
To Report Out:
Yeas: Senators Allen, Toy, McManus, Schauer and Olshove
Nays: None
The bill and the substitute recommended by the committee were referred to the Committee of the Whole.
The Committee on Commerce and Labor reported
Senate Bill No.900, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8c (MCL 125.2688c), as amended by 2003 PA 93.
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.
Jason E. Allen
Chairperson
To Report Out:
Yeas: Senators Allen, Toy, McManus, Schauer and Olshove
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 Commerce and Labor submitted the following:
Meeting held on Tuesday, December 13, 2005, at 8:00a.m., Room 100, Farnum Building
Present: Senators Allen (C), Toy, McManus, Schauer and Olshove
Senator Hammerstrom moved that the Senate adjourn.
The motion prevailed, the time being 12:18a.m.
Pursuant to Senate Concurrent Resolution No.37, the President, Lieutenant Governor Cherry, declared the Senate adjourned until Thursday, December 29, 2005 at 11:30a.m.
CAROL MOREY VIVENTI
Secretary of the Senate